Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/60

48 any lands or goods, in prejudice of a ubjects right. On proof of which, as the king can never be uppofed intentionally to do any wrong, the law quetions not but he will immediately redres the injury; and refers that concientious tak to the chancellor, the keeper of his concience. It alo appertains to this court to hold plea of all peronal actions, where any officer or miniter of the court is a party. It might likewie hold plea (by cire facias) of partitions of lands in coparcenary, and of dower , where any ward of the crown was concerned in interet, o long as the military tenures ubited: as it now may alo do of the tithes of foret land, where granted by the king and claimed by a tranger againt the grantee of the crown ; and of executions on tatutes, or recognizances in nature thereof by the tatute 23 Hen. VIII. c. 6. But if any caue comes to iue in this court, that is, if any fact be diputed between the parties, the chancellor cannot try it, having no power to ummon a jury; but mut deliver the record propria manu into the court of king's bench, where it hall be tried by the country, and judgment hall be there given thereon. And, when judgment is given in chancery, upon demurrer or the like, a writ of error, in nature of an appeal, lies out of this ordinary court into the court of king's bench : though o little is uually done on the common law ide of the court, that I have met with no traces of any writ of error being actually brought, ince the fourteenth year of queen Elizabeth, A.D. 1572. this ordinary, or legal, court is alo kept the officina jutitiae: out of which all original writs that pas under the great eal, all commiions of charitable ues, ewers, bankruptcy,

p 4 Rep. 54. q 4 lnt. 80. r Co. Litt. 171. F. N. B. 62. s Bro. Abr. tit. (tcivtr. 66. Moor. 565. t Bro. Abr. t. dimes. 10. u 2 Roll. Abr. 460. w Cro. Jac. 12. x Yearbook, 18 Edw. III. 25. 17 a. 24. 29 A. 47. Dyer. 315. i Roll. Rep. 287. 4 Int. 80. y The opinion of lord keeper North in 1682 (1 Vern. 131. 1 Equ. Caf. abr. 129.) that no uch writ of error lay, and that an injunction might be iued againt it, eems not to have been well conidered. Rh