Capitalis Jufticiarius totius Anglia, was created by letters patent, but Edw. I. among other alterations ordained, that he should be created by writ, as is in use at this day.

The antient dignity of this fupreme magiftrate was very great. He had the prerogative to be vicegerent of the king dom, when any of our kings went beyond fea, being generally appointed to this office out of the greatest among the nobility, And he enjoyed that power alone, which was afterwards diftributed among other great magiftrates; that is, he had

ree

the power of the Chief Juftice had

of the Common Pleas, of the Chief Baron of the Exchequer, and of the Mafter of the Court of Wards. And he commonly fate in the king's palace, and there executed that authority which was formerly performed per comitem palatii, in determining differences which happened between the barons and other great perfons of the kingdom, as well as caufes criminal and civil between other

men.

But

But the power of this great officer became at length dangerous to government, and obnoxious to the baronage. And as the Aula Regis was obliged to follow the king's household wherever it removed, fo that fuits were attended with great delay and expence, it was thought right to appoint two other Juftices; to each whereof were affigned a diftinct jurifdiction, viz. to one the North parts of England, and to the other the South. And in the reign of Edw. I. thefe divided jurifdictions were reduced to one court; with a farther abridgment of their greatness, both as to the dignity of the Judges, and the extent of their jurifdiction, for thefe Judges were no longer chofen out of the nobility as formerly, but out of the commons, who were men of integrity, and fkilful in the Laws of the

Land.

The jurifdiction of this court, however, is ftill very extenfive. The Juftices of the King's Bench are fovereign juftices of oyer and terminer, gaol delivery, and of eyre, and the fupreme confervators of the peace,

and coroners of the land; and their jurifdiction is general all over England.

The Juftices of the King's Bench have a fovereign jurisdiction over all matters of a criminal and a public nature, judicially brought before them; to give remedy either by the Common Law, or by Statute; and their power is original and ordinary; when the king hath appointed them, they have their jurifdiction from the Law.

Whatever crime is against the public good, though it doth not injure any particular person, comes within the cognizance of the juftices of this court; and no fubject can fuffer any kind of unlawful violence or injury against his perfon, liberty, or poffeflions, but he may here have a proper remedy, not only by way of fatisfaction in damages, but by the exemplary punishment of the offender: for this court is confidered as the cuftos morum of all the fubjects of the realm.

It

It is in the difcretion of this court to inflict fine and imprisonment, or infamous punishment on offenders: and they may commit to any prison they think fit; and the Law doth not fuffer any other court to remove or bail any perfons imprisoned by them. Nevertheless this court may grant a babeas corpus to relieve perfons wrongfully imprisoned, and may bail any perfon whatever.

This court formerly exercised authority only in criminal matters, and pleas of the crown; but now it is divided into a crown fide and a plea fide; the one deter mining criminal, and the other civil causes.

1

BOOK

IN

BOOK II

CHAPI

Of Crimes.

N proceeding to treat of our Criminal Laws, it will be proper, in the first place, to fay fomething of the Nature, Source, and Degrees of Crimes.

SECT. I.

Of the Nature of Crimes.

HE word Crime, in our language, is

TH

< often used with vague and indifcriminate application. It is frequently taken as fynonimous with Sin, Offence, Transgreffion, &c.

Hobbes, however, diftinguishes between a Crime and a Sin. All Crimes, fays he,