Home1860 Edition

BENCH

Volume 4 · 722 words · 1860 Edition

or BANG, in Law, has various significations. Free-Bench signifies that estate in copyhold-lands which the wife, being espoused a virgin, has, after the decease of her husband, for her dower, dum sola et casta fuerit, according to the custom of the manor. With respect to this free-bench, different manors have different customs.

Queen's Bench, a court in which the sovereign was formerly accustomed to sit in person. It is called the King's Bench in the reign of a king, and was styled the Upper Bench during Cromwell's protectorate. This was originally the only court in Westminster Hall, being styled Aula Regia, and from it the courts of Common Pleas and Exchequer are supposed to have been derived. As the sovereign in person is still presumed in law to sit in this court, though only represented by the judges, it is said to have supreme authority; and the proceedings in it are supposed to be coram nobis, that is, before the sovereign. This court consists of a lord chief justice and four other judges, or puisne justices, the former appointed by writ, the latter by patent, who are, according to Sir William Blackstone, "by their office the sovereign conservators of the peace, and supreme coroners of the land." They hold their offices quamdius se bene gesserint, and in case of misconduct are removable only by address of both houses of parliament. By the 2d and 3d Will. IV. cap. 116, and 14th and 15th Vict. cap. 41, the chief justice receives a salary of £8000, and the other judges of £5000 each, with an allowance of £40 a year to the senior.

"The jurisdiction of this court," observes Mr Justice Blackstone, "is very high and transcendent. It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom, and commands magistrates and others to do what their duty requires in every case where there is no other specific remedy. It protects the liberty of the subject by speedy and summary interposition." It takes cognisance both of civil and criminal causes; its jurisdiction on the plea side or civil branch embracing all actions between subject and subject, excepting only those of the real class and matters of revenue, and extending throughout the entire realm of England, the principality of Wales, and the town of Berwick-on-Tweed; and on the crown side or crown office, it includes all criminal causes from high treason down to the most trivial breach of the peace, and whether against the public good or to the injury of any particular person. Nor can any private subject suffer unlawful violence or injury against his person, liberty, or possessions, without a proper remedy being afforded him here, not only for satisfaction of damages sustained, but for the punishment of the offender; and wherever this court meets with an offence contrary to the first principles of justice, it may punish it by its own authority. Persons illegally committed to prison, though by the king and council, or by either house of parliament, may be bailed in it, and in some cases even upon legal commitments. Writs of mandamus are issued by this court, for the restoring of officers in corporations unjustly turned out, freemen wrongfully disfranchised, and in a variety of other cases. Into this court also indictments from all inferior courts may be removed by writ of certiorari, and tried either at bar or at nisi prius. Error lies from this court to the court of Exchequer Chamber, under the 11th Geo. IV., and 1st Will. IV. cap. 70.

The officers on the crown side are, under the 6th and 7th Vict. cap. 20, "the queen's coroner and attorney, one master, and one assistant-master." On the side of the pleas there are five masters and the following clerks: four to the masters, six in the rule department, three in the writ department, four in the judgment department, three in the appearance department, two in the treasury department, one in the error and outlawry departments; to which may be added, the marshal and associate to the chief justice, comptroller of judges' fees, three ushers, three tipstaffs, train bearer, criar at nisi prius, and body clerk.

Common Bench. See Common Pleas, Court of.