Julius Caesar Adelmare and His Attempt to Substantiate Legitimacy of Court of Request
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Julius Caesar Adelmare and His Attempt to Substantiate Legitimacy of Court of Request
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The article examines the attempts of lawyer Julius Caesar Adelmare to justify legitimacy of Court of Requests. In the end of the 16th century there was a dispute about jurisdiction of all courts of equity, including court of Requests, between lawyers of the common law courts and those of the civil law. Courts of equity (Court of Chancery, Star Chamber and Court of Requests) had simpler legal proceeding than courts of common law and rendered judicial decisions at the discretion of the Chancellor. In the middle of the 16th century, the role of courts of equity increased. This fact caused concern among lawyers of common law courts. They considered that such courts had no right to exist. At the same time, there was a need to protect this institution before common law courts. One of the judges of Court of Requests, Julius Caesar Adelmare wrote a treatise, which, in his opinion, should defend the reputation of this court. One of the argument of defense was ancientry of Сourt of Requests (although, this court was founded about the end of the 15th century). At the same time, ancientry of court gave full right to it to exist. The author created the impression of an ancient court, using special system of reasoning, special system of constructing text, and historical myths. Another argument for defense was its relationship with the royal power. Julius Caesar Adelmare used for evidence a list of cases, a list of plaintiffs and a list of judges of Court of Requests. Despite the efforts of the author, this treatise did not receive wide acclaim among lawyers of the common law courts or those of the civil law.
political and legal theory, legal treatises, category «equity», English Privy Council, royal prerogative, Court of Requests, Court of Chancery, Star Chamber
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