cap VII the court of king bench in person king Bracton do make in few word at  notable expression of this court to have king more a court in who to visit act  to set bounds that  and of Pyrrhus to have One not common with others as  kind of bivalve palace justice capital who to appropriate cause palace  terminant another all per complaint well per privilegi sive freedom and soon  after speak of the justice of this court say item justice quidam are capital  general  continuous mayor a late king to sit back who all another  to make straight to hold in an unjust manner wandering and Britton say in  droit of justice and be assign de nous sure tener our lieu or Q nous seons en  Angliterre notam Voilons and eux eiant conusans de amender faux judgement de  terminer appeal auters trespass faitz encounter our peace encounter our  jurisdiction lour record see esteant solonq Ceo and nous manderons per our  breed Fleta in describe this court say to have king senate to sew justice  swine tam soldier how clergyman locum suum to hold in England in person who  non alibi nisi in person he himself council his well listener not general  falsehood judge wandering justice see revertor. to make straight ibidem  now too to set bounds short catalog de appeal other short catalog super act  criminal  in an unjust manner contra peace king illatarum to gain one all in  who to hold together where tunc to be in England in the black book of the  exchequer it be thus say of the chief justice of this court capital crime   Justitia to guard primus in royal power but of these three ancient author we  observe these six conclusion first where Bracton say to have king more senate  in who to visit act to set bounds hereby note this word and in effect by a  Britton and this conclusion follow that the king have commit and distribute  all his whole power of judicature to several court of justice and therefore  the judgement must be therefore to look at closely be per senate and herewith  do agree diverse act of parliament and book case some whereof for illustration  we will brief remember and leave the judicious reader to the rest b  to see in advance concordatum concession be quoth tam mayor how  those inferior in rank the whole of the laws to have To take back in senate  domini king c that the law ecclesiastical and temporal be and yet be  administer adjudge and execute by sundry judge c d Expedit now too magistracy  republic to put because per eos who juredicendo to be before execution rei  take too little be for law in community be nisi to be who to be able jura  to bear about c for the pleasure of God quietness of our subject as to save  our conscience and to keep our oath by the assent of our great man and other  of our Council we have command our justice that they shall from henceforth do  even law and execution of right to all our subject rich and poor without have  regard to any person without let to do right for any letter or commandment  which may come to they from we or from any other or by any other cause  agreeable to that great canon of the law year  Edward which we have translate  into Latin king edge of abyss quad pax sacrosanct church royal power solid  to watch to retain in omnibus quodq the whole of the laws one tam poor man how  rich man to manage no one condition a mask ration see the second part of the  institute west cap I h the king have commit all his power judicial some in one  court and some in another so as if any will render himself to the judgement of  the king in such case where the king have commit all his power judicial to  other such a render shall be to no effect and h the king do judge by his judge  the king have distribute his power judicial to several court and the king have  whole leave matter of judicature accord to his law to his judge and albeit it  be enact that the delinquent shall be fine at the will of the king non dominus  king in camera to sew nec aliter nisi per justice swine that which divides  to place upon haec be will king videlicet per justice law to sew One be  to dedicate the second conclusion be that be those day this court of king  bench do follow the court and therefore Bracton call it kind of bivalve palace  because they sit in the king hall Britton call the justice of this court  justice assign de nous sure and Fleta Ubi tunc to be in England the three be  that it be call the king bench and the plea thereof in person king because in  this court as Bracton say those capital justice to appropriate king cause  terminant and therefore the king himself can be judge in  not common with others cause the four be that under these word to appropriate  cause be include three thing first all plead of the crown as all manner of  treason felony and other plead of the crown which ex salary of pastor be apt  call not common with others cause king because they be placita coronae king  second regular to examine and correct all and all manner of error in fait and  in law of all the judge and justice of the realm in their judgement process  and proceed in court of record and not only in plead of the crown but in all  plead real personal and mix the court of the exchequer except as hereafter  shall appear and this be proprium quarto modus to the king in this court for  regular no other court have the like jurisdiction and therefore may be well  call not common with others cause king and these two be of high and sovereign  jurisdiction a three this court have not only jurisdiction to correct error in  judicial proceed but other error and misdemeanour extrajudicial tend to the  breach of the peace or oppression of the subject or raise of faction  controversy debate or any other manner of misgovernment so that no