and is the ordinary mode of commencing actions in this court: Thirdly, by attachment of privilege, at the suit of attorneys and officers of the court and fourthly, by bill against attorneys and officers, or members of the house of commons. (a) This court has also jurisdiction, exclusive of the King's Bench in all real, and the greater part of mixed actions: and writs of habeas corpus, and prohibition, may be moved for therein, as well as in the King's Bench; though it is more usual to move for the writ of habeas corpus in the latter court.

It should also be observed, that personal actions are either commenced originally, by the means which have been stated, in the courts of King's Bench and Common Pleas; or are removed thither from inferior courts by writ of certiorari or habeas corpus before judgment, or by writ of error after judgment, from such as are of record; or by writ of pone, recordari facias loquelam, or accedas ad curiam, before judgment, or by writ of false judgment afterwards, from such as are not of record: and both courts have the power of punishing their own officers, or other persons, for a contempt, by attachment.

The court of Pleas, in the Exchequer, is holden before the barons ;(bb) and has jurisdiction of all causes which concern the king's profit or revenue, (cc) as of debts or duties to the king;(dd) and of matters which relate to tenures of the king in capite, as of an honour or manor, (e) &c., or which concern the lands, rents, franchises, hereditaments, goods and chattels of the king.(f) So, one who is indebted to the king, may sue his debtor in the court of Pleas, in the Exchequer, upon a suggestion of quo minus, &c., or that he is thereby the less able to satisfy his majesty, the debts which he owes to him.(g) And the court of pleas has jurisdiction in all personal actions, where the plaintiff or defendant has privilege as an officer or minister,(h) or the defendant is a prisoner,(i) of the court. But the plaintiff cannot proceed in this court by original writ; and therefore the defendant cannot be outlawed therein.(k)

There are three sorts of privilege in this court: First, as debtor; secondly, as accountant; and thirdly, as officer of the court. Against the first of these, any man who hath a special privilege in another court, as an officer of the court or attorney, shall have his privilege. But if an accountant begin his suit here, no privilege shall be allowed elsewhere; because he has a special privilege, by reason of his attendance to pass his

account, in which the king hath a particular concern. The same [ *39 ] holds *with regard to an officer of the court: If he commence a suit here, no privilege in another court shall prevail against him; because his attendance here is requisite, and his privilege here is first attached by commencing his suit. But when the accountant has finished his account, and reduced it to a certainty, so that it is become a debt, then he is only privileged as a general debtor. So, a servant to an officer or minister of the court has no privilege against a privileged person elsewhere. (a) And, accordingly, where the plaintiff, as debtor to the king,

(a) See further, as to the jurisdiction of the Common Pleas in personal actions, by original writ, Steph. Pl. 4, 5, by attachment of privilege, Id. 58, and by bill, Id. 52, &c.

(bb) 4 Inst. 109.

(e) 4 Inst. 110.

(cc) Id. 112.

(dd) Id. 103, 110, 112. 2 Inst. 551.

(f) 4 Inst. 112. 2 Inst. 551, and see the statute 33 Hen. VIII., c. 39, § 56, 7.

(g) 2 Inst. 551. 4 Inst. 112. Plowd. 208, a.

(i) 2 Inst. 551, and see Com. Dig. tit. Courts, D. 2.

(a) Hardr. 365.

(h) Id. ibid.
(k) 1 Price, 309.

and treasurer of the navy, exhibited his bill in this court, and the defendant pleaded his privilege, as one of the six clerks in Chancery, under the great seal; Hale, chief baron, and the court held, that a general privilege as debtor, will not hold against a special privilege; but against a general privilege it will: and a privilege as accountant will hold against a special privilege in another court, as officer of the court or otherwise; though it be not alleged, that he has entered upon his account; and in this case the plaintiff, being treasurer of the navy, is eo ipso an accountant in the Exchequer:(6) But it must be averred, that he is present in court on his account.(c)

