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. 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.