If the King's debtor, officer, or accountant, has leases for years or goods; these leases and goods are not liable if the debtor sold them bona fide; but if he sold them by covin it is otherwise. If land be purchased with the King's money, it is liable to satisfy the King.

The debt ought to be immediately to the King himself; or if it be to any other than to the King, it ought to be originally to the use of the King. 7 Rep. 22 a.

If tenant in tail becomes indebted to the King, unless it be by judgment, recognizance, obligation, or other specialty, and dies, the lands in the seisin of the issue in tail by force of this act shall not be extended by this act for such debt; for the statute extends only to the said four cases, and all other debts remain at common law. 7 Rep. 21 b.

The issue in tail (the land being in his hands) is also liable in either of the said four cases, but not the bond fide alienee of the issue; for the words of the statute do not extend to this alienee; the common law did not help the King in these cases; the statute helps the King in the case against the issue in tail. Jenk. 226, pl. 99, 285, pl. 19.

The issue in tail shall not be charged by this statute for the penalty on a conviction of recusancy of the tenant in tail by proclamation, under stat. 29 Eliz. c. 6. but otherwise it had been if he had been convicted under stat. 23 Eliz. c. 1. 1 Rol. Rep. 94. In every such case. se.] By the express purview of this act, the land shall be solely extended as long as it is in the possession or seisin of the heir in tail; for this act says, that in every such case the land shall be charged. And as the land against the issue in tail was not extendable before this act, the King has benefit to extend it in the possession of the heir in tail, which he could not do before; but the King cannot extend the lands of the alienee, for the statute does not extend to this, and the makers of the act have reason to favour the purchasers, farmers, &c. of the heir in tail more than the heir himself; for they are strangers to the debts of tenant in tail, and they come to the land on good consideration. 7 Rep. 21 b.

The same manors.] If the goods and chattels of the King's debtors be sufficient, and so can be made appear to the sheriff, whereupon he may levy the King's debt, then the sheriff ought to extend the lands of the debtor or his heir, or of any purchaser or tenant. 2 Inst. 19.

The King shall not be excluded to demand his debts against any of his subjects, as heir to any person indebted to his Highness or to his use, albeit this word heir be not comprised in such recognizance or specialty, or that such persons shall say, that they have not any hereditaments to them descended, but only such as be intailed or given to them by their ancestors. Stat. 33 H. 8. c. 39. § 28.

By this clause the intent of the makers of the act appears, that the heir in tail shall be only charged with the debt of the King; but lands in fee-simple were extendable at the common law in whatever hands they came; therefore, as to them, this statute was only declarativum antiqui juris; but as to the estates in tail, it was introductivum novi juris against the issue in tail. 7 Rep. 21 b.

One P. was indebted to the Queen, and one W. was bound to P. in 100%., in which obligation W. did not mention his heirs; P. assigned the obligation in which W. was bound to him, to the Queen, and on this process was made against the heir of W. And it was held by the court, that as W. did not oblige himself and his heirs, that the heir, by the death of the father, was discharged. And if the assignment had been made in the lifetime of the father, and then the father had died, the heir should be discharged, but the son may be charged as executor or administrator, &c. Sav. 2.

Provided, that the King may at his liberty demand his debts of any executors or administrators of any person indebted, if the executors, &c. have assets. Stat. 33 H. 8. c. 39. § 29.

J. S. was obliged to Sir Richard Cavendish, treasurer of the chamber to Henry VII. in 1007., who was indebted to the King, on which process was made against those who were tertenants of J. S. tempore confectionis scripti præd' made to the said Sir Richard. Per Manwood, chief baron. The tertenants are not chargeable in this case, but the heirs and executors. Per Shute, second baron. If an obligation be made to the King, it shall be of the same nature as a statute staple to all intents by this statute; but obligations made to other persons to the use of the King, shall be executory against the obligor, his heirs, executors, or administrators, and not against other persons; but if J. N. be bound to J. S., and J. S. assigns this to Sir Richard Cavendish, and he over to the King, no process shall be made thereon; to which the court and all the clerks agreed. And it was held, that if obligor, after the obligation made, voluntarily make feoffment of lands, such feoffees shall be charged; otherwise it is of purchasers before the obligation made in case of the King, Sav. 12.

If the hereditament be evicted out of the possession of such person by just title without fraud, whose hereditaments shall be chargeable as is above said, then such hereditaments shall be acquitted of the debts. Stat. 33 H. 8. c. 39. § 30.