The judges of the courts of King's Bench and Common Pleas are, in each court, the Lord Chief Justice, created by writ, and three puisne judges, created by letters patent; who, by the statute 12 & 13 W. III. c. 2., hold their places quamdiu bene se gesserint, and not as formerly, durante bene placito. In the court of Pleas in the Exchequer, the judges are the Chief Baron, and three puisne barons, who are created by letters patent; (d) and were formerly barons and peers of the realm.(e) And, by the statute 1 Geo. III. c. 23., enacted at the earnest recommendation of the king himself from the throne, the judges are continued in their offices during their good behaviour, notwithstanding any demise of the crown, (which was formerly holden(f) immediately to vacate seats,) his majesty having been pleased to declare, that he looked upon the independence and uprightness of the judges, as essential to the impartial administration of justice; as one of the best securities of the rights and liberties of his subjects; and as most conducive to the honour of the crown.(g)

Before the making of the statute 1 & 2 Geo. IV. c. 16. a practice had prevailed, for the judges of the court of King's Bench to sit in Sergeants Inn Hall, some days previous to the commencement of Hilary, Easter, and *Michaelmas terms, and hear special arguments on [ *40 ] demurrers, writs of error, special verdicts, special cases, and new trials, &c., upon which they delivered their opinions, except in cases reserved for further consideration, and judgment was afterwards formally pronounced in the following term.(a) By the above statute, the judges of the court of King's Bench were enabled and required, for the despatch of matters depending in the said court, to sit, at certain times therein mentioned, before Hilary, Easter and Michaelmas terms respectively: But that statute was repealed by the 3 Geo. IV. c. 102., which authorizes his majesty, "by warrant under his sign manual, directed to the judges of the said court, to direct and require the judges of the said court, or any two or more of them, to meet at Sergeants Inn Hall, Westminster Hall, or some other convenient place to be by them appointed, on such and so many days

(b) Hardr. 316, and see Bro. Abr. tit. Privilege, 16, 25. 1 Lutw. 44, 46. Sty. Rep. 339. W. Jon. 288. 2 Salk. 546.

(e) Bro. Abr. tit. Brief, 342, and see Man. Ex. Pr. 143, 4. (d) Mad. 582. 4 Inst. 117.

Steph. Pl. 5, 53, 4, 59, 60.

(e) 4 Inst. 103 in marg., and see Com. Dig. tit. Courts, D. 10. (f) 2 Ld. Ryam. 747. (g) Com. Journ. 3 mar. 1761. And for the salaries of the chief justices of the King's Bench and Common Pleas, see stat. 6 Geo. IV. c. 82, 3, and for those of the Master of the Rolls, Vice-Chancellor, Chief Baron of the Exchequer, puisne judges and barons, see stat. 6 Geo. IV. c. 84. And for the salaries of the judges in India, &c., see stat. 6 Geo. IV. c. 85. (a) 1 Maule & Sel. 304, (a). 2 Maule & Sel. 1, (a). 1 Barn. & Ald. 1, (a). 218, (a). 2 Barn. & Ald. 2,(a) and see 7 Taunt. 192.

in the vacation or interval between any terms, as to his majesty shall seem fit and proper, for the despatch of such matters as, at the end of the term mentioned in such warrant, may be depending in the said court, whether on the crown or plea side thereof: which warrant shall be made and issued ten days at the least before the end of the term preceding the vacation mentioned in such warrant, for the meeting of the judges for the dispatch of business as aforesaid; and the issuing of such warrant shall, three days before the end of the said term, be openly and publicly, in the said court of King's Bench, notified and declared, and be afterwards published in the London Gazette: And when and so often as any such warrant shall be made and directed to the judges of the said court, the same judges, or any two or more of them, are authorized and required, unless prevented by illness, public business, or other reasonable cause to meet, in pursuance of such warrant, for the dispatch of such matters as aforesaid, or of so much and such parts thereof as may appear to such judges chiefly to require dispatch, and as may be then most conveniently dispatched, and to hear, decide, and pronounce rules, orders, and judgments thereupon; which rules, orders and judgments, shall be drawn up and entered of record, either of the term last past before the pronouncing thereof, or as of the term then next ensuing, as the said judges shall direct: And that all enlarged rules to show cause, which may be pronounced or drawn up by, or by the direction of the said court, for showing cause in any term next after any of such sittings directed by such warrant as aforesaid, shall be deemed and taken to be rules to show cause, as well at such sittings, as in the term then next following, and may be heard and decided in such sittings accordingly: Provided, that nothing therein contained shall alter or affect the return of any writ, either mesne or judicial, or require any return of such writ, or appearance thereto, before the day therein men

tioned."(b) *This act of parliament is to be construed liberally, [*41] for the dispatch of business; and therefore, it has been holden that an affidavit sworn during term, is sufficient to bring the subject matter before the court, "as a matter depending in the court," within the terms of the act, and the king's warrant founded thereon.(a)

