By a SOCIETY of GENTLEMEN of the MIDDLE TEMPLE. LONDON: Printed by W. STRAHAN, and M. WOODFALL, Law-Printers And Sold by G. KEARSLY, at No. 46, oppofite Fetter-Lane in Fleet- THE Practice of the Court of King's Bench. Origin and Jurifdiction of the Court. UT of this court all the other courts of law were originally formed. In the time of the Saxons and Danes our Kings held a court of justice, wherein they used to fit in perfon; but as petitions and appeals became numerous and burthenfome to the Prince, it was found neceffary to appoint fome perfon to adminifter juftice to the fubject, in whom the whole power not only of the Chief Juftice of the King's Bench, but likewife of the Common Pleas and Exchequer centered, till the reign of Richard II, who conftituted two other juftices, one of the north, and the other of the fouth part of England, notwithstanding which, the original justice continued to bear the ftile of Chief Fufice of England. The court wherein he fat was part of the King's palace, and was by ftat. 28th Edward I. to follow the King. Here all differences between the barons and other great men of the kingdom were heard and determined, and all caufes, as well concerning Common Pleas, as Pleas of the Crown; but matters of an inferior nature between subject and fubject were usually determined in the county and hundred courts. The Common Pleas being fevered from the Court of King's Bench, by the great charter granted by Henry III. became the bufinefs of a diftinct court; and in confequence thereof the ftile of Chief Justice of England was altered to that of Chief Juftice of our Court held before us. The courts being thus feparated, the King's Bench was now exercifed in criminal matters and Pleas of the Crown. However, notwithftanding this ftatute, as the jurifdiction of the Court of Common Pleas was founded on original writ out of Chancery, and it foon acquired a multiplicity of bufinefs, and great profit, this court, in order to hold plea of civil actions, alfo claimed a right to hold pleas of actions of Trefpafs on the Cafe by the like original writ, made returnable therein, all trefpafs being against the peace. In order to take cognizance of debt, in time it became the practice of the court to file a bill against the defendant, fuggefting him to be already in the cuftody of the marfhal of the King's houfhold, whereby the plaintiff had liberty to de. *B clare |
