The municipal law of England is divided into the un written or common law, and the written or statute law. The common law consists of general customs, the par ticular customs of certain parts of the kingdom, and those particular laws which are observed by custom only in certain courts and jurisdictions. The proceedings and determinations in the ordinary courts of justice are di rected by general customs, or the common law, properly so called. Of these customs the judges are deemed the repositories, the judicial decisions of their predecessors being their guides. The written laws of the kingdom consist of those statutes which are made by the king's majesty, by and with the advice and consent of the lord's spiritual and temporal in parliament assembled. If the common law and statute differ, the former gives place to the latter ; and an old statute is superseded by a new one ; but if a statute that repeals another be itself re pealed, the first statute is revived without any formal words for that purpose.
Courts of justice in England, are either such as pos sess general jurisdiction throughout the whole realm, or special jurisdiction only in particular places. Of the former, there are the courts of common law and equity, the ecclesiastical courts, the courts military, and the courts maritime. The court of King's Bench is the supreme court of common law in the kingdom : it is so called, because the Sovereign was understood to judge in person ; and its jurisdiction extends to the whole kingdom, the presiding judge being denominated Lord Chief Justice of England. Besides the chief judge, There are three puisne judges. The authority of this court extends to criminal as well as civil cases ; the latter is called the crown side, the former the plea side, of the court. It is a court of appeal, into which may be re moved all determinations of the court of Common Pleas and of the inferior courts; but from it an appeal lies to the House of Lords, or to the Court of Exchequer. The court of Common Pleas determines all civil actions be tween man and man, as distinguished from " the pleas of the crown ;" which term comprehends all crimes and mis demeanours. In this court there is one chief and three puisne judges. The Court of Exchequer, so termed from the ancient mode of counting upon a chequered board, is a court of law and equity also. It consists of two divisions : the receipt of the exchequer, which manages i the royal revenue, and in which all causes re lating to it are determined ; and the court, or judicial part of it, which is again subdivided into a court of equity and a court of common law. From the equity side of this
court, appeals lie immediately to the House of Peers. The whole number of judges is twelve ; to all of whom, in tricate and important points of law, that may occur in any trial, are referred. They also sit in the House of Lords, in order that they may assist them with their opinion and advice, when that House acts in its judicial capacity. Formerly the judges were dependent on the crown; but his present Majesty began his reign with declaring, " that he looked upon the independence and uprightness of the judges as essential to the impartial administration of justice—as one of the best securities of the rights and liberties of • the subjects—and as most conducive to the honour of the crown." Upon this an act was passed, by which the judges are to be continued in office notwithstanding the demise of the crown ; nor can they be removed, but by a joint ad dress of both Houses of Parliament to the king. The High Court of Chancery is the most important of all the king's civil courts of justice. It has its name from the judge presiding in it, who is styled Lord High Chan cellor, because the highest point in his jurisdiction con sists in cancelling the king's letters patent, when they are granted contrary to law. The Lord Chancellor takes precedency of every temporal lord. By his office he is speaker of the House of Lords. To him belongs the appointment of the justices of the peace throughout the kingdom : and he is patron of all the king's livings un der the yearly value of 20/. in the king's books. He is also the general guardian of all infants, idiots, and lu natics. The Court of Chancery, in which the Lord High Chancellor alone sits, and determines without a jury, judges causes in equity, in order to moderate the rigour of the law, to defend the helpless from oppres sion, and especially to extend relief in cases of accident, fraud, and breach of trust. From this court an appeal lies immediately to the House of Peers, which is the supreme court of judicature in the kingdom. From its decision there can be no farther appeal.
The courts of assize act as auxiliaries to the courts already mentioned: They are composed of two or three commissioners, who are sent round the kingdom twice every year, except in the four northern counties of Northumberland, Durham, Cumberland, and Westmore land, in which the assizes are held only once a year.