The judges, upon their circuits, sit by virtue of five several authorities: 1. the commission of the peace: 2. a commission of oyer and terminer: 3. a commission of general gaol delivery: 4. a commission of assize, directed to the justices and serjeants therein named, to take (together with their associates,) assizes in the several counties, that is, to take the verdict of a peculiar species of jury, called an assize, and summoned for the trial of landed disputes: 5. their authority at nisi prius is by the commission of assize,(bb) being annexed to the office of justices of assize, by the statute of Westm. 2, (13 Edw. I.) c. 30, which empowers them to try all questions of fact, issuing out of the courts at Westminster, that are then ripe for trial by jury.(c) And, by a late act of parliament, (d) "whenever it shall happen that the commissions, under which the judges sit upon their circuits, shall not be opened and read, in the presence of one of the quorum commissioners, at any place specified for holding the assizes, on the very day appointed

(b) For the first warrant issued on this statute, see 2 Dowl. & Ryl. 439, (a) and see 1 Barn. & Cres. 288, (a). 657,(a). 2 Barn. & Cres. 112, (a). 3 Barn. & Cres. 178, (a). 738,(a). 5 Dowl. & Ryl. 629, (a). 4 Barn. & Cres. 899, (a). 5 Barn. & Cres. 797,(a). 6 Barn. & Cres. 268, (a). (a) 7 Dowl. & Ryl. 382.

(66) 2 Salk. 454.

(c) 3 Blac. Com. 59.

(d) 3 Geo. IV., c. 10.

for such purpose,, it shall and may be lawful to open and read the same, in the presence of one of the quorum commissioners therein named, on the following day, or, if such following day shall be a Sunday, or any other day of public rest, then on the succeeding day; and such opening and reading thereof shall be as effectual, to all intents and purposes, as if the same had been opened and read, in the presence of one of the quorum commissions, on the very day appointed for that purpose, and shall be deemed and taken to be an opening and reading thereof, on the day for that purpose appointed: and all records and other proceedings, under or relating to any commission, which may be opened and read by virtue of that act, shall and may be drawn up, entered, and made out, under the same date, and in the same form, in all respects, as if such commission had been opened and read on the day originally appointed for that purpose: Provided, that the judges and quorum commissioners are directed and required to have such commissions opened and read, on the very days appointed for that purpose, unless the same shall be prevented for the pressure of business elsewhere, or by some unforeseen cause or accident."

The advocates, or counsel, who next claim our attention, are of two species or degrees; barristers, and serjeants. Before a student can be called to the bar, it is requisite that he should be a member of five years standing, at one of the four principal inns of court; unless he has taken the degree of Master of Arts, or Bachelor of Laws, at one of the universities of Oxford, Cambridge, or Dublin; in which case three years standing will be sufficient; and he must keep at least twelve terms, by dining in commons, or being present at least four days in every term; that is to say, two days in each of two separate full weeks in each term: And, unless [ *42 ] a certificate be produced, of his being a member of the college of advocates in Scotland, or member of one of the said universities of Oxford, Cambridge, or Dublin, he must make a deposit of £100, previously to his entering into commons, which is allowed him on being called to the bar: And, after being called, he must, within six calendar months, take the oaths of allegiance and supremacy, and subscribe the declaration against popery; or, if a roman catholic, the declaration and oath prescribed by the statute 31 Geo. III. c. 32, in one of the courts at Westminster, or at the general or quarter sessions of the place where he shall reside; which oaths may be taken, and the declarations subscribed, in the King's Bench, before a single judge, in the bail court.(a)

Serjeants at law are appointed, or called, at the pleasure of the king, by writ issuing out of chancery; And, by a late act of parliament(b) his majesty may, in vacation, cause a writ to be issued, directed to any barrister, calling him to the degree of a sejeant at law; and such persons as his majesty may be pleased to call, are authorized to take upon themselves that office, in vacation. From both the above degrees, some are usually selected, to be his majesty's counsel learned in the law; the two principal of whom are called his attorney, and solicitor general. And a custom has of late years prevailed, of granting letters patent of precedence, to such barristers as the crown thinks proper to honour with that mark of distinction; whereby they are intitled to such rank and pre-audience, as are assigned in their respective patents; sometimes next after the king's attorney-general, but usually next after his majesty's counsel then being. These (as well as the (4) Stat. 1 Geo. IV., c. 55, § 4.

