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Kings Bench

court, law and supreme

KING'S BENCH, Court of, (Bancus regius,) is the supreme court of common law in England. It is called the King's Bench, because the king used to sit there in person, and is still supposed to do so. This court consists chief justice, and three puiane justices ; who arc, by their office, the sovereign conservators of the peace, and supreme coroners of the land.

The Court of King's Bench is the remnant of the Aula Regia ; and although it hath, for some centuries past, usually sat at lVestminster, yet it is not fixed to any cer tain place, but may follow the King's court wherever it goes ; for which reason, all process issuing out of this court is returnable " ubicunque fuerimus in Anglia And we find that, during the reign of Edward I. it actually sate at Roxburgh.

The jurisdiction of this court is very high and transcen dent. It keeps all inferior jurisdictions within the bounds of their authority ; superintends all civil corporations in the kingdom; commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy; protects the liberty of the subject by speedy and summary interposition ; and takes cognizance both of criminal and civil causes; the former in what is called the crown-sidc, or crown office; the latter, in the plea•side of the court. It has an original jurisdiction and

cognizance of all trespasses, and other injuries, alleged to have been committed vi et armis ; and by a fiction of law, whereby it is surmised that the defendant is arrested for a supposed trespass, which, in reality, he has never commit ted, it has for ages held pleas of all personal actions what soever.

This court is likewise a court of appeal, into which may be removed, by writ of error, all determinations of the court of common pleas, and of all inferior courts of record. An appeal also lies from this court to the House of Lords, or the Court of Exchequer Chamber, according to the nature of the suit, and the mode in which it has been prosecuted. Blackstone's Comment. B. iii. ch. 4. and Jacob's Law. Diet.