William Blackstone lectured on law at Oxford University in 1753. As a result, the first professorship of English law was established. His lectures were published in 1769 as the "Commentaries on the Laws of England". They greatly influenced the American colonists and were the basis of legal education in England and America for years. They were comprehensive and covered real property, crime and punishment, court procedure, contract, corporations, and commercial law. He wrote "The Great Charter and Charter of the Forest" in 1759.
Judicial Procedure
For actions under 10 pounds in a superior court and actions under 40s. in an inferior court, the offender shall be served with process to appear in court rather than being arrested. For money at issue, an affidavit shall be taken. No more money may be taken for bail than the amount at controversy. This is to prevent frivolous and vexatious arrests. Perjurers, forgers, those involved in barratry or suborning perjury, and pretenders practicing as attorneys or solicitors in the courts of law or equity shall be transported for seven years to the American colonies. Unqualified people acting as attorneys or solicitors in the county court shall forfeit 20 pounds.
No one may practice as an attorney in the courts of King's Bench, Common Pleas, or Exchequer until he has been examined by a judge of such court on his fitness and qualifications and has taken the oath to honestly demean himself and practice according to his best knowledge and ability. The same applies to a solicitor in the equity courts. This shall not exclude persons who have been bound to an attorney or solicitor for four years. Attorneys and solicitors, with consent of an attorney of another court, may participate in proceedings of such other court. No attorney may have more than two clerks bound to him at one time. Attorneys may be admitted as solicitors and vice-versa.
There were twelve common law justices of the Court of the King's Bench, Court of Common Pleas, and Court of the Exchequer. The Chief Justices of all of these courts were paid partly from fees paid to the court. The other Justices of these courts were paid completely by salary, which in 1759 was well over 500 pounds per year. These justices were to continue in office even after a king died and could be removed only for good cause upon the address of both houses of Parliament. The officers of these courts were attorneys. There was one justice at Doctors' Commons. The two chancery justices (since Edward I) were the Lord Chancellor and the Master of the Rolls. The salary of the eleven masters of the court of chancery in 1765 was 400 pounds per year. The officers of this court were solicitors.
Appeals from the Exchequer could be made to a court of the King's Bench and Common Pleas combined. Appeals from Common Pleas could be made to the King's Bench. Decisions of the King's Bench and other common law courts could be appealed to Parliament.
The common law courts rode circuit twice a year in five circuits and once a year in the north circuit. So an accused person could spend up to a year in gaol waiting for trial. Few prisoners were granted bail. In each common law court, the law justices in banc would hear demurrers [contentions that the other party was wrong in the law]. No one with an interest in a suit, including the plaintiff and the defendant, could give evidence. There was no power to amend pleadings, so misspelling of the defendant's name, for instance, could result in dismissal of the suit. In 1730, the pleadings and indictments ceased to be in Latin. Compurgation still existed for debt and detinue.
Writs of error at variance from the original record or otherwise defective may be amended to correct the defect by the court where such writ is returnable. No judgment is to be reversed for any defect in any bill or writ, excepting an appeal of felony or murder, or misdemeanor. This is to prevent delays of justice. Justices of the Peace may correct defects of form on appeals to them.
Plaintiffs neglecting to go to trial after an issue has been joined may be nonsuited.