KING'S BENCH. The name of the supreme1 court of law in England. It is so called because formerly2 the king used to sit there in person, the style of the court being still coram ipso rege, before the king himself. During the reign3 of a queen, it is called the Queen's Bench, and during the protectorate of Cromwell, it was called the Upper Bench. It consists of a chief justices and three other judges, who are, by their office, the principal coroners and conservators of the peace. 3 Bl. Com. 41.
2. This court has jurisdiction4 in criminal matters, in civil causes, and is a supervisory tribunal to keep other jurisdictions5 within their proper bounds.
3. - 1. Its criminal jurisdiction extends over all offenders6, and not only over an capital offences but also over another misdemeanors of a public nature; it being considered the custos morum of the realm. Its jurisdiction is so universal that an act of parliament appointing that all crimes of a certain denomination7 shall be tried before certain judges, does not exclude the jurisdiction of this court, without negative words. It may also proceed on indictments8 removed into that court out of the inferior courts by certiorari.
4. - 2. Its civil jurisdiction is against the officers or ministers of the court entitled to its privilege. 2 Inst. 23; 4 Inst. 71; 2 Bulstr. 123. And against prisoners for trespasses9. In these last cases a declaration may be filed against them in debt, covenant10 or account: and this is done also upon the notion of a privilege, because the common pleas could not obtain or procure11 the prisoners of the king's bench to appear in their court.
5. - 3. Its supervisory powers extend, 1. To issuing writs12 of error to inferior jurisdictions, and affirming or reversing their judgments13. 2. To issuing writs of mandamus to compel inferior officers and courts to perform the duties required of them by law. Bac. Ab. Court of King's Bench.
KINGDOM. A country where an officer called a king exercises the powers of government, whether the same be absolute or limited. Wolff, Inst. Nat. 994. In some kingdoms the executive officer may be a woman, who is called a queen.
KINTLIDGE, merc. law. This term is used by merchants and seafaring men to signify a ship's ballast. Mere14. Dict.
KIRBY'S QUEST. An ancient record remaining with the remembrancer of the English Exchequer15, so called from being the inquest of John De Kirby, treasurer16 to Edward I.
KISSING. Kissing the bible is a ceremony used in taking the corporal oath, the object being, as the canonists say, to denote the assent17 of the witness to the oath in the form it is imposed. The witness kisses either the whole bible, or some portion of it; or a cross in some countries. See the cerermony explained in Oughton's Ord. Tit. Consitt. on Courts, part 3, sect18. 1, 3 Junkin on the Oath, 173, 180; 2 Evan's Pothier, 234.