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and 1543. In SCOTLAND the nobility were relatively more powerful in their localities, and counties were only slowly brought into any kind of central administrative network. Irish counties were similarly affected by English administra-

tors, and both IRELAND and NORTHERN IRELAND

still have county names deriving from the period of 16th and 17th century English conquest. The size and arrangement of those districts reflects the haphazard formation during years of conquest, and Irish local districts (baronies, parishes, and townlands) further complicate the picture.

Elected county COUNCILs were created in EN- GLAND by an act of 1888, and there was a major redrawing of county boundaries by an act of 1972. In Wales some were rechristened with the names of old Welsh kingdoms, while the total of 13 was reduced to eight. The act for Scotland (1973) reduced 33 counties to nine regions and three island areas. Even more radical changes came in 1996, when counties in Wales and Scotland were abolished and replaced by “unitary authorities”—22 for Wales and 33 for Scotland. At the same time, England was divided into 34 administrative counties, six metropolitan counties, and 34 unitary authorities. New administrative districts have also been created in modern Ireland.

county court

After the Norman Conquest, each SHIRE was administered by a SHERIFF, who represented the Crown and held the shire moot, or county court. It was an important body, before the rise of itinerant justices on ASSIZE circuits and before the creation of JUSTICES OF THE PEACE. After the 14th century the courts fell into disuse, but there was a major revival in 1846. At first a set of 500 local small-debt courts, the county courts now hear cases up to £2,000 in value, and they exercise limited probate, matrimonial, and admiralty jurisdiction.

Court of Appeal See APPEAL, COURT OF.

Court of Augmentations See AUGMENTA-

TIONS, COURT OF.

Court of Chancery See CHANCERY, COURT OF.

Court of Criminal Appeal See CRIMINAL

APPEAL, COURT OF.

Court of King’s Bench See KING’S BENCH,

COURT OF.

Court of Session See SESSION, COURT OF.

court party

In general the term court party referred to the persons at the royal court who were close advisers of the monarch. In particular, in the wake of the upheavals of the CIVIL WARS and the GLORI- OUS REVOLUTION in the late 17th century, the political system began to tolerate opposing views in government. The commonly used terms for the rival groups of politicians in that period were the court party and the country party.

These terms coexisted with, and were less abrasive than, the labels WHIG and TORY, which came into use in the 1670s.

courts of law

There are six separate legal systems in the British Isles, each of them having a distinct set of courts with a limited amount of connection between the systems. In most systems there are central and local courts, and there are courts of special jurisdiction.

ENGLAND AND WALES

The royal courts date from the 12th century; the Court of COMMON PLEAS became the first court to emerge from the king’s COUNCIL. In fact, it was declared in the MAGNA CARTA (1215) that

the court should be in a fixed location rather than perambulatory, at a time when all royal servants still traveled with the king. In matters dealing with the Crown’s rights, the Court of KING’S BENCH soon became the main venue, except for revenue cases, which were heard in the Court of EXCHEQUER. By the 15th century, the LORD CHANCELLOR heard cases in his Court of CHANCERY that fell outside the COMMON LAW. Thus was established the equity jurisdiction, which came to govern trusts, charities, mortgages, administration of infants and their estates, as well grants of relief in cases of fraud or accident. Appeals were taken from chancery to the HOUSE OF LORDS but the common law courts had no appellate procedure save the rarely used WRIT of error, a claim that there had been a flaw in process, which also could be heard in the Lords. The creation of the HIGH COURT OF JUSTICE in 1873 amalgamated all of the royal courts and added a Court of APPEAL, from which some cases might still go on to the judicial committee of the House of Lords. The English structure had absorbed Welsh jurisdiction by the acts of UNION of the 16th century.

The local jurisdictions passed from feudal and personal powers to local governmental divisions. Manorial and baronial courts as well as the old COUNTY COURTs, were supplanted, by the 15th and 16th centuries, by county JUSTICES OF THE PEACE sitting together in courts of QUARTER SES- SIONS and in pairs in PETTY SESSIONS. They were paralleled by BOROUGH and municipal courts, some of them of ancient authority. In the 19th century the growth of population and advance of society produced some legal reforms. Thus by 1846 some 500 new county courts had been created to act in matters of small debts and other lesser cases. These were joined by growing numbers of lay MAGISTRATEs in the 20th century, operating in somewhat the same fashion as the old justice of the peace, though petty sessions were renamed magistrates’ courts (1949) and quarter sessions were abolished in 1971. Here also, the Welsh were brought into the anglicized system in the acts of 1536–43.

