Court of king's bench


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Related to Court of king's bench: Chancery Division

COURT OF KING'S BENCH. The name of the supreme court of law in England. Vide King's Bench.

References in periodicals archive ?
As Professor Fischer explains, this fallacy occurs "whenever the historian declares that 'there is no evidence that X is the case,' and then proceeds to affirm or assume that not-X is the case." (31) The Boumediene majority suggests that there is no evidence that Lord Mansfield or the other judges of the Court of King's Bench were applying the requirements of the law.
When Henry, vicar of Swalcliffe appeared before the court of King's Bench in 1388 to respond to allegations of abducting Alice wife of John Wyatt and goods belonging to her husband, the story he presented demonstrates that some husbands might have reacted violently to the very suggestion of desertion on these grounds.
These were (1) the Court of King's Bench, whose authority originated in the royal right to preserve the peace and which, as a result, had unlimited criminal jurisdiction, that is, authority to try all cases involving appeals of felony and breaches of the peace.
By the 16th century these two exceptions provided a loophole sufficiently large that a substantial number of legal actions via bill were undertaken in the Court of King's Bench, including actions for debt and covenant, which, being private, were ordinarily the prerogative of the Court of Common Pleas.
From this principle alone the court of king's bench in England derives the power of issuing the writs of mandamus and prohibition.
issuing out of the court of king's bench not only in term-time, but also during the vacation, by a flat from the chief justice or any other of the judges, and running into all parts of the king's dominions: for the king is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted." (38)
200 YEARS AGO: Yesterday the Earl of Thanet and Mr Fergusson attended the Court of King's Bench, in expectation of receiving sentence for the attempt to rescue O'Connor at Maidstone, of which they had been found guilty on a trial at Bar.
James wished that jurisdictions were clearly limited so that in any case in which a court overstepped its jurisdiction there would be clear grounds for a prohibition from the court of King's Bench, or even more appropriately from Chancery (here James signaled the preference so important in his decision of 1616).
Treating the Court of King's Bench power to review justice of the peace behavior, he concludes that misbehaving rural justices were rarely constrained when they abused their power.
For several decades interpretive studies have been moving away from the centre and into the counties, boroughs and parishes of England, but two aspects of Halliday's study offer something new: his view of partisan politics from the towns themselves, and his extensive case studies based on rarely used sources drawn from rolls and order books of the Court of King's Bench which adjudicated legal concerns issuing forth from corporations.
`The high spirit and strong passions of Lady Henrietta,' Macaulay wrote, `broke through all restraints of virtue and decorum' and `a scene unparalled in our legal history was exhibited in the Court of King's Bench. The seducer appeared with dauntless front, accompanied by his paramour .
London and Middlesex, KB 15/22, 1736-1745; Court of King's Bench Crown Side.