The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-19 00:00:00

Tjli corm? OF MO•S BEATA:

•

drum the Literary Otteemer.l
This la the supreme national court of common law ; its
title, Bantus Regius, is derived from the Saxon liana, a
form or bench, and this name was given to it because the
King used, in ancient days, to sit in court in person.
In the time of our Saxon kings, there was only one su-
perior court for the administration of justice in the kingdom.
It was called the Wittena-grrnotr, or General Council, and
assembled once a year, or oftener, if required, wherever the
King kept his Easter, Christmas, or NVhitsontide, to ad-
minister private justice, and also to consult upon the public
business of the nation. This great council had cognizance
both of civil and spiritual causes.
In the time of our Anglo-Saxon ancestors, we are told
that the court was a sloping excavated field, or plain, in
the centre of which was a bank, or seat ofjustice. Amongst
the Greeks, in very early times, this form of courts was in
fashion, as is evident by referring to the establishment (by
Ceerops,) of the Areopagus' or court of justice, at Athens,
nearly three thousand four hundred years ago. 'rhis court
was held in a spacious causeway, cut out of the earth, en
Mar's-hill not far from the citadel ; and being formed on a
hilly slope, all the people were enabled to observe its pro-
mtdings. There is something rude in this, but at the same
time it tells us how jealous the peoitle of the olden days
were in watching over the administration of justice ; and it
is fine to picture to our imagination the Areopagus of an-
eient Greece, and the Willenn-gemote of our own Saxon
forefathers, with their astiembled thousands, coufirtniug
1 with their cries the justice of a decree or sentence.
By looking at this subject historically, we find the origin
of the form, which is still preserved in our courts, of ask-
ing a prisoner, " How he will be tried," to which, as a mat-
ter of course, he replies—" By God and my country." It
may be truly said that, anciently, criminals were literally
tried by their country.
Tis Wittean-gentote de'rseneral Council, continued up
W awl pooled of the conquest; when, it mss, %Valium did
not like these annual Parliaments, and accordingly contrived
to separate their power -as judges from their deliberad
character as councillom of the crown. The ecclesiastics'
branch of the Wittena-gemote was naturally enough sepa-
rated from the other jurisdictions. The conqueror theta
established as a substitute for the Saxon legislative and ju-
dicial assembly, the :Ida Regia, or Aula Regis. This wee
a court held in the King's own hall, and was composed of
the great officers of state, usually attached to the King%
person. This court, as the old authors tell us, determined I
suits by the rules of the military law, and the law of na-
tions. The great officers, above named, were assisted by
persons learned in the law, who were named Justiciars; and
all the greater Barouief l'arliament had a seat in the Adis
Regis; over all these presithil one particular justice, who
was called the Chief Justiciar of all England. This court,
for some time, followed the King's household in all its ex-
peditions, which rendered the trial of causes particularly
burthensome to the common people. To remedy this evil,
King John, by the I lth chap. of Magni:Charm, fixed the
bearing of common pleas to Westminster-hall, the place
where the Asia Reels generally sat when the monarch
was in London. The Common Pleas thus becoming sta-
tionary, the judges were also fixed ; and a chief, with other
justices were appointed, whose jurisdiction extended to all
pleas of land, and injuries merely civil.
Edwd. I. having completely broken up the Aril Regia into
distinct courts, (viz. the Chancery, Kng's Bench, Com-
mon Pleas, and Exchequer,) the king's Bench assumed
the shape which it now bears • it took the superintendence
of the other courts by way of appeal, and the sole cogni-
sance of pleas of the crown, or causes of a criminal =-
tyre. This court is the supreme court of common law,
judges of which are, rirtute officii supreme coroners
tea
the land. The style of the court is still curaat ipso rep.,
king being supposed to sit there in person. In the
Regia the monarch certainly decided causes in per-
ils° ; and after the dissolution of that'great court, and the
establishment of separate jurisdictions, Edward I. fro-
quently took his seat in the King's Bench. Henry 111.
It is said, sat in person with the justices in Ranee Regis
several times, being Nested on a high bench, and the judges
on a lower one, at his feet. Edward IV. In the second year
of his reign, sat three days in the King's Bench, wholly
to see, as he was yet young, the form of administering
''.4l. la • workt.oasisied NAeligoilies eirashwisatar,
,_ _