Law Courts 177
L, the Treasurer ceased to have anything to do with the
Exchequer's judicial business, and a Chief Baron became
the presiding officer of the court.1 With but slight
changes, the Court of Exchequer remained as it was organ-
ised in this reign down to its absorption in the High
Court of Justice in 1873. Early in the seventeenth cen-
tury, the finance department had become completely
separated from it. But it should be remembered that
this department is as straight a descendant from the
original Exchequer as the court, and that the term Ex-
chequer is as properly applied to it.
It was the great extension of the king's judicial business
in the reign of Henry II. and the period following which
developed a common-law court out -of the original Ex-
chequer. The same cause brought forth the other two
common-law courts. The first definite and puiposeful
move towards the creation of a central court in the modern
sense of the word was wiien Henry II., in 1178, designated
from his council or official household a body of five men,
clerks and laymen, who were to devote themselves ex-
clusively to doing justice. It was a specialisation;2 the
increasing judicial work could not be left to the occasional
and unskilled performance of tenants-in-chief. And yet
it was, in a way, subordinate to this very group; it was
provided that matters too hard for it were to be brought
to the audience of the king and his counsellors. This
body of judges became known as the Bench, from the na-
ture of their seat when doing justice. Until the reign of
John, there was little further development of the court.
This king often had, when travelling, a party of justices
in his train, his council in whole or in part, who did justice
1 The Chancellor of the Exchequer also never became a common-law
judge; he was connected onty with that Exchequer which was a revenue
department. An interesting instance of survivals is that the Chancellor
of the Exchequer was regarded as technically entitled to sit as a judge
with the "Barons," and a newly appointed Chancellor might as a matter
of form so sit and hear a few cases. This down to 1875.
2 It was not a complete specialisation to begin with; any of the five
might at the same time be Barons of the Exchequer and attend to vari-
ous lands of king's business.