B. was indebted to the Queen, for the payment of which debt certain lands of B. at the time of the debt, were purchased by one W., against whom and one C. and D. the said B. exhibited his bill in the Exchequer Chamber, praying that the equity of the case might there be examined. Before any answer made, W. paid the debt, and then demanded judg ment if the court would hold further plea, as the cause of privilege was determined, which is the debt due to the Queen. And it was held, that on this reason the court ought to dismiss the cause, and so it was done. Sav. 15.

If any person of whom any such debt shall be demanded, show sufficient matter, in law, reason, or good conscience, why such persons ought not to be charged with the same, and it be sufficiently proved, the courts have power to allow the proof, and acquit all persons so impleaded. Stat. 33 H. 8. c. 39. § 31.

Sufficient matter in law.] This proviso gives benefit not only to him who has matter in good conscience, but also to him who has good and sufficient cause and matter in law, reason, (and then comes) good conscience; and without question the first words, viz. cause and matter in law, shall extend to all the debts of the King, and process thereupon, as well at common law as on this act. And the conclusion of the branch does not make against it. For the sense thereof was, that he should plead matter in law or good conscience, and that nothing contained in the act should be an impediment thereto. 7 Rep. 19 b.

Seire facias issued against Sir W. H. as heir to M. H. his father, on a recognizance acknowledged to Edward VI. by the said M. H., the sheriff returned scire feci, and on his default judgment was given. And because in truth he never was summoned, and had good matter, if he had notice thereof, to plead in discharge of the recognizance acknowledged, all which he showed in certain in a bill in the Exchequer; upon which, on conference had by Manwood and the other barons, with the two chief justices, he was discharged of the recognizance. 7 Rep. 20 a; as 3 Rep. Trim. 37 Eliz. Sir William Herbert's case.

In law, reason, or good conscience.] A. obtained of the King a privy seal, whereby the forfeiture of certain recognizances for appearing at the sessions, amounting in the whole to 8001., was granted her. And it was made a question, whether the court might compound those forfeitures by their privy seal, which was granted before the privy seal and grant to A. And it was doubted whether the privy seal did not take away and revoke the power given to the court in this particular. But it was held clearly, that the court might upon good matter in equity discharge these debts by virtue

of this statute. And the case in question seemed a hard
case to the court, because the party himself was the cause
why there was no appearance, by beating the party so
heinously the very day before they ought to have appeared,
that they were disabled thereby to appear. Hard. 334.
W. put 100%. out at interest to defendant, and took bond
in the name of one J. who became felo de se, and the plaintiff
was relieved against the King on this trust, in equity upon
this statute. Sed quære, whether this statute extends to any
equity against the King, otherwise than in case of pleas by
way of discharge? But it was likewise decreed in this cause
that the plaintiff should be saved harmless from all others.
Hard. 176.

And the matter so showed be sufficiently proved.] Scire facias issued against T. the father, and T. the son, to show cause wherefore they did not pay the King 1000l. for the mesne profits of certain lands holden by them from his Majesty, for which land judgment was given for him in the Exchequer, and the mesne rates were found by inquisition, which returned that the said mesne profits came to 1000l. upon which inquisition this scire facias issued; whereupon the sheriff returned that T. the father was dead, and T. the son appeared, and pleaded that he took the profits but as a servant to his father, and by his command, and rendered an account to his father for the profits, and also that judgment for the lands was given against his father and him for default of sufficient pleading, and not for the truth of the fact; and he showed this statute, which he pretended aided him for his equity; whereupon the King demurred. Tanfield, chief baron, said, that the matter in equity ought to be sufficiently proved, and here is nothing but the allegation of the party, and the demurrer for the King; and, if the demurrer be in law an admittance of the allegation, and so a sufficient proof within the statute, is to be advised on; and for that point the case is but this: A scire facias issues to have execution of a recognizance, which within this act ought, by pretence and allegation of the defendant, to be discharged for matter in equity, and the defendant pleads his matter in equity, and the King, supposing this not to be in equity within this statute, demurs in law, whether that demurrer be an insufficient proof of the allegation within the statute or not? Adjornatur. Lane, 51. By § 33 of the said stat. 33 H. 8. c. 39. it is provided, that the said act shall not take away any liberties belonging to the duchy and county palatine of Lancaster.