wrong or  injury either public or private can be do but that this shall be reform or  punish in one court or other by due course of law as if any person be commit  to prison this court upon motion ought to grant a habeas corpus and upon  return of the cause do justice andrelievethepartywronged and this may be do  though the party grieve have no privilege in this court it grant prohibition  to court temporal and ecclesiastical to keep they within their proper  jurisdiction also this court may bail any person for any offence whatsoever  and if a freeman in city burgh or town corporate be disfranchise unjust albeit  he have no privilege in this court yet this court may relieve the party as it  appear in James bag case where above such in like fourthly this court may hold  plea by Writ out of the chancery of all trespass do way arms  of replevins of  quare hinder c b see the second part of the institute the chapter of mag Carta  communia placita non to follow senate our men  five this court have power to  hold plea by bill for debt detinue covenant promise and all other personal  action ejection firm and the like against any that be in custodian mareschalli  or any officer minister or clerk of the court and the reason hereof be for  that if they shall be sue in any other court they shall have the privilege of  this court and lest there shall be a fayler of justice which be so much abhor  in law they shallbeimpleaded here by bill though these action be common plead  and be not restrain by the say Act of magnacarta where above likewise the  officer minister and clerk of this court privilege by law in respect of their  necessary attendance in court may implead other by bill in the action of  foresay and all this appear by Bracton who live when magnacarta be make where  above where he say et another all per complaint well per privilegi sive  freedom and continual experience concur with antiquity herein h p capacity per  complaint trader Flandriae imprisonatus offer lord king Hus Haut in pledge and  to stand recto Hus Haut and to answer prediction trader omnibus other who  versus the dawn to speak uolverint c this plea be after the statute of  magnacarta year  h of these word Hus Haut two French word Hus signify a elder  tree and Haut the staff of a halbert c I leave the conjecture that some have  make thereof to themselves we think it be then common bail change now to do  and Ro and the rather for this word offer and it be observable that then put  in bail at one man suit he be in custodian mareschalli to answer all other  which will see he by bill and this continue to this day if any person be in  custodian mareschalli c be it by commitment or by latitat bill of Mid or other  wooer of law it be sufficient to give the court jurisdiction and the rather  for that the court of common plead be not able to dispatch all the subject  cause if the say action shall be confine only to that court and see none but  sergeant at law can practice in the court of common plead it be necessary that  in this court of king bench apprentice and other counsellor of law may by  experience inable themselves to be call sergeant afterward otherwise sergeant  must want experience which be the life of their profession and the proceed in  that court for so long time under so many honourable judge and reverend sage  of the law have get such a foundation as can now without a Act of parliament  be shake and the error in the king bench can be reverse but in certain  particular action by the statute of Elizabeth cap wherein the jurisdiction of  the court be save but in the high court of parliament as before in the chapter  of the court of parliament appear six if a Writ in a real action be abate by  judgement in the court of common plead and in a Writ of error the judgement be  reverse in this court and the Writ be adjudge good this court shall proceed  upon this Writ and be not restrain by magnacarta where above ne senate domini  king to withdraw in the whole of the laws to hold forth this court may hold  plea in assize of novel seize without any patent for it be complaint and not  placitum and so not within these word communia placita as it have be expound  and warrant by continual experience a to know fac to repeal a patent of the  king may be bring in this court and where Fleta say nisi in person he himself  council his well listener specialib falsehood judge ac wandering justice  see revertor. it be to be know that all the commonlaw error in the court of  exchequer be the proper court of the king for his revenue and profit be  examinable before commissioner appoint by the king Writ under his great seal  which Fleta here call auditor not general but now by the statute of Edward the  chancellor and treasurer take to they the justice and other sage person such  as to they seem to be take shall examine the error in the exchequer c in  ancient time when plead be hold in parliament when the party descend to issue  the record be adjourn into the king bench to be try there see the statute of  west against preposterous hear in this court and the exposition of the same in  the second part of the institute by the statute of Arctic super cart the  chancellor and the justice of the king bench be to follow the court but  notwithstanding both the chancery and the king bench be at this time settle  court during the several term of the year as by infinite record both before  and after this statute do appear so as at this time they do not attend in the  king court but when they be call yet be account as parcel of the king  household as long as they follow the court but this cumbersome attendance  whole cease in the reign of Edward the three and yet the lord chancellor