By the Indian Councils Act 1861 the governor-general's council and also the councils at Madras and Bombay were augmented by the addition of non-official members, either natives or Europeans, for legislative purposes only; and by another act passed in the same year high courts of judicature were constituted out of the existing supreme courts and company's courts at the presidency towns.
In concurrence with the duke's Vogt (advocates) they recognized only one right of judicature within the town, to which nobles as well as artisans had to submit.
The titles of lord chief justice of the common pleas and lord chief baron were abolished by the Judicature Act 1873, and all the common law divisions of the High Court united into the king's bench division, the president of which is the lord chief justice of England.
By the Irish Judicature Act of 1877 it was directed that it should be amalgamated with the Irish High Court of Justice upon the next vacancy in the office of judge, and this subsequently took place.
In the matter of criminal jurisdiction we paused for a moment at the edict of Milan; but we may at once trace this second or civil branch of episcopal judicature or quasi-judicature down as far as the reign of Charlemagne, when it underwent a fundamental change, and became, if either litigant once chose, no longer a matter of consent but of right.
A more complete remedy was introduced by the Judicature Act 1873, which consolidated the courts of law and equity, and ordered that law and equity should be administered concurrently according to the rules contained in the 26th section of the act.
The king and council were proclaimed judges in all cases; preachers were to submit to their judicature when accused of political offences, a standing cause of strife.
In each diocese there had arisen a judicature (judices pacis) to decide when the form had been broken; and an executive, or communitas pacis, had been formed to enforce the decisions of the judicature.
Justice.-The Supreme Court of Judicature is constituted as follows: the court of appeal, which consists of the lord chancellor, the lord chief justice, and the master of the rolls and the chief baron of the exchequer as ex-officio members, and two lords justices of appeal; and the high court of justice which includes (1) the chancery division, composed of the lord chancellor, the master of the rolls and two justices, (2) the king's bench division composed of the lord chief justice, the chief baron of the exchequer and eight justices, and (3) the land commissions with two judicial commissioners.
He had occupied the interval in various literary labours, the most important being the notes he contributed to Theobald's edition of Shakespeare, and an anonymous share in a pamphlet on the jurisdiction of the Court of Chancery, The Legal Judicature in Chancery stated (1727).