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Cap. XVII. (Book 17)
The King-Bench Court.* 1.1 (Book 17)
THis was antiently called Curia domini Regis, because often times the King himself sate here in person, and had his Iustices à latere suo resi∣dentes, as Bractona 1.2 expresseth; name∣ly the Chief Iustice, Chancellour and others, with the Constable and Mar∣shall.
Here ought Criminal Actions to be determined—ubi terminari de∣beant Actiones Criminales, vel placita, videadum est, saith the same Author: b 1.3 Et sciendum, quod si Actiones Crimi∣nales sint, in Curiâ domini Regis debent terminari, cum sit ibi poena corporalis in∣fligenda; & hoc coram ipso Rege, si tangat personam suam; sicut Crimen lae∣sae majestatis; vel coram Iusticiariis ad hoc spectaliter assignatis, si tangunt per∣sonas privatas.
And of the Iustices that sit here, he addethc 1.4—quidam sunt Capita∣les, generales, perpetui, & majores, à latere Regis residentes, qui omnium alio∣rum corrigere tenentur injurias & er∣rores.
Though this Court, in those elder times, was not so certainly fixed as that of the Common-Pleas, I do not think it was often moved till after the 28th. year of King Edw. the firsts reign, that by the Statute,d 1.5 called Articuli super Cartas, it was enacted; that the Chancellor and Iustices of his Bench should follow him; so that he might at all times have neer unto him some, who were learned in the Laws, that might be able duly to order all such matters, as might come unto the Court at all times when need should require.
For before that time, viz. in 42 H. 3. the King, whose removal to several of his Palaces was frequent (as our publick Records do plainly thew) appointed it to be held at Westm. till he should otherwise de∣termine, as by his speciale 1.6 Commis∣sion to Roger de Thurkelby, Gilbert de Preston, and Nicholas Handlo ap∣peareth.
And soon after took their Oaths in the Exchequer,* 1.7 before the Lord Treasurer (as it seems) for in 1 E. 2. Roger le Brabazon, and the rest of his fellow Iustices of this Court, then constituted, being appointed to do the like, the Recordf 1.8 addeth, prout moris est.
The first who had the office of Ca∣pitalis Iusticiarius ad placita coram Rege tenenda, was Robert de Bruis, constitu∣tedg 1.9 8 Martii 52 H. 3. the title of Iusticiarius Angliae having an end in Philip Basset, who was advancedh 1.10 to that place by the King in 45 H. 3.
In the 17 of Edw. 2. Hervie de Staunton, then Chancellour of the Exchequer, was constituted Chief-Iustice of this Court; with com∣mand, thati 1.11 he should not quit that office of Chancellour, but cause it to be executed by some other fit person, at such times as he should be necessi∣tated to attend the hearing of Causes in this place.
It is reported, that Iohn Whiddon a Iustice of this Court in 1 Mariae, was the first of the Iudges, who rode to UUestminster-Hall on an Horse or Gelding; for before that time they rode on Mules.