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Legal Definitions - capitalis justiciarius banci
Definition of capitalis justiciarius banci
The term capitalis justiciarius banci is a historical Latin phrase that translates to "chief justice of the bench." It specifically referred to the presiding judge of the Court of Common Pleas in medieval England, a position of significant judicial authority established around the 13th century. This individual was responsible for overseeing civil disputes between subjects, as distinct from criminal cases or matters involving the Crown.
Example 1: Overseeing Civil Disputes
Imagine a scenario in 14th-century England where two landowners are embroiled in a dispute over the rightful ownership of a parcel of farmland. This civil matter, concerning property rights between private citizens, would have been brought before the Court of Common Pleas. The capitalis justiciarius banci would have been the most senior judge presiding over this court, responsible for ensuring proper legal procedure, interpreting the relevant common law, and guiding the court's decision in such a land dispute. This illustrates the term by showing the specific type of civil case and the authoritative role the chief justice of this court would handle.
Example 2: Shaping Legal Precedent
When legal historians study the development of English common law, they often examine the records and significant rulings made by the Court of Common Pleas. The judicial philosophy and interpretations of the capitalis justiciarius banci during different periods would provide crucial insight into how legal principles evolved regarding contracts, debts, and property. For instance, a scholar might analyze how a particular chief justice's decisions in the 13th century helped solidify the legal framework for commercial agreements, thereby influencing future generations of legal practice. This example highlights the historical impact and the individual's role in shaping legal precedent.
Example 3: Distinguishing Jurisdictions
Consider a situation in medieval England where a local baron was accused of a serious crime like murder, which would typically involve the King's peace. Such a case would likely be heard in the Court of King's Bench, which dealt with criminal matters and those directly affecting the monarch. In contrast, if the same baron was involved in a lawsuit with a merchant over an unpaid debt, that civil financial dispute would fall under the jurisdiction of the Court of Common Pleas, presided over by the capitalis justiciarius banci. This distinction clarifies the specific jurisdiction of the Court of Common Pleas and the unique role of its chief justice, separating their responsibilities from those of other high judicial officers of the time.
Simple Definition
Capitalis justiciarius banci is a Latin term that translates to "Chief justice of the bench." Dating from the 13th century, this title specifically referred to the chief justice of the English Court of Common Pleas.