The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...

Of the Court of Justice called the Kings-Bench.

FOr the Execution of Laws, after the House of Lords in Parliament, the highest Court in England is the Kings Bench so called, because anciently the King sometimes there sate in person on a high Bench, and his Judges on a low Bench at his Feet, to whom the Judicature be∣longs in the absence of the King.

In this Court are handled the Pleas of the Crown, all things that concern loss of life, or member of any Subject; for then the King is concerned, because the Life and Limbs of the Subject belong only to the King, so that the Pleas here are between the King and the Subject. Here are also handled all Treasons, Felonies, Breach of Peace, Oppression, Misgovernment, &c. This Court moreover hath power to exa∣mine and correct all Errors in facto & in ju∣re of all the Judges and Justices of Eng∣land in their Judgements and Proceedings, and this not only in Pleas of the Crown, but in all Pleas Real, Personal, and mixt, except only in the Exchequer.

In this High Court sit commonly Four Grave Reverend Judges, whereof the First is stiled the Lord Chief Justice of the Kings Bench, and is created not by Patent, but

by a short Writ, thus, Johanni Keeling Mi∣liti salutem. Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda, durante beneplacito nostro. Teste me ipso apud Westm.

The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words, Rex omnibus ad quos prae∣sentes literae pervenirint salutem. Sciatis quod constituimus dilectum & fidelem Ri∣chardum Rainsford Militem, unum Justi∣ciariorum ad placita coram nobis tenenda, durante beneplacito nostro. Teste, &c.

These Judges and all the Officers be∣longing to this Court have all Salaries from the King, and the chief of them have Robes and Liveries out of the great Ward∣robe.

In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice.

This Court may grant Prohibitions to keep other Courts, both Ecclesiastical and Temporal within their Bounds and due Ju∣risdiction.

The Jurisdiction of this Court is general, and extendeth to all England, is more un∣controulable than any other Court; for the Law presumes that the King is alwayes there in person.

None may be Judge in this Court, un∣less he be a Serjeant of the Degree of the Coif, that is a Serjeant at Law, who up∣on taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after.