Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/49

Ch. 4., and courts-baron; and as the ame writ of fale judgment may be had, in nature of a writ of error; this has occaioned the ame diue of bringing actions therein.

are the everal pecies of common law courts, which though dipered univerally throughout the realm, are nevertheles of a partial juridiction, and confined to particular ditricts: yet communicating with, and as it were members of, the uperior courts of a more extended and general nature; which are calculated for the adminitration of redres not in any one lordhip, hundred, or county only, but throughout the whole kingdom at large. Of which ort is

V. The court of common pleas, or, as it is frequently termed in law, the court of common bench.

the antient Saxon contitution there was only one uperior court of jutice in the kingdom: and that had cognizance both of civil and piritual caues; viz. the wittena-gemote, or general council, which aembled annually or oftener, wherever the king kept his Eater, Chritmas, or Whitontide, as well to do private jutice as to conult upon public buines. At the conquet the eccleiatical juridiction was diverted into another channel; and the conqueror, fearing danger from thee annual parliaments, contrived alo to eparate their miniterial power, as judges, from their deliberative, as counellors to the crown. He therefore etablihed a contant court in his own hall, thence called by Bracton and other antient authors aula regia or aula regis. This court was compoed of the king's great officers of tate reident in his palace, and uually attendant on his peron: uch as the lord high contable and lord marechal, who chiefly preided in matters of honour and of arms; determining according to the law military and the law of nations. Beides thee there were the lord high teward, and lord great chamberlain; the teward of the houhold; the lord chancellor, whoe peculiar buines it was

h l. 3 . tr. 1. c. 7. Rh