(b) 6 Geo. IV., c. 95.

queen's attorney and solicitor-general,)(c) rank promiscuously with the king's counsel, and together with them sit within the bar of the respective courts. The king's counsel have a standing salary, and cannot be employed in any cause against the crown, without special license; but those who have merely patents of precedence receive no salaries, and are not sworn; and therefore are at liberty to be retained in causes against the crown.(d)

By a mandate of his late majesty, (e) the king's attorney and solicitorgeneral are now to have place and audience, before the king's premier serjeant; and the following may be considered as the order of precedence, or pre-audience, which obtains among practisers: 1. The king's attorneygeneral: 2. The king's solicitor-general: 3. The king's premier serjeant, (so constituted by special patent:) 4. The king's ancient serjeant, or the eldest among the king's serjeant's: 5. The king's advocate-general: 6. The king's serjeants: 7. The king's counsel, or those who have patents of precedence, with the queen's attorney and solicitor-general: 8. Serjeant's at law: 9. The recorder of London: 10. Advocates of the civil law; and

lastly, Barristers. In the court of Exchequer; two of the most [*43] experienced *barristers, called the postman, and the tubman, (from the place in which they sit,) have also precedence in

motions.(aa)

The officers of the court of King's Bench, on the crown side, are the clerk of the crown, (bb) or king's coroner and attorney, usually called the master of the crown office, who holds his place for life, by letters patent under the great seal, and has the appointment of the secondary, clerk of the rules, examiner, calendar, keeper, clerk of the grand juries, and clerks in court; and, on the plea side, the prothonotary, or chief clerk for enrolling pleas, in civil causes depending between party and party, and particularly by bill;(c) the secondary, or deputy to the chief clerk, usually called the master of the King's Bench office, and his assistant; the clerk of the treasury;(d) the keeper of the writs and records of the court, commonly called the custos brevium, (e) who has annexed to his office, the making up of records of nisi prius, except in Middlesex; the filacer, (f) exigenter, and clerk of the outlawries,(g) for proceedings by original writ; the signer of writs, and signer of bills of Middlesex; the clerk of the rules; the clerk of the papers;(h) the clerk of the declarations; the clerk of the common bails, posteas, and estreats; the clerk of the dockets, commitments, and satisfactions; the clerks of the inner and upper treasury; the clerk of the outer treasury; the clerk of nisi prius in London, and other cities, and on the several circuits; the clerk of nisi prius for Middlesex; the clerk of the errors; and bag bearer, on the plea side of the court.

Before the making of the statute 6 Geo. IV. c. 82, the several offices of chief clerk, clerk of the treasury, and custos brevium, and filacer, exigenter, and clerk of the outlawries, of the court of King's Bench, were in

Seld. tit. hon. 1, 6, 7.

14 Dec. 1811.

(d) 3 Blac. Com. 27, 8.
(aa) 3 Blac. Com. 28.

(bb) Show. P. C. 111, and see Cas. temp. Talb. 97. (c) 1 Ch. Cas. 20. Show. P. C. 111. Skin. 354. (d) This officer is required to appoint a person to attend in the treasury, that the clerks may have access to the rolls. R. T. 1656, reg. 2, K. B. (e) 1 Lev. 1. 1 Sid. 74.

(f) This officer is appointed to sign original writs, and all writs and process issuing thereon, before the appearance of the defendant. R. H. 30 Car. II., R. H. 31 Car. II., and R. E. 31 Car. II. K. B. See also R. M. 15 Car. I. K. B., and Trye's jus fil. per tot.

(9) Trye, in pref.

(h) 1 Vent. 296. 2 Mod. 95, S. C.