There have been many special jurisdictions with their own courts. In earlier times these courts had functional identities: church courts, military courts, courts of chivalry, and guild courts were but a few examples. Over time, these special functions tended to be absorbed by the more powerful central courts, though some of these ancient tribunals still exist. But in the 19th century, a new breed of special jurisdictions began to multiply: administrative tribunals were created by statute and endowed with legal authority to supervise different types of cases. Much of this work involved disputes between individuals and government departments, and in 1958 a Council on Tribunals was created to monitor the work of these courts.

In a special category, a parliamentary ombudsman (the term borrowed from Sweden) was created in 1965. Not a judge, but an investigator who might act at the request of a MEMBER OF PARLIAMENT, this Parliamentary Commissioner for Administration makes reports that serve to expose cases of maladministration.

SCOTLAND

The Scottish central courts have a unique structure, dating from the creation of the College of Justice in 1532. The lord president and 14 lords ordinary were the judges of the Court of SESSION, hearing civil cases. The court was reformed in the early 19th century, divided into an Inner and Outer House. The more junior judges serve in the Outer House, hearing cases in the first instance, with an appeal to the Inner House. From the early 18th century it was also possible to appeal from the Court of Session to the House of Lords. Central criminal jurisdiction had been in the office of the king’s lord justice-general who appointed judges to hear cases; he and the lord justice-clerk, an assistant, were made judges

of a new HIGH COURT OF JUSTICIARY in 1672, along

with five lords of session. The offices of lord president and lord justice-general were merged in 1836. The lords of justiciary hear cases on circuit and in EDINBURGH, and they also hear appeals from the sheriff courts and the high

court. There is no appeal from the Court of Justiciary to the House of Lords.

Local jurisdiction in SCOTLAND was very much a private affair until the 18th century. With a history of weaker central authority than England, aristocrats and CLAN leaders exercised hereditary powers over their tenants, and these were affirmed in the Act of UNION of 1707. But in the wake of the JACOBITE uprising in 1745, these powers were abolished, and revamped offices of SHERIFF depute and sheriff substitute were given statutory authority in 1747. This was the first instance of a salaried local judge, a step taken in the special circumstances to assure professional behavior and greater accountability. The sheriffdom was an old division, but now the sheriff court was reformed, and appeals would lie to the Court of Session. In criminal cases the appeal went to the Court of Justiciary. In Scotland there had also been attempts to develop an English-style Justice of the Peace (1587, 1609, 1708, 1718), but these attempts were not successful because they were seen as an alien intrusion and because they overlapped with existing authorities. The Scottish BURGHS had had special local authority since their origin. Royal burghs and burghs of barony were the main types, and other modern versions were created in the 19th century.

Scottish special jurisdictions include the same categories as the English system, although their histories differ. Church courts act at each level of the PRESBYTERIAN structure (kirk, presbytery, synod, and general assembly). Courts-martial are subject to the codes adopted by each service, are the same as the English, and are based on English criminal law. Some peculiar jurisdictions were unique to Scotland. Ancient Scottish offices such as the Marischal, the Constable, the Lyon King of Arms, the Admiral, and the Chamberlain had courts which heard cases in their peculiar jurisdictions. The recent expansion of social services has fueled the growth of tribunals in Scotland, some the same as the English, others peculiar to Scotland. In the first group are national insurance and national health. In the other are the Scottish Land Court (successor to the CROFTERs’ commission) and the Mental Wel-

fare Commission for Scotland. In addition, some Scottish tribunals are subject to the oversight of the Secretary of State for Scotland.

IRELAND

During the period of English rule (1171–1922), the central courts in IRELAND were a copy of the English courts, although the area of the country under English control fluctuated from a low point in the 15th century (the PALE around DUBLIN) to total coverage in the 18th and 19th centuries. Irish judges were often recruited from England until the end of the 18th century, after which time they were principally of Irish or, more properly, Anglo-Irish origin. Irish BARRIS- TERs were required by law to attend the INNS OF COURT in LONDON as part of their training, and English case law was cited in Irish courts. In 1887 an Irish Supreme Court was created, modeled on the English reform of 1873. After the establishment of the IRISH FREE STATE (1922), a brief experiment with “Dáil” courts and Celtic laws was abandoned, and English-style courts and proceedings were restored. Under a Courts of Justice Act in 1924, a new structure was put in place: at the local level, a district court and a circuit court; at the upper level, a high court, a court of criminal appeal, and a supreme court. These were affirmed by the constitution of 1937, under which Ireland became a republic governed by a written constitution.

The local courts, formerly those of justices of the peace (and in the 19th century paid resident magistrates), were replaced by district courts for minor civil and criminal cases. The circuit court, which replaced the county court, heard appeals from district courts and could hear serious criminal cases, subject to appeal to the court of criminal appeal.

