This court keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings, to be determined there, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires of them, in every case where there is no other specific remedy. It protects the li berty of the subject by speedy and summary interposi tion. It takes cognizance both of criminal and civil causes ; the former, in what is called the crown side, or crown office, the latter in the plea side of the court. But on the plea side, or civil branch, it has an origi nal jurisdiction and cognizance of all actions of tres pass, or other injury alleged to be committed " vi et armis ;" of actions for forgery of deeds, maintenance, conspiracy, deceit, and actions on the case, which allege any falsity or fraud ; but no action of debt, or detinue, or other mere civil action, can, by common law, be prose cuted by any subject in this court by original writ out of chancery ; though an action of debt given by statute, may be brought in the King's Bench as well as in the Common Pleas.
This is also a court of appeal, into which may be re moved, by writ of error, all determinations of the court of Common Pleas, and of all inferior courts of record in England, and to which also a writ of error lies from the court of King's Bench in Ireland. Yet even this is not the dernier resort of the subject, for if he is not satisfied, he may remove his suit by writ of error into the House of Lords or Court of Exchequer, according to the na ture of it.
9. The Court of Exchequer is inferior in rank, not only to the court of King's Bench, but to the Common Pleas also ; hut is an ancient court of record, of law, and equi ty. The preliminary business of this court was to bring actions to recover debts due to the crown ; but as by a fiction almost all sorts of civil actions are now allowed to be brought in the King's Bench, in like manner, by another fiction, all kinds of personal suits may be prose cuted in the Court of Exchequer.
10. The High Court of Chancery, in which the lord chancellor presides, consists, like the court of exchequer, of two distinct tribunals ; the one ordinary, being a court of common law ; the other extraordinary, being a court of equity. This latter court is now become the court ol the greatest judicial consequence ; and from this court ofequity, as from the other superior courts, an ap peal lies to the House of Peers. But there are these differences between appeals from a court of equity, and writs of error from a court of law, 1. That the former may be brought upon any interlocutory matter ; the latter upon nothing but a definitive judgment. 2. That on writs of error, the House of Lords pronounces the judgment ; on appeals, it gives direction to the court below to rectify its own decree.
II, The Court of Exchequer Chamber, has no origi nal jurisdiction, but is only a court of appeal, to correct the errors of other jurisdictions, and to determine causes by writs of error from the common law side of the Court of Exchequer. From all the branches of this court a writ of error lies to, 12. The House of Peers, which is the supreme court of judicature in the kingdom, to rectify any injustice of the law committed by the courts below, and in all dubious cases referring themselves to the opinion of the judges, who arc summoned by wr it to advise them.
13. The courts of assize and nisi Arius are composed of two or more commissioners, who are sent twice in every year round the kingdom (except London and Middlesex, where courts of nisi Arius or sittings are holden in and af ter every term, before the chief or other judges of the se veral superior courts, and excepting the lour northern counties, where the assizes arc holden once a year,) to try by a jury of the respective counties the truth of such mat ters of fact as are then under dispute in the courts of West minster-Hall. They usually make their circuits in the re spective vacations after Hilary and Trinity terms.
14. Ecclesiastical courts (which were separated from the temporal courts by William the Conqueror,) or courts Christian, are, 1. The court of the arch-deacon, which is the lowest court in the whole ecclesiastical polity ; from whence an appeal lies to that of the bishops. 2. The court of the bishops' consistory, which is held in their several cathedrals, for the trial of all ecclesiastical causes arising within their respective dioceses ; whence an appeal lies to the archbishop of each province respectively. 3. The court of arches, which is a court of appeal belonging to the arch bishop of Canterbury ; whence an appeal lies to the king in chancery (that is, to a court of delegates appointed un der the king's great seal) as supreme head of the church. 4. The court of peculiars, which is a branch of and annex ed to the court of arches ; whence also an appeal lies to the king in chancery. 5. The prerogative court, which is established for trial of all testamentary causes, where the deceased has left bona notabilia within two different dio ceses ; the judge is called the judge of the prerogative court, from whom an appeal lies to the king in chancery. 6. The court of delegates (judices delegati) which is the great court of appeal in all ecclesiastical causes, appointed by the king's commission under his great seal, and issuing out of chancery, to represent his royal person, and hear all appeals made to him. 7. A commission of review, which is a commission sometimes granted in extraordinary cases, to revise the sentence of the court of delegates.