COMMON LAW, Corms OF. These are generally divided into superior and inferior. The superior sit at 'Westminster, and hence are often called the courts at 'Westminster. They had the names of the court of queen's bench, the court of common pleas or of common bench, and the court of exchequer. These are all offshoots of the great court, the aula regia of the early Norman kings, which, under the presidency of the chief justiciar. and composed of the great officers of state and of the household, of the prin cipal nobility, and of the justices learned in the law, attended the king's person wher ever he went, and formed the sole superior court of the kingdom. But the inconven ience attending so transitory a judicature led to the demand, conceded in Magna Charta, c. 12, that placita, common pleas, should be held in a fixed place, and hence arose the establishment of the court of that name. Afterwards, under Edward I., the office of chief-justiciar was abolished, and the judicial functions of the aula regia partitioned among the court of chancery and the three courts of C. L. above named. In 1873, the judicature act, 36 and 37 Viet. c. 66, was passed, which rearranged all the superior courts in England, consolidating them into one supreme court of judicature, but having five divisions called the high court of justice. Three of these divisions were called the queen's bench division, the common pleas division, and the exchequer division, respectively. The kind of business dealt with in each division was substan tially the same as under the previous arrangements, the chief difference being the new names of the courts and the principle now common to them all, that thereafter they should administer justice without distinction as to its being theretofore known as com mon law or equity. The former distinctions existing in the jurisdiction of the courts may still be briefly indicated under the head of each court.
1. Court of Queen's Bench.—This court was composed of a chief-justice, who was entitled to the style of chief-justice of England, and five puisne judges or justices. Its peculiar powers lay chiefly in the exercise of supervision over the proceedings of inferior courts and magistrates, to the effect of restraining them from exceeding their jurisdic tion, or of compelling them to perform their duty, and in the control of corporations in the event of illegal procedure, and in criminal jurisdiction.
2. Common Reas.—This court retained exclusive jurisdiction over real actions so long as they existed, but as they have long been abolished in favor of simpler forms which arc equally available in the other courts, it held few peculiar powers. A remnant of its original authority was reserved to it in the disposal of the actions which came in lieu of the old writs of dower to this court (23 and 24 Vict. c. 126, s. 26), and in the rule that certain deeds affecting land must be registered iu the court of common pleas. This court was also by statute the court of appeal from the decisions of the revising barristers (q.v.). It was presided over by a chief-justice, styled "of the common pleas," and there were also five puisne justices.
3. Flechequer.—This court possessed exclusive authority in all matters relating to the revenue. It was at one time a court of equity, as well as of common law, but the equity branch (which was always distinct) was abolished by 5 Viet. c. 5. It was com posed of a chief-baron and 5 puisne.barons.
The chiefs of these courts arc appointed by the crown; the puisne judges by the lord chancellor. The salary of the chief-justice of queen's bench is £8,000; that of tho chief-justice of common pleas, and the chief-baron of exchequer, £7,000; and that of the puisne judges, £5,000 per annum.
The queen's bench used to sit also as a bail court (q.v.). The appeal formerly from these courts was to the exchequer chamber and thence to the house of lords. But now the appeal is to her majesty's court of appeal in the first instance, and thence to the house of lords. This last court of appeal consists of the lord chancellor and the lords of appeal appointed to sit as peers; and it may besides include those peers who hold or have held high judicial offices in England, Scotland, or Ireland.