They had virtually no authority over laymen. They
could still punish heresy, but lost jurisdiction over the law of
libel and slander, which then were transformed by the civil
courts, and over prostitution and scandalous lewdness. Local
ordinances for suppression of brothels, which were run by madams,
were founded on breach of the peace. In 1678, the death sentence
was taken away from the church courts. In 1697, church sanctuary
was abolished.
The county courts faded into insignificance, as the Justices of
the Peace took on more jurisdiction.
In 1668, new justices were issued patents with "at pleasure"
instead of "during good behavior" describing their tenure. Charles
II and James II frequently dismissed justices not favorably
disposed to the Crown. In 1697, they were to have fixed salaries
instead of the profits of justice. By statute of 1701, justices'
commissions were to be made with an established salary determined
by Parliament and a tenure to last during good behavior. They
could be removed only by the address of both Houses of Parliament.
This gave them independence from the king. Their tenure lasted for
the life of the monarch.
The chief justice could empower persons by commission to take
affidavits from people in the country for court proceedings in
Westminster.
Judgments were docketed so they could easily be found e.g. by
heirs, executors, administrators, purchasers, and mortgagees.
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