K I N 
.KIN 
original charter is preferved in Rytner's Foedera: and in 
the" 3 eleventh year of Charles I. when that monarch was 
petitioned to grant a new patent to the profeffors of the 
art and fcience of mufic, the form of that which had been 
from Edward IV. was made the ground-work of the new 
charter. The cuftom of prefenting (fate-muficians with fu- 
perb and expenfive dreffes during the fourteenth century, 
teems to have travelled into England from the continent, 
and to have continued here till after the eftablifhmer.t of 
the king’s band of four-and-twenty performers ; part of 
their prefent falary being ftill paid at the wardrobe-office, 
ns an equivalent for the annual drefs with which they ufed 
to be furniffied at his majefty’s expence. The children of 
the king’s chapel ftill continue to wear the fcarlet uniform 
of the original eftablilhment. And the waits, or mufi- 
cians who attend the mayor and aldermen of our cities and 
incorporate boroughs, are ftill furnifhed with lplendid 
cloaks. 
KING’S BAY, a bay on the fouth-eaft coaft of Nova 
•'acotia. Lat. 44. 32. N. Ion. 59. 10. W. 
KING’S BENCH, [Bancus Regius, Lat. from hanca, Sax. 
a bench or form.] The Supreme Court of Common Law 
in the kingdom ; and fo called becaufe the king ufed 
formerly to fit there in perfon, the ftyle of the court ftill 
being coram ipfo rege, “ before the king himfelf.” During 
the reign of a queen, it is called the Queen s Bench ; and un¬ 
der the ufurpation in Cromwell’s time, it was Ityled the 
Upper Bench. 
This court confifts of a chief juftice, and three puifne 
judges, formerly, according to Fortefcue, four or five. 
Thefe judges are, by their office, the fovereign conferva- 
tors of the peace, and fupreme coroners of the land. 
Yet, though the king ufed himfelf to fit in this court, and 
ftill is fuppofed fo to do ; he did not, neither by law is he 
empowered to, determine any caufe or motion, but by the 
mouth of his judges, to whom he has committed his whole 
judicial authority. 4 Injl. 71. It has been faid, that king 
Henry III. fat in perfon with the juftices in the K. B. fe- 
veral times, being feated on a high bench, and the judges 
on a lower one at his feet: this, however, is a doubtful 
point. King Edward IV. fat three days in the fecond 
year of his reign, folely to fee, as he was young, the 
form of adminiftering juftice. King James I. it is alfo 
faid, fat there for a fimilar reafon. 
This court, which is the remnant of the ancient Aula 
Regia, is not, nor can it be, from the very nature and con- 
ftitution of it, fixed to any certain place, but may follow 
the king’s perfon wherever he goes. See flat. 28 Eliz. 3. 
c. 5. For which reafon all procefs iffuing out of this 
court in the king’s name is returnable, “.Uhicunque fuerimus 
in Anglia ; Wherel'oever we fhall then be in England.” 
It hath, indeed, for fome centuries paft, ufua'ly fat at 
Weftminfter, and at Guildhall, London ; but might remove 
with the king to York or Exeter, if he thought proper to 
command it. And we find, that, after Edward I. had con¬ 
quered Scotland, it actually fat at Roxburgh. And this 
moveable quality, as well as its dignity and power, are 
fully expreffed by Brafton, when he fays, that the juftices 
of this court are capitalcs, generates, perpetv.i, ct majores ; a. 
latere regis ref dentes-, qui omnium aliorum corrigere tenentur in- 
jurias ct errores. And it is moreover efpecially provided 
for in the Articula fuper cartas, 28 Edw. I. c. 5. 
Towards the latter end of the Norman period, the Aula 
Regis, which was before one great court where the juf- 
ticiar prefided, was divided into four diltinft courts : i. e. 
the Court of Chancery, King’s Bench, Common Pleas, 
and Exchequer. Madox, c. 19. 
The jurifdiftion of this court is verj r high and tranf- 
cendant. It keeps all inferior jurifdiftions within the 
bounds of their authority, and may either remove their 
proceedings to be determined here, or prohibit their pro- 
grefs below. It fuperintends all civil corporations in the 
kingdom. It commands magiftrates and others to do 
what their duty requires, in every cafe where there is no 
®ther fpec’fic.remedy. It protest's the liberty of the fub- 
Vql. XI. No. 791. 