will  have have his purveyance as if he have continue still as one of the household  until he and all other but those of the king queen or prince household only be  restrain by Act of parliament Edward cap also upon perusal of the record in  the reign of Henry the three from the beginning of his reign until the end of  it this court sit in the term time where the other court of justice do sit and  the plead be style to be hold in person king as to this day they be and this  appear by Fitzherbert abridgment in the title of coroner of brief of be c and  by Bracton who in many place vouch judgement in the reign of Henry the three  in term in person king and this appear also in elder time but hereof thus much  shall suffice to prove that at the make of the say Act of Edward and long  before this court in term time sit with the king other court and special for  plea of the crown c and that the say Act be to be intend that the chancellor  and the judge of this court shall attend the king and follow the court when  they be require it be true say that the justice de banc king have supreme  authority the king himself sit there as the law intend they be more then  justice in eire the justice in this court be the sovereign justice of oier and  terminer gaol delivery conservator of the peace c in the realm see the book in  the margin you shall find excellent matter of learning concern the supreme  jurisdiction of this court in this court the king of this realm have sit in  the high bench and the judge of that court on the low bench at his foot but  judicature only belong to the judge of that court and in his presence they  answer all motion c the justice of this court be the sovereign coroner of the  land and therefore where the sheriff and coroner may receive appeal by bill e  strong the justice of this court may do it so high be the authority of this  court that when it come and sit in any county the justice of eire of oier and  terminer gaol delivery they which have conusance c do cease without any write  to they but if any indictment of treason or felony in a foreign county be  remove before certain commissioner of oier and terminer in the county where  this court sit yet they may proceed because this court for that this  indictment be not remove before they can proceed for that offence but if a  indictment be take in Mid in the vacation and after this court sit in the next  term in the same county if this court be adjourn then may special commissioner  of oier and terminer c in the interim proceed upon that indictment but the  more usual way be by special Commission and all this be resolve by all the  judge of England at Winchester term year  James king in the case of sir  Everard Digby and other and so have it be resolve mich Elizabeth in the case  of Arden and somervile for this kind of special Commission of oier and  terminer and herewith agree pl come in the earl of Leic case year  mar queen  and so supreme be the jurisdiction of this court that if any record be remove  into this court it can be as it be in his centre be remand back unless it be  by Act of parliament and this appear by the judgement of the parliament in  year  Henry but by the authority of that Act indictment of felony and murder  remove into the king bench may by the justice of that court be remand and this  court may send down as well the body of all felon and murderer as their  indictment into the county where the same murder or felony be commit or do c  in such manner c as if the indictment have not be bring into the king bench  but the justice of the king bench of their own authority may grant a nisi  prius in case of treason felony and other plead for there they send but the  transcript of the record and not the record it self as shall be say in the  chapter of justice of nisi prius but if the justice of the king bench do  perceive that any indictment be to be remove into that court by practice or  for delay the court may refuse to receive the same before it be enter of  record and remand the same back again for justice to be do by the statute of  Henry the clerk of the crown of this court iffourscore or a hundred man be  indict of felony or trespass of one felony or one trespass and they plead to a  issue as not guilty the say clerk ought not to take for the venire fac nor for  the enter of the plea but two shilling only and not two shilling for every one  which Act be make in affirmance of the commonlaw so if one man be indict of  two several felony or trespass and be acquire he shall pay but for one  deliverance demarcation justice be a king jurisdiction yes of order a lege out  of this court be other court derive as from one fountain several spring and  river in respect of the multiplicity of cause whichhaveincreased jurisdiction  this curiae be primitive seu of order non refer to the justice of this court  have no Commission letter patent or other mean to hold plead c but their power  be original and ordinary they be call ancient justiciae justice locum to hold  domini king c the chief justice Justitia England Justitia prima justice  England justice England capital crime  and justice our capital crime  and  placita in person we terminand to observe the change of these name and the  reason and change thereof be worthy of observation before the reign of Edward  the first the chief justice of this court be create by letter patent and the  from thereof take one example for all be in these word king c archbishop  bishop abbot earlier times comrade baron viscount Forestariis omnibus other  trusty royal power England health come pro conservation our men   transquillitatis royal power our men  and the whole of the laws whole world  one de royal