The rigid writs with specific forms of action for common law cases
start to fall into disuse. Later, trespass on the case bifurcates
into misdemeanor and the tort of trespass.
Persons in prison on suspicion of treason could not be released on
bail as of 1688.
If one of several defendants of a case was acquitted, all
defendants recovered their costs from the plaintiffs. A person
found guilty of malicious prosecution recovered his costs from
his accuser.
Mercantile cases were decided in light of mercantile custom rather
than according to the strict rules of the common law.
Merchants and traders could settle their trade disputes by
arbitration, which decision could be enforced by court order.
After the Restoration, all legal decisions of the Commonwealth and
Protectorate were confirmed subject to a right of appeal.
The Star Chamber was not restored, and Parliament assumed its
control of the press. The King's Bench succeeded to most of the
Star Chamber's jurisdiction. No longer could the Privy Council
influence criminal cases and the general supervision of legal
processes through the Star Chamber.
The High Commission court was not restored, but church courts
were, but with depleted powers. They accepted subordination to the
common law courts. Because the church's administration was
inefficient and corrupt and its punishments inadequate, they
gradually lost their power to the common law justices and Justices
of the Peace.
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