In 1610, Edward Coke, Chief Justice of the Court of Common Pleas,
decided that the statute giving the Royal College of Physicians
power to imprison and fine those practicing without a license was
invalid and unenforceable because it gave the college half of each
fine awarded, which was a conflict of interest with its role as an
adjudicator. Coke said that a maxim of the common law was that no
man ought to be judge in his own cause. By this decision, he
asserted a court supremacy over Parliament with respect to the
validity of statutes. He opined that the courts should not only be
independent of the Crown, but should act as arbiter of the
Constitution to decide all disputed questions. In his words, "When
an Act of Parliament is against common right and reason, the
common law will control it and adjudge such Act to be void."
Justices still explained and in some degree interpreted
legislative acts of Parliament as they had since the 1500s, but
their right to do so was coming into question and was slowly lost.
Female scolds were still dunked into water as punishment.
Only barristers, who were called to the bar after being in long
residence in one of the Inns of Court, could practice before the
King's court. Attorneys and solicitors prepared cases for
barristers and practiced before minor courts.
The king appointed the justices, with the advice of the
Chancellor.
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