741 
jeflby fpeedyand fummary interpofition. It takes cogni¬ 
zance both of criminal and civil caufes : the former, in 
what is called the crown-fide, or crown-office ; the latter in 
the plea-fide of the court. 3 Comm. c. 4. 
On the crown-fide, that is, in the crown-office, this 
court takes cognizance of all criminal caufes, from high 
treafon down to the moll trivial mifdemeanor or breach of 
the peace. Into this court alfo indictments from all infe¬ 
rior courts may be removed by writ of certiorari, and tried 
either at bar, or at nifv prius, by a jury of the county 
out of which the indidfment is brought. This court is 
the principal court of criminal jurifdiftion known to the 
laws of England. For which reafon, by the coming of 
the Court of King’s Bench into any county, (as it was 
removed to Oxford on account of the ficknefs in 1665,) 
all former commiffions of oyer and terminer, and general 
gaol-delivery, are at once abforbed and determined ip/if■ 
faElo. But this is now altered, with refpeft to the feffion 
of gaol-delivery for Middlefex, by Jlat. 25 Geo. III. c. 18 ; 
which enafts, that, when any feffion of oyer and terminer, 
and gaol-delivery of the gaol of Newgate, for the county 
of Middlefex, (hall have been begun to be holden before 
the eflbign-day of any term, the fame feftions (hall he 
continued to be holden, and the bufinefs thereof finally 
concluded, notwithftanding the happening of Inch elfoign- 
day of any term, or the fitting of his tnajefty’s court of 
King’s Bench at Weftminfter, or elfewhere in the county 
of Middlefex; and that all trials, See. had at fuch (eftioii 
fo continued to be holden, (hall be good and effeftual to 
all intents and purpofes. See the article Justice. 
Into this court of King’s Bench hath reverted all that 
was good and falutary of the jurifdiftion of the court of 
Star-chamber (Camera Stellata ), which was a court of very- 
ancient original, finally aboliffied, on account of theabuic 
of its jurifdidtion, by ftat. 16 Car. I. c. 10. 
This court is termed the cujlos morum of all the realm; 
and by the plenitude of its power, wherever it meets with 
an offence contrary to the firft principles of juftice, and 
of dangerous confequence if not reftrained, adapts a pro¬ 
per punifhment to it. 1 Sid. 168. 2 Hawk. P. C. c. 3. §4. 
This court has a particular jurifdidtion, not only over 
all capital offences, but alfo over all other mifdemeanor* 
of a public nature, tending either to a breach of the peace, 
or to oppreflion or fadtion, or any manner of mifgovern- 
ment; and it is not material whether fuch offences, being 
manifeftly againft the public good, diredtly injure any 
particular perfon or not. 4 Injl. 71. xi Co. 98. 1 H. P.C. 
c. 3. § 3. And, for the better reftraining fuch offences, it 
has a diferetionary power of inflidling exemplary punifh- 
ment on offenders, either by fine, imprifonment, or other 
infamous punifiiment, as the nature of the crime, confi- 
dered in all its circumftances, (hall require; and it may 
make ufe of any prifon which fall feem mof proper ; and it is 
faid, that no other court can remove or bail performs con¬ 
demned to imprifonment by this court. 2 Hawk. P. C. c. 
3. § 5. Newgate is as much the prifon of this court as 
the King’s-Bench prifon is: every prifon in the kingdom 
is the prifon of this court. 1 Burr. 541. This has been 
lately argued and decided in the houfeof lords, upon the 
appeal of Hart and White, who had been lent to diftant 
gaols, (Gloucefter and Dorchefter,) to be imprifoned for 
a libel in the Independent Whig. 
This court hath fo fovereign a jurifdiftion in allcriminal 
matters, that an aft of parliament, appointing that all 
crimes of a certain denomination (hall be tried before cer¬ 
tain judges, doth not exclude the jurifdiffion of this court, 
without exprefs negative words ; and therefore it hath 
been refolved, that ftat. 33 Hen. VIII. c. fa, which en- 
aiftSj That all treafons, See. within the king’s houfe, (hall 
be determined before the lord fteward of the king’s houfe, 
&c. doth not reftrain this .court from proceeding againft 
fuch offences. 2 Inf. 549- 2 Jf> nes 53- But, where a fta- 
tute creates a new offence which was not taken notice of 
by the common law, and erefts a new jurifdiffion for the 
puniftiment of it, and preferibes a certain method of pro- 
.9 C ceed'ingj 
