KING’S BENC FT. 
742 
ceeding, it feems queftionable how far this court has an im¬ 
plied jurifdiftion in fuch a cafe, 2 Hawk. P. C. c. 3. § 6. 
a. On the plea-Jidc, or civil branch, this court hath an 
original jurifdiftion and cognizance of all adtions of tref- 
pafs, or other injury alleged to be committed vi et armis ; 
ol aftions for forgery of deeds, maintenance, confpiracy, 
deceit, and aftions on the cafe which allege any faility or 
fraud ; all of which favour of a criminal nature, although 
the aftion is brought for a civil remedy ; and make the de¬ 
fendant liable in flriftnefs to pay a fine to the king, as 
well as damages to the injured party. The fame doftrine 
is alfo now extended to all aftions on the cafe whatfoever. 
F. N. B. 86, 92. 1 Lit. Prac. Reg. 503. But no .aftion of 
debt or detinue, or other mere civil aftion, can by the 
common law be profecuted by any fubjeft in this court, 
by original writ out of chancery. 4 Injl. 76. Trye's Juf. File- 
zar, 101. Though an adlion of debt, given by Jlatute, 
may be brought in the King’s Bench as well as in the 
Common Pleas. Carth. 234. And yet this court might 
always have held plea of any civil adlion, (other than ac¬ 
tions real,) provided the defendant was an officer of the 
court, or in the cuftody of the marlhal or prifon-keeper 
ot this court, for a breach of the peace or any other of¬ 
fence. 4 Injl. 71. And in procefs of time, it began, by 
a fidtion, to hold plea of all perfonal adfions whatfoever, 
and has continued to do fo, forages; it being furmifed 
that the defendant isarrefted fora fuppofcd trefpafs, which 
he never has in reality committed; and, being thus in the 
cuftody of the marihal of this court, the plaintiff is at 
liberty to proceed againft him for any other perfonal in¬ 
jury ; which furmife, of being in the marflial’s cuftody, the 
defendant is not at liberty to difpute. See 4 Injl. 72. 
Thefe fidlions of law, though at firft they may ftartle 
the ftudent, he will find upon farther confideration to be 
highly beneficial and ufeful; efpecially as this maxim is 
ever invariably obferved, that no fclion Jhall extend to work 
an injury ■ its proper operation being to prevent a mil- 
chief, or remedy an inconvenience, that might refult from 
the general rule of law. In the prelent caie, it gives the 
J'uitor his choice of more than one tribunal, before which 
he may inftitute his action ; and prevents the circuity and 
delay of jultice, by allowing that fuit to be originally, and 
in the firft inftance, commenced in this court, which af¬ 
ter a determination in another might ultimately be brought 
before it on a writ of error. 3 Comm. c. 4. 
On the firft divifion of the courts, it was intended to 
confine the juriftliftion of the court of King’s Bench to 
matters .merely criminal; and accordingly loon afterwards 
it was enafted by Magna Charta, c. ji, That common 
pleas fhould not follow the king’s court, but be held in 
a certain place ; lienee it is, that the court of King’s 
Bench cannot determine a mere real adlion. 17 Ed. III. 50. 
1 Rol Abr. 536, 537. But, notwithftanding common pleas 
cannot be immediately holden in the K.B. yet, where there 
is a deleft in the court where by law they be holden ori¬ 
ginally, they may be holden in K. B. as, if a record come 
out or the Common Pleas by writ of error, there they may 
hold plea to the end ; fo where the plea in a writ of right 
is removed out of the county by a pone in K. B. on a writ 
of mefne replevin, See. So any action vi & armis, where 
the king is to have fine, as ejectment, trefpafs, forcible 
entry, &c. being of a mixed nature, may be commenced 
in K. B. 
Alfo Sny officer or minifter of the court entitled to the 
privilege thereof may be there fued by bill in debt, cove¬ 
nant, or other perfonal aftion ; for the aft takes not away 
tire privilege of the court. 2 Injl. 23. 4 Injl. 71. 2 Buljl. 
