King-s-bench Sentence Examples
Thus the court of king's bench (curia regis de banco) was founded, and the foundation of the court of common pleas was provided for in one of the articles of Magna Carta.
Being brought before the bar of the House of Lords he made submission as to his conduct in declaring parliament dissolved by the prorogation, and in violating the Lords' privileges by bringing a habeas corpus in the King's Bench.
His petition to the king for a trial by his peers on this indictment was refused, and an attempt to prosecute the publishers of the false evidence in the king's bench was unsuccessful.
Charles directed a writ quo warranto against the corporation of London in 1683, and the Court of King's Bench declared its charter forfeited.
His brother, Sir John Lenthall, who, it was said, had too much influence with him, was notorious for his extortions as keeper of the King's Bench prison.Advertisement
For a time he was confined as a debtor in the king's bench prison.
The president of the king's bench division of the High Court is styled Lord Chief Justice.
They arrived in December 1676, and the case was tried before the Lords Chief Justices of the King's Bench and Common Pleas in April 1677.
Soon after the accession of Mary he was arrested on a charge of sedition, and confined in the Tower and the king's bench prison for a year and a half.
He died in the King's Bench prison, Southwark, where he was confined for debt, in 1558.Advertisement
On the 10th of February 1595 he was tried before the court of King's Bench on the charge of treason, and was hanged at Tyburn on the following day.
On the abolition of that court by the Judicature Act 1873, the jurisdiction was transferred to the common pleas division, and again on the abolition of that division was transferred to the king's bench division, in whom it is now vested.
The rota of judges for g the trial of election petitions is also supplied by the king's bench division.
His eldest daughter, Margaret (1505-1544), married to William Roper (1496-1578), an official of the court of king's bench and a member of parliament under Henry VIII., Edward VI.
He had been committed to the king's bench prison on the ridiculous charge of libelling the Church in his Paraphrase on the New Testament, and was tried before Jeffreys on this accusation.Advertisement
The House of Commons declared this latter pamphlet a breach of privilege; its author was arrested on the 14th of December 1819, and in spite of an appeal to the court of king's bench he remained in custody until the end of the following February.
He was consequently imprisoned in the King's Bench prison on the 26th of March 1554.
He was a descendant of an old Devonshire family of high standing, the third son of Sir John Pratt, chief-justice of the king's bench in the reign of George I.
The king's bench represented the original stock of the curia regis, and its chief justice the great justiciar.
Before the Judicature Act the king's bench and the common pleas were each presided over by a lord chief justice, and the lord chief justice of the king's bench was nominal head of all the three courts, and held the title of lord chief justice of England.Advertisement
The titles of lord chief justice of the common pleas and lord chief baron were abolished by the Judicature Act 1873, and all the common law divisions of the High Court united into the king's bench division, the president of which is the lord chief justice of England.
The death of Sir Thomas Fleming made a vacancy in the chief justiceship of the king's bench, and Bacon, after some deliberation, proposed to the king that Coke should be removed from his place in the court of comman pleas and transferred to the king's bench.
The first case was an action of praemunire against the court of chancery, evidently instigated by him, but brought at the instance of certain parties whose adversaries had obtained redress in the chancellor's court after the cause had been tried in the court of king's bench.
In the case of imprisonment on accusation of crime the writ issued from the court of king's bench (or from the chancery), and on its return the court judged of the legality of the imprisonment, and discharged the prisoner or admitted him to bail or remanded him to his former custody according to the result of the examination.
Though the authority of the courts had been strengthened by the Petition of Right and the act of 1640, it was still rendered insufficient by reason of the insecurity of judicial tenure, the fact that only the chancellor (a political as well as a legal officer) and the court of king's bench had undoubted right to issue the writ, and the inability or hesitation of the competent judges to issue the writ except during the legal term, which did not cover more than half the year.Advertisement
The writ has in past times been issued from the English court of king's bench into Ireland; but does not now so issue.
The court of king's bench has also issued the writ to the king's foreign dominions beyond seas, e.g.
An order of the council for the payment of money out of the borough fund must be signed by three members of the council and countersigned by the town clerk, and any such order may be removed into the king's bench division of the High Court of Justice by writ of certiorari, and may be wholly or partly disallowed or confirmed on the hearing.
Rowland's second son, Sir Robert Berkeley, the king's bench justice who supported the imposition of ship-money, was ancestor of the Berkeleys of Spetchley, now the only branch of the house among untitled squires.
In this latter passage Lord Coke records how, notwithstanding an agreement asserted to have been made in 1575 between the justices of the King's Bench and the judge of the admiralty, the judges of the common law courts successfully maintained their right to prohibit suits in admiralty upon contracts made on shore, or within havens, or creeks, or tidal rivers, if the waters were within the body of any county, wheresoever such contracts were broken, for torts committed within the body of a county, whether on land or water, and for contracts made in parts beyond the seas.
For his conduct in signing the advertisement soliciting subscriptions for the relief of the relatives of the Americans " murdered by the king's troops at Lexington and Concord," he was tried at the Guildhall on the 4th of July 1777, before Lord Mansfield, found guilty, and committed to the King's Bench prison in St George's Fields, from which he only emerged after a year's durance, and after a loss in fines and costs amounting to X1 200.
He gives several reasons for this in his letter to the king, but in all probability his chief motive was that pointed out by Spedding, that in the court of king's bench there would be less danger of Coke coming into collision with the king on questions of prerogative, in handling which Bacon was always very circumspect and tender.
In the chancery division such remuneration is generally in the proportion of one half of the fee which the client pays; "in the king's bench division remuneration for ` devilling ' of briefs or assisting in drafting and opinions is not common" (see Annual Practice, 1907, p. 717).