Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/54

42 follow him, o that he may have at all times near unto him ome that be learned in the laws.

jurifdiction of this court is very high and tranfcendent. It keeps all inferior jurifdictions within the bounds of their au- thority, and may either remove their proceedings to be determi- ned here, or prohibit their progrefs 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 other fpecific remedy. It protects the liberty of the fub- ject, by fpeedy and fummary interpofition. It takes cognizance both of criminal and civil caufes ; the former in what is calkd the crown-fide or crown-office ; the latter in the plea-fide of the court. The jurifdiction of the crown-lide it is not our prefent bufinefs to confider : that will be more properly difcuffed in the enfuing volume. But on the plea-fide, or civil branch, it hath an original jurifdiction and cognizance of all trefpaffes, and other injuries, alleged to be committed vi et arm is : which, being a breach of the peace, favour of a criminal nature, although the action is brought for a civil remedy ; and for which the defend- ant ought in ftrictnefs to pay a fine to the king, as well as da- mages to the injured party u. This court might likewife, upon the divifion of the an/a regia, have originally held plea of any other civil action whatlbever, (excepting actions real, which are now very feldom in ufe) provided the defendant was an officer of the court; or in the cuftody of the mariliall., or prifon-keeper> of this court, for a breach of the peace or any other offence w. In procefs of time, by a fiction, this court began to hold plea of all perfonal actions whatfoever, and has continued to do fo for ages * : it being furmifed that the defendant is arrefted for a fup- ( pofed trefpafs, which he never has in reality committed ; and being thus in the cuftody of the marmall of this court, the plaintiff is at liberty to proceed againft him for any other perfo- nal injury : which furmife, of being in the mar/hall's cuftody,

u Finch. L. 198. w 4 Int. 71. x Ibid. 72. Rh