power our men  to hold forth to put selection et trusty nostrum  the battle of Philippi Basset justice England Interrog. we to please  of the head capital crime  Justiciatius England thou mandamus in faith how we  to hold really injungent quatenus in omnibus who and duty justice prediction  nec non and preservation peace our men  et royal power our men  the same dumb  in duty prediction to stand abundantly thirst to stretch out testae king c  herein thing be to be observe that the creation of his office be by letter  patent that this officer be original institute for three thing pro  conservation our men  this be the original jurisdiction of this court  quietness royal power our men  and the whole of the laws whole world one de  royal power our men  to hold forth the three thing to be observe be that he be  justice Anglix capital crime  that Philip Basset be constitute chief justice  of England and after make knight for he be not knight at the make of the  letter patent this Philip be of well by in the county of Northampton be  excellent learned in the law of the realm he be young brother of baron Bassett  of drayton Basset in the county of staff that he be constitute Interrog. we  to please last the clause of attendance and the person that be to give  attendance c to he be very remarkable this Philip Basset be the last of this  kind of creation by any like letter patent and he die chief justice near to  the end of the reign of Henry the three king Edward the first be a wise and  prudent prince know that who plus although how par be plus vult how although  as most of these top justice do make three alteration by limitation of his  authority by change uppermost justice to capital crime  justice by a new kind  of creation videlicet by Writ lest if he have continue his former manner of  creation he may have have a desire of his former authority which three do  express appear by the Writ yet in use videlicet king c e c military spirit  health to know quoth to put thou justice nostrum of the head and placita  in person we to hold durante pleasure our men  testae c which writ be call  breve do in few word comprehend the substance of the former letter patent for  capital crime  justice our and and placita in person we to hold include all  that which be true intend to be grant to he in the former letter patent which  alteration be make by authority of parliament though not now extant for it be  a rule in law that ancient office must be grant in such from and in such  manner as they have use to be unless the alteration be by authority of  parliament and continual experience approve that for many succession of age  without intermission they have be and yet be call by the say writ et good law  interpreter custom but after the say alteration videlicet in year  Edward  reginaldus de grey be style justice England and he be in legal proceed call  capital crime  justice our when his patent be capital crime  justice England  we have see a fine in these word haec be finalis concurrence agreement fanctam  in senate domini king at Westminster a die consecrated michaelis in tres  soldiers  year  royal power king Henry son king John in person lord Huberto de  Burgo of to head justiciario England other domini king trusty tunc there  present circumstance a in the writ de a human being replegiand he which be  former call capital crime  justice England be call capital crime  justice our  and sometime cap justice king the style of this court of king bench be England  in the margin and in diverse act of parliament he be call chief justice of  England Henry cap Henry cap Edward cap Edward cap the chief justice in Ireland  be call capital crime  justiciar Scotland at this day pasch Edward the plead  in this court be in person king then be style thus placita in person locum  domini king to hold c therefore go for sale ind to swear falsely in person  king well he locum to hold Paschae c within which word all the judge of the  king bench be include b year  domini in the abbey of Ramsey this epitaph be  ingraden c d Ailivinus celebrated king Edgari cognatus all England Aldermannus  c who be without question chief justice of all England Inter law Aluredi cap  he be call Cyninger ealdorman I king Aldermannus sive senator five ludex vide  cap et inter law Edovardi can the rest of the judge of the king bench have  their office by letter patent in these word king omnibus and quos  present circumstance litter to come up health to know quoth to put selection  trusty Johan Doderidge soldier One justice and placita in person we to hold  durante pleasure our men  testae c these justice of the king bench be style  capital of a species continuous mayor a late king to sit back but the chief  justice be only call by the king capital crime  justice our they be call  capital in respect of their supreme jurisdiction of a species in respect of  their general jurisdiction throughout all England c continuous for that they  ought not to be remove without just cause mayor a late king to sit back for  their honour and safety that they shall be protect by the king in  administration of justice for that they be a late king and where in Edward it  be hold by all the justice in the exchequer chamber that a man can be justice  by Writ but by patent or Commission it be to be understand of all the judge  save the chief justice of this court but both the chief justice and the rest  of the judge may be discharge by Writ under the great seal none can be a judge  of this court unless he be a sergeant of the degree of the coif and yet in the  Writ or patent to they make they be not nam sergeant if a Writ be returnable  in person justice our men  at Westminster it shall be return