The stat. 34 & 35 H. 8. c. 2. directs how the King's receivers and collectors shall be charged; and the stat. 7 Edw. 6. c. 1. makes further regulations on that subject, and requires all officers to find sureties for duly accounting. See title Accounts, Public.

the words (licet tangat nos); but he agreed, that if the lands of the felon be liable to [sufficient to answer] all the debt of the Queen, the court may in discretion take all the lands in extent, and leave the goods to the patentee. And as to a petition of Coxhead praying a discharge of the lands, &c. by him purchased of the officer debtor to the Queen, it was answered, that the land was subject to the Queen's extent for all arrears of receipts by his office, received before the conveyance thereof, though the receipt be after the conveyance, and that by reason of the statute; but as to another office accepted after the conveyance of the land, the arrears of that shall not charge the land so conveyed.

B. L. having purchased a long term for years in houses, afterwards purchased the inheritance; afterwards he became receiver of North Wales, and having occasion for 5001. assigned over the term by way of mortgage to J. S. Afterwards on the marriage of E. L. his son, he settled the houses in St. Clement's (inter alia) on himself for life, remainder to E. L. his son, and the heirs of his body. There was issue of the marriage, a daughter, the wife of P.; after this B. L. mortgages these houses to N. for 1800l. The King extends these houses for the debt of B. L.; N. gets an assignment of the extent, and a privy seal for the debt. Resolved, first, that by the statute of Elizabeth, the land and the real estate of B. L. was bound and stood liable to answer the King's debt, although he was not actually a debtor to the King, nor any extent against him in several years after. Secondly, that where a term is attendant on the inheritance, he shall have a right to the term: but if it be a term in gross, and assigned before any actual extent, the assignment will stand good, and the term not liable to the King's debt. 2 Vern. 389, 390.

If either of the Queen's officers, on rendering of his account, shall be found in arrear, and such arrears shall not be paid within six months after the account past, the Queen, &c. may sell so much of his estate as will answer the debt, and the overplus of the sale is to be rendered to the accountant, or his heirs, by the officer that receives the purchase-money, without further warrant. Stat. 13 Eliz. c. 4. § 2, 3.

Upon this statute many questions were moved; first, if the debtor died, whether the land might be sold? Secondly, when the account is determined after his death? Thirdly, When the accountant, after becoming debtor, and in arrear, makes feoffment, or other estate over, or charges or incumProcess and executions for debts in the Court of Exche-bers the land, either to his issue or others of his blood, to quer shall be made in the Exchequer by such officer as hath prevent the Queen's selling, or on other consideration, whebeen used, as by this act is limited, § 34. ther she may sell the land, the words of the act being make sale, &c. of so much of the lands, &c. of every such accountant or debtor so found in arrear, &c. and that the sale shall be good and available in law against the party accountant, and his heirs claiming as heirs. Fourthly, if the accountant was seised of land in tail, whether this land may be sold to be good against the issue; for the ousting of which doubts the statute of 27 Eliz. c. 3. was made; but this gives remedy only, that the land shall be sold after the death of the debtor, and when the account is made after his death; therefore to remedy the other mischiefs, the statute 29 Eliz. c. 7. was made (but the same, being only a temporary act, is expired.) Mo. 646, &c. pl. 895, (where part of the last-mentioned act is set forth and explained.)

The stat. 13 Eliz. c. 4. enacts, "that all the lands, &c. which any accountant of the Queen, her heirs and successors, hath while he remains accountable, shall for the payment of the debts of the Queen, her heirs and successors, be liable, and put in execution in like manner, as if such accountant had stood bound by writ obligatory (having the effect of the statute staple) to her Majesty, her heirs and successors, for payment of the same, § 1.

The Queen, by her letters-patent, granted catalla utlagatorum et felonum de se, within such a precinct; one who was indebted to the Queen is felo de se within the precinct. It was ruled, that notwithstanding the grant by the letterspatent, the Queen shall have the goods for satisfying her debt. 3 Leo. 113; Mo. 126, 127, S. C. between the Queen of the first part, the Bishop of Sarum of the second part, and Oliver Coxhead of the third part; and there, per Manwood, chief baron, the patent does not extend to have the goods of felo de se against the Queen for her debt, because it wanted

If such accountant or debtor purchase lands in others' names in trust for their use, that being found by office or inquisition, those lands also shall be liable to satisfy the debt in such a manner as before is expressed. Stat. 13 Eliz. c. 4. § 5.