Special jurisdictions were radically excised by the constitutional changes of 1922 and 1937. Earlier special courts were replaced by a collection of modern tribunals and boards, although in separate garb and styled to fit the Irish con- stitutions—e.g., land commission, employment tribunals, criminal injuries compensation. The

idea of an ombudsman was adopted in acts of 1980 and 1984, and it has been replicated in selected areas outside government.

NORTHERN IRELAND

With the partition of Ireland brought about by the Government of Ireland Act of 1920 and the subsequent creation of the Irish Free State in 1922, a dominion government was created in BELFAST. A Supreme Court of Judicature copied that of England, and there was a Court of Appeal, from which decisions might be appealed to the House of Lords. Below the Supreme Court there is a Crown Court, which hears cases in different regions. Below that are county courts, and below them resident magistrates who try summary offenses. Because of the unrest in Northern Ireland (1969–98), some extraordinary features appeared in the law: judges may try terrorist offenses without juries (“Diplock” courts take their name from the English judge who led the inquiry recommending this change). Recent legislation restricted the right to silence for terrorists and made other important modifications in criminal law.

ISLE OF MAN

A self-governing dependency, technically not a part of the United Kingdom, the ISLE OF MAN has been under the protection of the Crown since the middle ages and was purchased by GEORGE III in 1765. The executive is the lieutenant governor; the legislature is Tynwald, composed of the governor, the Legislative Council, and the House of Keys (24 elected members). The high court has three divisions (common law, chancery, staff of government). The high court judges are the First and Second Deemsters, Clerk of the Rolls, and Judge of Appeal. Criminal cases are heard by the Court of General Gaol Delivery.

CHANNEL ISLANDS

The CHANNEL ISLANDS, Crown dependencies, are the inheritance of the Duchy of Normandy. They consist of the bailiwicks of Jersey and Guernsey as well as the latter’s dependencies, Alderney

and Sark. The royal court of Jersey and the royal court of Guernsey are presided over by a bailiff who hears cases with other judges (jurats). The court of Alderney consists of jurats appointed by the home secretary. Sark is a dependency of Guernsey and does not have a separate court.

See also ADMIRALTY; ASSIZE; CRIMINAL LAW;

CROWN COURTS; ECCLESIASTICAL COURTS; GRAND JURY; JURY; LAW; MARTIAL LAW; PREROGATIVE, ROYAL;

STAR CHAMBER.

covenant

One strand of REFORMATION theology emphasized the Old Testament idea of a covenant between God and his people. On some occasions this inspired covenants among Protestants against Catholics. In three cases the concept was central to Scottish 17th-century political history.

The SCOTTISH NATIONAL COVENANT (1638), a doc-

ument subscribed to by many Scots, pledged to maintain the true reformed kirk (church). The

SOLEMN LEAGUE AND COVENANT (1643) was the

treaty between ENGLAND and SCOTLAND against

CHARLES I promising to extend the PRESBYTERIAN

church to England and IRELAND. CHARLES II signed the covenant in 1650, perhaps not sincerely but surely adding to the hostility of those purged from the church after his RESTORATION in 1660. The term was also used in the 20th century by opponents of IRISH HOME RULE in NORTH-

ERN IRELAND. They signed the ULSTER COVENANT

in 1911–12, vowing to fight against the separation of Ireland from the UNITED KINGDOM.

Covenanters

The name applied to Scottish PRESBYTERIANs adhering to the COVENANTs of 1638 and 1643, which assured them of their form of church government. With the RESTORATION of 1660 they were outraged at the return of the rule of BISH- OPs, and some resorted to field meetings and armed resistance in the 1660s and 1670s. Their actions brought brutal repression.

See also CAMERON RICHARD; JAMES VII AND II.

Coverdale, Miles (1488–1568) churchman, translator

One of the early English Protestant reformers, Coverdale spent 20 years in exile. He worked from William TYNDALE’s translation of the BIBLE to create an edition that was published in Zurich in 1535. Thomas CROMWELL convinced HENRY VIII to authorize the use of translations, and a revised edition by Coverdale, the “Great Bible,” was printed in 1539.

Cranfield, Lionel (1575–1645) lord treasurer

A merchant who was made surveyor general of the Customs in 1613, Cranfield entered PARLIA- MENT in 1614 and rose to the position of lord treasurer in 1621. In that post he reduced spending, as the royal accounts were already in debt. His actions made a large number of enemies, and he was impeached, found guilty of corruption, and deprived of his offices in 1624.