j23. Hence; as was hinted before, the notion arofe, that 
if a man was taken up as a trefpaffer in the King’s Bench, 
and there in cuftody, they might declare againft him in 
debt, covenant, or account; for this likewife was a cafe 
of privilege, li.nce tile Common Pleas could not procure 
the pri(oners of the King’s Bench to appear in their court; 
and therefore it was an exception out of Magna Charta, 
4 b.Jl, 71. Cro. Car, 330. 1 
By the ftatute of Giouctfier, 6 Ed. I. c. 8, none fhail 
have writs of trefpafs before juftices, unlefs he fwear by 
his faith that the goods taken away were worth forty (hil¬ 
lings. This oath is now difufed ; yet, if the damages laid 
in the declaration (in cafes cognizable in inferior courts) 
do not amount to 40s. the court will not hold plea of 
the matter. If laid to the amount of 40s. and there is not 
any fet-off, and the plaintiff recovers under 40s. defendant 
may fuggeft it on the roll, and plaintiff dial 1 not have 
more colts than dapiages. See 2 Injl. 311. The ftat. 43 
Eliz. c. 6, direfts, that if, in perfonal aftions in the courts 
at YVeftminfter, (not beingfor any title or intereft of lands, 
nor concerning the freehold or inheritance of lands, nor 
for any battery,) the debt or damages is under 40s. the 
plaintiff fhail recover no more colts than damages. Bur, 
if upon a nenfuit in an inferior court 16s. is given for 
cofts, by ftat. 23 Hen. VIII. c. 15, debt lies for it in this 
court of King’s Bench, becaufe given by a ftatute fubfe- 
quent to the ftatute of Gloucefter. Cro. Eliz. 96. Leon. 316. 
This court is likewife a Court of Appeal, into which may 
be removed, by writ of error, ail determinations of the 
court of Common Pleas, and of all inferior courts of re¬ 
cord in England ; and to which a writ of error alfo lay 
from the court of King’s Bench in Ireland, previous to 
the ftat, 23 Geo, III. c. 28. Yet even this, fo high and 
honourable, court is not the dernier rejort of the fubjeft ; 
for, if he be not fatisfied with any determination here, he 
may remove it, by writ of error, into the Houfeof Lords, 
or court of Exchequer Chamber, as the cafe may happen, 
according to the nature of the fuit, and the manner in 
which it has been profecuted. 
To this court it regularly belongs to examine errors of 
all judges and juftices in their judgments and proceedings; 
the court of Exchequer excepted. F. N. B. 20, 21. Being 
the higheft court of common law, it hath power to reform 
inferior courts, reverfe erroneous judgments given there¬ 
in, and punilh the magiftrates and officers for corrup¬ 
tion, &c. 2 Hawk. P. C. c. 3. § 10. It hath not only 
power to reverfe erroneous judgments for fuch errors as 
appear the defeft of the underftanding ; but alfo to punilh 
all inferior magiftrates, and all officers of jultice, for wil¬ 
ful and corrupt abufes of their authority againft the ob¬ 
vious principles of natural jultice; the inftances of which 
are fo numerous, and fo various in their kinds, that it 
feems needlefs to attempt to infert them. 2 Hawk. P. C. c, 
3. § 10. Vaugh. 157. 1 Salk. 201. 
This court grants writs of habeas corpus to relieve per- 
fons wrongfully imprifoned ; and may bail any perfoa 
whatfoever. Writs of mandamus are granted by this court,, 
to reftore officers in corporations, colleges, &c. unjuftly 
turned out, and freemen wrongly disfranchifed ; alto 
writs and informations in the nature of quo warranto againft: 
perfons, or corporations, ufurping franchifes and liber¬ 
ties againft the king; and on miful'er of privileges tofeize 
the liberties, See. In this court alfo the king’s letters 
patent may be repealed by feire facias, 13 c. Prohibitions are 
alfo iflued from this court, to keep inferior courts within 
their proper jurifdiftion. 
This court in ancient times was (as already obferved) 
ordinarily exercifed only in criminal matters, and pleas of 
the crown; leaving private contrafts and civil aftions to 
the Common Pleas, and other courts. 4 Injl. 70. 
The officers of the court of King’s Bench on the 
Crown-fide are; the King’s Coroner and Attorney, com¬ 
monly called the Clerk of the Crown, or Mafter of the 
Crown-office, who taxes cofts, nominates all fpecinl juries 
on the Crown-fide, takes recognizances, inquiiitions upon 
the death of any prifoner dying in the King’s Bench pri- 
fon, &c. The Secondary, who draws up the paper books, 
and makes up an efeheat of all fines, &c. forfeited to the 
crown. The Clerk of theRu.les; the Examiner; and Ca¬ 
lendar-keeper; Clerks in Court. 
The officers on the Plea-fide are, the Chief Clerks ; Se¬ 
condary, or Mafter; their Deputy ; Marlhal, Clerk of the 
Rules, Clerk of the Papers, Clerk of the Day-rules, Clerk 
of 