Lands purchased by accountants since the beginning of the Queen's reign, either in their own names, or in the names of others in trust for their use, shall be also liable to be sold for the discharge of their debts as aforesaid, rendering the overplus to the accountant, § 6.

Provided, that bishops' lands shall be only chargeable for subsidies or tenths, as they were before making this act, and not otherwise, § 9.

Neither shall this act extend to charge any accountant whose yearly receipt exceeds not 300l. otherwise than as he was lawfully chargeable before this act, § 10.

Neither shall this act extend to such accountants, as by order of their offices, and charge, immediately after their accounts past, are to lay out money again; such as are treasurers of war, garrisons, navy, provision of victuals, or for fortifications or buildings, and the master of the wardrobe; unless the Queen, &c. command present pay, § 11, 12. Neither does this act extend to sheriffs, escheators, or bailiffs of liberties, concerning whose accounts the course remains the same as before, § 13.

Lands bought of an accountant bona fide, and without notice of any fraudulent intent in the accountant, shall be discharged; and if they be bound by office, yet shall they, on traverse, be discharged without livery, ouster le main, or other suit, § 14.

choose twenty-five barons to see the charter observed by the King, with power, on any justice or other minister of the King's failing to do right, and acting contrary thereto, for four of the said barons to address the King, and pray that the same might be remedied; and if the same were not amended in forty days, upon the report of the four barons to the rest of the twenty-five, those twenty-five barons, with the commonalty of the whole land, were at liberty to distress the King, take his castles, lands, &c. until the evils complained of should be remedied, according to their judgment; saving the person of the King, Queen, and their children; and when the evils were redressed, the people were to obey the King as before. King John's Magna Charta, c. 73. But this clause was admitted in King Henry III.'s Magna Charta, though in a statute made at Oxford, anno 42 Henry III. to reform misgovernment, it was enacted, that twenty-four great men should be named, twelve by the King, and twelve by the parliament, to appoint justices, chancellors, and other officers, to see Magna Charta observed. These regulations seem (like the constitution, framed by an assembly in a neighbouring nation, before they had directly discarded a moto succeed in practice; the checks now formed by the law, on the power of the crown, are of a nature in reality more forcible, though in appearance more loyal, than a measure which placed the sovereign in subjection to a dangerous aristocracy.

If a man is receiver to the King, and not indebted, but is clear and sells his land, and ceases to be receiver, and after-narchial form of government) too laboured and unnatural wards is appointed receiver again, and then a debt is contracted with the King, the former sale is good. 2 Mod. 247. The Queen, &c. being satisfied by sale of lands, the sureties shall be discharged for so much, and if any yet remain unpaid, the sureties shall pay the residue rateably according to their abilities. Stat. 13 Eliz. c. 4. § 15.

By stat. 20 Car. 2. c. 2. all receivers of monies or duties for the King's use, are to pay damages of twelve per cent. per annum from the expiration of two months after the receipt by them, till they pay the same into the Exchequer.

By stat. 25 Geo. 3. c. 35. for the more easy and effectual sale of lands of the crown debtors, the Court of Exchequer, on application of the attorney-general in a summary way, may order the estate of any debtor to the King to be sold; and compel the production of title-deeds, &c. and apply the same in liquidation of the King's demand, under a writ of extent, or diem clausit extremum. (See title Execution.) The surplus, after satisfaction of the debt and costs, to be paid to the party entitled to the estate.

By the stat. 41 G. 3. c. 90. § 1. when upon any account declared, &c. in the Court of Exchequer in England, or on judgment of that court, any debt is due to his Majesty, a copy of such account shall be exemplified, and transmitted to and enrolled in the Exchequer in Ireland, and process be issued against the debtor's body and effects in Ireland. By §2, money levied in Ireland shall be paid into the Irish Exchequer, and transmitted to the English Exchequer. By § 3, 4, so vice versa, on accounts declared in the Exchequer of Ireland. By 48 G. 3. c. 47. the King shall not sue in Ireland any person in respect of any estate, unless where the right has accrued, or shall first accrue, within sixty years before the commencement of such suit; persons having enjoyed sixty years' possession quieted. In what cases rents, &c. of estates shall be deemed in charge, § 2. Estates, the reversion of which is in the crown, shall be sued for within sixty years after determination of the particular estate, § 3. Lands shall be holden of the crown upon the usual tenures, services, and duties, § 4. Rents paid to the King shall remain payable, § 5. Incumbents of benefices shall not be liable to arrears of crown rents accrued before their incumbency, § 6. By stat. 4 G. 4. c. 18. all the powers of the 39 & 40 G. 3. c. 88. relating to the disposition of the King's private estates are extended to lands in possession of any King at the time of his accession. The statute 11 G. 4. c. 23. enabled the late King (George IV.) to appoint certain persons to affix his royal signature to instruments requiring such signature. (This statute, however, is now expired.)