Cranmer, Thomas (1489–1556) archbishop of Canterbury

A member of the group of churchmen working to gain HENRY VIII’s divorce, Cranmer was well

positioned when ARCHBISHOP of CANTERBURY

William Warham died in 1532 and was selected as his replacement. He annulled the king’s marriage to CATHERINE OF ARAGON (1533) as he later did with Anne BOLEYN (1536). He worked with Thomas CROMWELL to advance the process of reform, which was erratic under Henry VIII but moved more decisively after his death. Cranmer was the principal author of the BOOK OF COMMON PRAYER of 1549 and 1552, and of the 42 (later 39) Articles of Religion (1553). He was put on trial for heresy under MARY I, and although he made several recantations, he later withdrew them and was burned at the stake in 1556.

cricket

Cricket match, 1955 (Hulton/Archive)

but rules were not formulated until the 17th and 18th centuries. Two teams of 11 compete on a field, at the center of which are two wickets, 66 feet apart. The wicket consists of three stumps with wooden cross-pieces called bails. Batsmen from one team face a bowler from the other, whose object is to throw the leather-covered ball and dislodge the bails. The batsmen defend the wicket and attempt to strike the ball far enough to run to the other wicket, scoring a run, before a fielder can dislodge the bails. The sport has spread to many parts of the former empire, and international matches are played with AUS-

TRALIA, NEW ZEALAND, SOUTH AFRICA, the WEST INDIES, INDIA, and PAKISTAN.

Crimean War (1854–1856)

The national sport of England, some form of cricket was probably played in very early times,

In British terms, the “Eastern Question” was a serious 19th-century foreign policy matter.

Would the decaying Ottoman Empire allow the advance of Russian power and influence into the Balkans and the Near East, and what should GREAT BRITAIN and the rest of Europe do to prevent that from happening? The question became urgent in 1853 when Russia occupied two Turkish provinces, claiming to protect the Moldavians and Wallachians from religious persecution. Turkey, with French support, declared war, and Britain entered the conflict months later. Both western powers landed forces on the Crimean peninsula in the Black Sea, aiming at the capture of Sevastopol. Both sides suffered very heavy casualties before the city fell. Meanwhile there were naval battles in the Baltic that destroyed Russian facilities and helped to bring a settlement via the Treaty of Paris (1856).

The war was a dramatic failure in two respects. While the British suffered far fewer deaths than the French or the Russians, at least four times as many men died of disease as were killed in battle. The work of nurses like Florence NIGHTINGALE could barely mitigate the appalling tragedy. As for the military performance, Lord CARDIGAN’s futile “charge of the light brigade” at Balaclava and other examples of poor generalship were fuel for future ARMY reforms. Together these problems brought down the government of Lord ABERDEEN in 1855.

Criminal Appeal, Court of

Created in 1907, this court took over the work done previously by the Court of Crown Cases Reserved, a body created in the 19th century that was the first such court in ENGLAND. Previously there was no criminal appeal, only a writ of error (on matters of LAW) or petition for a royal pardon. The court would hear appeals on questions of law or (with the leave of the court) questions of fact or fact and law. The court could throw out a conviction and change the verdict or the sentence, but it could not order a new trial. Its decisions could be further appealed to the HOUSE OF LORDS. The court was abolished in 1966 when the jurisdiction was transferred to the Court of APPEAL.

criminal law

The traditional system of English criminal justice drew upon notions of royal justice known to the Anglo-Saxons, which were shaped into a centralized system by the Anglo-Norman kings in the 12th and 13th centuries. The major offenses were known as “pleas of the crown,” or acts that violated the king’s peace. Local grand juries were called upon to present criminal charges before royal justices; trials were soon conducted before a petty JURY, after the Lateran Council outlawed the use of the ordeal in 1215. Crimes were classified as treasons, felonies, or misdemeanors (until 1967). An accused person was not allowed to have counsel until 1837, and the judge was expected to be his adviser and protector. But the severity of criminal law, especially the increase in capital crimes in the 18th century, created a movement for reform. In 1842 the death penalty was restricted to the most serious felonies. In 1848 a limited form of appeal was created, but a court of criminal appeal had to wait until 1907.

See also CAPITAL PUNISHMENT; COURTS OF LAW;

GRAND JURY; LAW.

Cripps, Sir Stafford (1889–1952)

Labour politician

A successful barrister before he joined the LABOUR PARTY, Cripps was appointed solicitor general in 1930. He became an ardent socialist, but his advocacy of a “popular front” with the communists led to his expulsion from the party in 1939. During WORLD WAR II he worked as ambassador to Moscow, and he was sent on a mission to INDIA to try to negotiate self-govern- ment. In Clement ATTLEE’s government he served as president of the BOARD OF TRADE and as

CHANCELLOR OF THE EXCHEQUER, where he imple-

mented an austerity program and managed the devaluation of the currency.

crofter

A croft is a small holding in the HIGHLANDS and islands of SCOTLAND. Tenants had been forced into these uneconomical plots near the coast