_L._ To the King’s Bench also, I think, belongeth the hearing and determining of all manner of breaches of the peace whatsoever, saving always to the King that he may do the same, when he pleaseth, by commissioners. In the time of Henry III and Edward I (when Bracton wrote) the King did usually send down every seven years into the country, commissioners called justices itinerant, to hear and determine generally all causes temporal, both criminal and civil; whose places have been now a long time supplied by the justices of assize, with commissions of the peace of _oyer_ and _terminer_, and of gaol-delivery. _P._ But why may the King only sue in the King’s Bench or Court of Common Pleas, which he will, and no other person may do the same? _L._ There is no statute to the contrary, but it seemeth to be the common-law. For Sir Edward Coke (IV_th Instit._), setteth down the jurisdiction of the King’s Bench; which, he says, has: first, jurisdiction in all pleas of the Crown. Secondly, the correcting of all manner of errors of other justices and judges, both of judgments and process, except of the Court of Exchequer, which, he says, is to this court _proprium quarto modo_. Thirdly, that it has power to correct all misdemeanours _extrajudicial_, tending to the breach of the peace, or oppression of the subjects, or raising of factions, controversies, debates, or any other manner of misgovernment. Fourthly, it may hold plea by writ out of the Chancery of all trespasses done _vi et armis_. Fifthly, it hath power to hold plea by bill for debt, detenue, covenant, promise, and all other personal actions. But of the jurisdiction of the King’s Bench in actions real he says nothing; save, that if a writ in a real action be abated by judgment in the Court of Common Pleas, and that the judgment be by a writ of error reversed in the King’s Bench, then the King’s Bench may proceed upon the writ. _P._ But how is the practice? _L._ Real actions are commonly decided, as well in the King’s Bench, as in the Court of Common Pleas. _P._ When the King by authority in writing maketh a Lord Chief Justice of the King’s Bench; does he not set down what he makes him for? _L._ Sir Edward Coke sets down the letters-patent, whereby of ancient time the Lord Chief Justice was constituted, wherein is expressed to what end he hath his office; _viz. pro conservatione nostra et tranquillitatis regni nostri, et ad justitiam universis et singulis de regno nostro exhibendam, constituimus dilectum et fidelem nostrum_ P.B. _Justitiarium Angliæ, quamdiu nobis placuerit, Capitalem, etc._: that is to say, for the preservation of ourself, and of the peace of our realm, and for the doing of justice to all and singular our subjects, we have constituted our beloved and faithful P. B. during our pleasure, Chief Justice of England, &c.