VII. In King John's Magna Charta of Liberties, there was a clause making it lawful for the barons of the realm to

The barons' wars seem to have proceeded in some measure from a like power granted to them, as by the charter of King John; and probably the parliament's wars in the time of King Charles I. from their examples.

But whatever attempts might have been previously made, it cannot but be observed, that most of the laws for ascertaining, limiting, and restraining, the prerogative of the crown, have been made within the compass of little more than a century past, from the Petition of Right in 3 Car. 1. to the present time, so that the powers of the crown are now to all appearance greatly curtailed and diminished since the reign of King James I. particularly by the abolition of the Star Chamber and High Commission Courts, in the reign of Charles I.; and by the disclaiming of martial law, and the power of levying taxes on the subject by the same prince; by the disuse of forest laws for a century past; and by the many excellent provisions enacted under Charles II. especially by the abolition of military tenures, purveyance, and pre-emption, the Habeas Corpus Act, and the act to prevent the discontinuance of parliaments for above three years; and since the Revolution, by the strong and emphatical words in which our liberties are asserted in the Bill of Rights and Act of Settlement, by the act for triennial, since turned into septennial, elections; by the exclusion of certain officers from the House of Commons; by rendering the seats of the judges permanent, and their salaries liberal and independent ; and by restraining the King's pardon from obstructing parliamentary impeachments: besides all this, if we consider how the crown is impoverished and stripped of all its ancient revenues, so that it must greatly rely on the liberality of parliament for its necessary support and maintenance, we may, perhaps, be led to think that the balance is inclined, pretty strongly, to the popular scale, and that the executive magistrate has neither independence nor power enough left, to form that check upon the Lords and Commons, which the founders of our constitution intended.

On the other hand, however, it is to be considered that every prince in the first parliament after his accession, has by long usage a truly royal addition to his hereditary revenue settled upon him for his life, and has never any occasion to apply to parliament for supplies, but upon some public necessity of the whole realm. This restores to him that constitutional independence which at his first accession seems, it must be owned, to be wanting; and then, with regard to power, we may find, perhaps, that the hands of government

minal matters and pleas of the crown, leaving the judging of private contracts and civil actions to the Common Pleas and other courts. Glanvil. lib. 1. c. 2, 3, 4; lib. 10. c. 18; Smith de Rep. Ang. lib. 2. c. 11; 4 Inst. fol. 70.

Toward the latter end of the Norman period, the Aula Regis, which was before one great court where the justiciar presided, was divided into four distinct courts, i. e. the Court of Chancery, King's Bench, Common Pleas, and Exchequer. Madox, c. 19; Bracton, lib. 3. c. 7. fol. 105; see titles Courts, Common Pleas, &c.

The Court of King's Bench retained the greater similitude with the ancient Curia or Aula Regis, and was always ambulatory, and removed with the King wherever he went. It hath always retained a supreme original jurisdiction in all criminal matters; for in these the process both issued from and was returnable into this court; but in trespass it might be made returnable into either the King's Bench or Common Pleas, because the plea was criminal as well as civil. 2 Inst. 24; 4 Inst. 70; Co. Lit. 71; Dyer, 187; Cromp. of Courts, 78; 1 Rol. Abr. 94.

II. The jurisdiction of this court 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. It 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 cognizance both of criminal and civil causes; the former in what is called the crown side or crown office, the latter in the plea side of the court. 3 Comm. c. 4. On the crown side, that is, in the crown office, this court takes cognizance of all criminal causes, from high treason down to the most trivial misdemeanor or breach of the peace. 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, by a jury of the county out of which the indictment is brought. But informations in the King's Bench can be filed for misdemeanors only, as no man can be put upon his trial for a capital offence, or for misprision of treason, without the accusation against him being found sufficient by twelve of his countrymen. See tit. Information. And it possesses the power, in all cases where an impartial trial cannot be had in the county out of which the indictment is brought, to direct the trial to take place in some other county. And by the 38 G. 3. c. 52. in all indictments removed into the King's Bench by certiorari, and in all informations filed there, if the venue be laid in any city or town corporate, the court, at the instance of the prosecutor or defendant, may order the issue to be tried by a jury of the next adjoining county. London, Westminster, Southwark, Bristol, and Chester, are entirely exempted from the operation of the act; and Exeter, except in cases of indictments removed by certiorari.