in the common  place but if it be returnable in this court it must be in person we wherever  to be in England see the second part of the institute mag cart cap and the  exposition upon the same in former time some ill dispose clerk of this court  because they can have no original writ out of the chancery for debt returnable  into this court they will sue out a original action of trespass a mere feign  action returnable into this court and so proceed to exigent where in truth the  cause of action be for debt and when the defendant appear c all the former  proceed be wave and a bill file for the defendant for debt this be a unjust  practice in derogation of the dignity and honour of this court and worthy of  severe punishment accord to the statute of west c when it be find out vide in  the chapter of the court of common plea in the end thereof now that we may  here say somewhat to a vulgar objection of the multiplication of suit  multiplication of suit in law both in this court and other of his majesty  court at Westminster more then have be in the reign of Edward Richard Henry  Henry Henry Edward and r it be to be observe that there be six cause of the  increase of they whereof two be general the other four particular the general  be peace peace and plenty the particular the dissolution of so many monastery  plenty chantry c and the disperse of they into so many several hand the swarm  of informer the number of concealers the multitude of attorney dissolution of  monastery c informer concealers attorney for the first general in the reign of  Edward Richard Henry Henry and part of the reign of Henry in respect of the  war in France c and in the residue of the reign of Henry and in the reign of  Edward in respect of the bloody and intestine war and in almost continual  alarm within the bowel of this kingdom between the house of Lancaster and York  there can not be so many suit in law as since this kingdom have enjoy peace  which be the first general cause Concordia little res to come into being  exopulentialiter peace be the mother of plenty which be the second general  cause and plenty the nurse of suit in particular by the dissolution of  monastery chantry c and disperse of they c upon the statute make concern the  same there be such a confluence of ecclesiastical possession there arise many  question and doubt whereupon suit be great increase informer and relator raise  many suit byinformations writ c in the king court at Westminster upon penal  statute many whereof be obsolete inconvenient and not fit for those day and  yet remain as snare upon the subject so as the subject may just say with  Tacitus prius fault to labor nunc law concealers glutton that endeavour to  swallow up cathedral church and the ecclesiastical possession of churchman  possession of monast and chantry c and the live of many other of the king  subject last the multitude of attorney more then be limit by law be a great  cause of increase of suit diminution of suit but now on the other side to show  what great hope there be that suit in law shall decrease for that in effect  all the particular cause of the increase of they be take away which we have  think good to remember b for the first the statute of Elizabeth cap have  remedy part but the statute of James can have give a plenary salve for the  whole mischief whereof you may read at large in the three part of the  institute cap against concealers concealers full of confusion man genus for  the second by the statute of James cap informer information c upon penal  statute be to be hear and determine in their proper county and not in the  court at Westminster whereby the vexatious swarm of informer who be best trust  where they be least know be banish and turn again to their former occupation  concern attorney the number be set down attorney and that they ought to be  learned and virtuous and as I understand the judge at this time have this  matter in consideration but beside these there be some other statute make for  avoid and decrease of vexatious suit as a Act in James king cap for limitation  of action and avoid suit in law a good and beneficial law another Act at the  same parliament cap for the further reformation of Jeo fail a good law for end  of suit another at the same parliament cap to prevent and punish abuse in  procure of process of supersedeas of the peace and good behaviour out of his  majesty court at Westminster c whereby infinite vexatious trouble and charge  of the subject be prevent another at the same parliament can for avoid of  vexation delay in cause by remove of action and suit out of inferior court  wherein the former abuse be vexatious grievous and Chargeable to the subject a  branch of a Act at the same parliament cap for plead of tender of amends in a  action of trespass quare clause to break in pieces for a trespass by  negligence or involuntary wherein the defendant make no title c a excellent  and necessary law for avoid of trifle and vexatious suit especial in champion  country a Act at the same parliament cap against monopoly and new project c a  great quiet for the time to come year  caroli king nunc cap the petition of  right concern the right and liberty of all the subject of this realm for their  repose and quiet last the repeal of so many obsolete penal statute be a great  mean of diminution of suit for the abovesaid general cause videlicet peace and  plenty long may they happy by the goodness of God continue without abuse  within this realm the king bench have authority for great misprision and  offence to adjudge and inflict corporal punishment as pillory paper and the  like whereof you may read many precedent in the three part of the institute  page