Bancus

Lat. In old English law and practice. A bench, or high seat; a seat of judgment, or tribunal for the admihistration of justice. See Bench. The original name of the English Court of Common Pleas; afterwards distinguished as communis banctis, the common bench. See infra. Justitiarii de banco; justices of the bench. Bract, fol.

149, 353 b.

Justitiarii residentes in banco; justices sitting in the bench. Id. ibid.

Id, foL 105 b, 108.

Coram justitiariis in banco residentibus, Glanv, lib.

11, c. 1.

Id. lib.

2, c. 6.

Dies in banco; a day in the bench. Bract, fol.

353 b, 360, 361.

See Dies in banco. Ad bancum; at, or to the bench. Id. fol.

351, 353 b, 360 b.

A staU, bench, table or counter on which goods were exposed for sale. Domesday, cited in Cowell, A seat, or place of residence. See Francus bancus, Bancus appears as the distinctive name of the court afterwards known as the Common Bench (and in modem times as the Common Pleas,) soon after the Conquest, the appellation being probably derived from the stationary character of the court, which was permanently held at Westminster. Maddox Hist. Excheq.

539. 1 Beeves" Hist. Eng, Law, 57 — 59.

It is constantly mentioned under this name by Bracton, as will appear from the references given in the definition («tfpnz)» being a very few of the passages in which the word occurs. The same author describes very clearly its orpranization and jurisdiction, distinguishing it from the king's own court, (or aula regia,) properly so called. Hahet enim plures curias, &c.; the king has several courts in which divers actions are determined, and of these courts he has one of his own, (habet unam propriam,) to wit, the aula regia, and chief [or supreme] justices who determine the king's own causes, and those of all other persons by plaint or by privilege, Ac. He has also a court, and justices sitting in bench, {hahet ettam curiam, et justitiartos in banco residentes,) who have cognizance or jurisdiction of all pleas, which they are authorized to take cognizance of, and without warrant they have no jurisdiction or power. Bract, fol.

105 b.

So again, he describes the justices of the latter court as certo loco residentes, sicut in banco, (sitting in a certain place, as in the bench.) Id, fol.

108.

Hence the justices of this court were always described as justitiarii de banco, justices of the bench, or more fully, as justitiarii regis de banco apud Westtnoncutenum, the king's justices of the bench at Westminster, which is the proper technical title of the justices of the common pleas at the present day. Bract, fol.

149, 353 b. j Reg. Grig, 19, et passim. Gilb. Hist. C. Pleas, 1.

Towns. PI.

211.

After the dissolution of the aula regia, the court which took its place as the highest tribunal in the kingdom, assumed also the name of bancus, being further designated as bancus regis, (q. v.) the king's bench, to distinguish it from the original bancus, which was now called communis bancus, (q. v.) the common bench; the two courts being spoken of as the benches, {band.) Stat. Westm. 2, c.

30.

From this time the judges of these courts are described as justitiarii deutroque banco, or utriusque banci, justices of either bench, and in the Register certain writs are said to be returnable coram justitiariis domini regis de uno banco vel altero; before the king's justices of one or the other bench.

Reg. Grig. 199.

So the clerks were said to be of the one bench and of the other, {c Urs de lun bancke et de lautre.) Britt. c.

21.

In modem times, the Comm^on Bench has dropped the word by which it was at first exclusively designated, and is now generally known as the Court of Common Pleas; although the title "Common Bench^* is still retted in the reports.

1 Reeves' Hist. Eng. Law, 245.

See Common Pleas, Bench.