Into this Court of King's Bench hath reverted all that was good and salutary of the jurisdiction of the Court of Star Chamber (Camera Stellata), which was a court of very ancient original, finally abolished, on account of the abuse of its jurisdiction, by 16 C. 1. c. 10. See title Star Chamber.

To state its powers more particularly, this court is termed the Custos Morum of all the realm, and by the plenitude of its power, wherever it meets with an offence contrary to the first principles of justice, and of dangerous consequence if not restrained, adapts a proper punishment to it. 1 Sid. 168; 2 Hawk. P. C. c. 3. § 4.

The judges of this court are the supreme coroners of the kingdom. And the court itself is the principal court of criminal jurisdiction known to the laws of England; for which reason, by the coming of the Court of King's Bench into any county (as it was removed to Oxford on account of the

VOL. II.

sickness in 1665) all former commissions of oyer and terminer and general gaol delivery, are at once absorbed and determined ipso facto.

But according to Lord Hale, the King's Bench, by coming into any county, does not determine any other commission, but suspends its session during the term, and in vacation time the commissioners may proceed again upon their former commission. A special commission, he adds, may sit in term time in the county where the King's Bench sits; but then the King's Bench must adjourn during its session. 2 Hale's P. C. 4; see also 2 Hawk. P. C. c. 3. § 3. post. The justices of B. R. are the sovereign justices of oyer and terminer, gaol delivery, and of eyre, and coroners of the land; and their jurisdiction is general all over England: by their presence the power of all other justices in the county, during the time of this court's sitting in it, is suspended, as has already been noticed; for in præsentia majoris cessat potestas minoris; but such justices may proceed by virtue of a special commission, &c. H. P. C. 156; 4 Inst. 73; 2 Hawk. P. C. c. 3.

If an indictment in a foreign county be removed before commissioners of oyer and terminer into the county where the King's Bench sits, they may proceed; for the King's Bench not having the indictment before them, cannot proceed for this offence; but if an indictment is found in the vacation time in the same county in which the King's Bench sits, and in term time the King's Bench is adjourned, there may be a special commission to hear it. 4 Inst. 73.

By the 25 G. 3. c. 18. when any session of oyer and terminer, and gaol delivery of the gaol of Newgate, for the county of Middlesex, shall have been begun to be holden before the essoign day of any term, the same sessions shall be continued to be holden, and the business thereof finally concluded, notwithstanding the happening of such essoign day of any term, or the sitting of his majesty's Court of King's Bench at Westminster, or elsewhere in the county of Middlesex; and all trials, &c. had at such session so continued to be holden, shall be good and effectual to all intents and purposes. The 32 G. 3. c. 48. made a similar provision for the sessions of the peace and of oyer and terminer, before the justices of the peace for the same county.

By the 4 & 5 W. 4. c. 36. his majesty is empowered to establish a new court, to be called the " Central Criminal Court," for the trial of offences committed in London and Middlesex, and certain parts of Essex, Kent, and Surrey. See further tit. London.

Justices of this court have a sovereign jurisdiction over all matters of a criminal and public nature, judicially brought before them, to give remedy either by the common law or statute; and their power is original and ordinary; when the king hath appointed them, they have their jurisdiction from the law.

4 Inst. 74.

This court has a particular jurisdiction, not only over all capital offences, but also over all other misdemeanors of a public nature, tending either to a breach of the peace or to oppression or faction, or any manner of misgovernment; and it is not material whether such offences, being manifestly against the public good, directly injure any particular person or not. 4 Inst. 71; 11 Co. 98; 2 H. P. C. c. 3. § 3.

And for the better restraining such offences, it has a discretionary power of inflicting exemplary punishment on offenders, either by fine, imprisonment, or other infamous punishment, as the nature of the crime, considered in all its circumstances, shall require; and it may make use of any prison which shall seem most proper; and it is said that no other court can remove or bail persons condemned to imprisonment by this court. 2 Hawk. P. C. c. 3. § 5. Newgate is as much the prison of this court as the King's Bench prison is: every prison in the kingdom is the prison of this

court.

1 Burr. 541.

This court hath so sovereign a jurisdiction in all criminal

E