Exchequer having been the place
where those causes were heard, and
not any other peculiar Court, untill
the Confirmation of the great Charter
at soonest, which was about the lat∣ter
end of King Iohns reign, as is evi∣dent,
not only from those authorities,
which I have cited in my discourse
of that Court; which shew that the
Chief Iustice of England, and other
persons learned in the Laws of this
Realm, did antiently sit there, and
hear complaints in Cases Civil; as
also that Fines were then and there
levied before them; but from the di∣rect
words of the Statute of 28 E. 1.
(called Articuli super Cartas) cap. 4.
viz. that No Common Plea shall be
henceforth held in the Exchequer,
contrary to the form of the great
Charter.
And as the severing of this Court
from the Exchequer, was at first, no
doubt, occasioned from the great in∣crease
of Suters and Causes thereto:
so questionless was it, that, for mo∣derating
the expence and trouble un∣to
which the Subject was exposed by
repairing to the Kings supreme
Court, where ever he moved; and
for taking off the chardge and ha∣zard
in carrying the Records upon all
occasions of the Kings removal, this
Law for fixing the Common Pleas in a
certain place (viz. at UUestm.) was
first made; to the end, that the peo∣ple
might be sure, whither to resort
for tryal of their rights: After which
time the Writs ran thus;—quod
sit coram Iusticiariis meis apud West∣monasterium:
whereas before—
quod sit coram me vel Iusticiâ meâ.
The jurisdiction of this Court
Bracton doth in a few words thus
describe,
—Habet etiam Rex Curiam & Iu∣sticiarios
in Banco residentes, qui cognos∣cunt
de omnibus placitis, de quibus au∣thoritatem
habent recognoscendi: Et
sine warranto jurisdictionem non habent,
nec coertionem:
The first, who had the appellation
of Capitalis Iusticiarius in this Court,
(that I have ever observed) was Gil∣bert
de Preston, who by that title had
his livery of Robes in 1 E. 1.
It seems, that the certain fixing of
this Court at Westm. occasioned
much more resort thereto than be∣fore;
for about the beginning of
King Edward the seconds reign, there
were so many sutes therein; as that the
King was necessitated to increase the
number of his Iustices, who were to
sit there, unto six, which commonly
were not above three before that
time: and so to divide them as they
might sit in two places—Et covient,
saith the Record, que taunz ysoient,
pur ceo q'il covent aver deus places pour
le multitude des plez, que plus est ore
que unques ne fust en nuly temps: the
names of which six were these, Sire
William de Bereford Chief Iustice, Sir
Lambert de Trikingham, Sir Hervy de
Staunton, Sir Henry le Scrope, Sir Iohn
de Benstede, and Sir William de Bourne
(as I have also in my Chronologick
Tables exprest.)
How long they thus sate in two
places, I cannot say: but certain it is,
that the number of them was after∣wards
increased; for within three
years following (viz. in 6 Edw. 2.)
there were seaven, though no more
than six in any year afterwards of
that Kings reign: no nor in King Ed∣ward
the thirds till 7 E. 3. and then
seaven again: but in 11 and 12 E. 3.
eight; viz. Iohn de Stonore, Will. de
Shareshull, Iohn Inge, Iohn de Sharde∣low,
Ric. de Aldeburgh, Roger Hillary,
Will. Scot, and Will. Basset: And in
Trinity Term 14 Edw. 3. these nine;
viz. Iohn de Stonore, Will. de Shareshull,
Iohn Inge, Will. de Shardelowe, Ric. de
Aldeburgh, Roger Hillary, Will. Basset,
Iames de Wodestoke, and Robert Par∣nyng,
as by the Fines then levied be∣fore
them appeareth.
Howbeit after that, there were
never so many; there being, for the
greatest part of the same Kings and
King Richard the seconds reign, but
five: and so till 1 Henr. 6. that they
were again increast to seaven: But
that number held not; for after,
there were seldome more than five
till 27 H. 6. then six, and so the two
ensuing years: In 29 and after, till
32. seaven; and then eight. In 33 and
after, seaven: So also for a good part
of King Edward the fourths time;
but towards the end of his reign no