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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	death_n	great_a	king_n	2,913	5	3.6168	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77472	A brief state of the case and tryal had in the Kings Bench, in the assize brought for the Office of Chief Clerk for inrolling of pleas in the said court; between William Bridgeman, Esq; plantiff; and Rowland Holt, Esq; and Edward Coleman, Gent. defendants	Bridgeman, William, Esq.; Holt, Rowland, Esq.; Coleman, Edward, gent.; England and Wales. Court of King's Bench.	1694 (1694)	Wing B4648A; ESTC R211057	7,199	8

Wightwicke dyed soon after and Sir Robert Henly enjoyed it under that Grant 32 year Note In every one of these Records except the last after the mention of the Surrender to the Chief Justice are these words To whom of Right it doth belong to grant that Office to whomsoever he pleaseth when it shall be void c. It was then insisted by the Defendants and proved that there was three Officers considerable in the Court of Kings Bench all of the nature of Clerks The first and chiefest is the Clerk of the Crown called sometimes Coronator Attornat Domini Regis c. His business is to draw all Indictments Informations c. in Pleas of the Crown and Criminal matters This Officer being the Chief Clerk in this Court is always made by Patent under the Great Seal The second Officer is this Prothonotary or Chief Clerk for enrolling Pleas between party and party in Civil matters He and his Under Clerks enroll all Declarations Pleadings c. in Civil Causes especially where the proceedings are upon Bill This Officer files in his Office all Bills Declarations c. and all the Writs of this Court in Civil matters are made by him and his Under Clerks and tested by the Chief Justice and he hath the custody of all Returns of Elegits Executions Scire fac.'s and the fileing all Bails All which are in the eye and Judgment of the Law in the hands of the Chief Justice whose Clerk in truth this Officer is The third Officer is the Custos Bre. who keeps all the Rolls and Records of Judgments in this Court which are yet said to be in the Custody of the Chief Justice and this Office is in the gift and disposal of the Chief Justice when void It was further shewed by the Defendants that in the Stat. of E. 6. against the Sale of Offices c. there is yet a Salvo to the two Chief Justices and Justices of Assize to dispose of the Offices in their disposition as they used formerly and ever since that Statute these Offices of Chief Clerk to enroll the Pleas c. and the Custos Bre. have without controll been disposed by the Chief Justice of this Court and are in truth the only considerable Offices in his gift It was observed that in the Grant of this Office to Mr. Bridgman the Plaintiff it is recited that Henly and Wightwicke were debit modo admitted to this Office yet they never had any Grant from the Crown nor no other Grant save that of the Chief Justice before-mentioned And then to prove that the Defendants have a good Title to the Office the Grant of the now Chief Justice to them for their lives was produced and proved that they were admitted and sworn in Court To answer all this Evidence The Plaintiffs Council produced the Copy of an Act of Parliament which was made 15 E. 3. to this effect It is consented that if any of the Offices aforesaid which are other great Offices mentioned in the Act or the Controller or Chief Clerk in the Common Bench or Kings Bench by death or other cause be ousted of their Office the King with the consent of the great men e. shall put another fit person in such Office From whence the Plaintiffs Councel would infer that the King had a right to grant this Office and that this Act was declaratory of such his right and that all the Grants by the Chief Justices since were but usurpations on the Crown but no usage of granting it by the Chief Justices how long soever such usage hath been would prevail against the Kings right To this the Defendants answered That this Act was repealed which appears by the Statute of 17 E. 3. Note The reasons of the Repeal are expressed because the said Statute of 15 E. 3. is contray to the Law and Usages of the Realm and the Rights and Prerogatives of the King But for a full and plain answer Stat. 2 H. 4. made against the extortion of this Officer on the Crown side calls him Clerk of the Crown they shewed that the Office in question was not the Office mentioned in that Act for that Act mentions the Chief Clerk in the Kings Bench which is the Clerk of the Crown who is not only called the Chief Clerk but in reallity is the Chief Clerk in that Court and hath the precedency of this Officer both in Court and elsewhere And the Officer whose Office is now in question was never so much as called Chief Clerk in the Kings Bench But it 's true he is the chief of those Clerks that are for the inrolling of Civil Pleas in that Court and therefore is called Chief Clerk for the inrolling of Pleas to distinguish him from the Under Clerks whose business is likewise to inroll Pleas there And the Defendants further insisted that the usage doth demonstrate that this Chief Clerk in the Kings Bench in that Act named and intended was the Clerk of the Crown in that Court for that Office hath ever since been granted when void by the Kings Letters Patents and that it was not this Officer that is named and intended by that Act for that this Office was never enjoyed one day by vertue of any Grant from the Crown And the Defendants further insisted that it was a scandal and unworthy imputation upon all those Chief Justices persons of clear and unspotted reputations to suggest that they would impose upon the Crown and usurp upon it if the right of granting this Office had been in the Crown And Sir Robert Heath that was then the Kings Sollicitor took a grant of the Office in question from the Chief Justice and upon his Admittance the Chief Justices Right of granting is asserted upon Record And all this Evidence on both sides being given and fully heard the Court briefly summed up the same and particularly the Evidence of the Act 15 E. 3. and what was urged from the same by the Plaintiff and the Defendants answer thereunto and left the matter to the Jury upon the whole Evidence And this at the desire of the Plaintiffs Councel The Jury withdrew and after some time of Consideration gave a Verdict for the Defendants Upon this Verdict given the Plaintiffs Councel prayed leave to bring in a Bill of Exceptions and after several days meeting by the Plaintiffs Councel they produced in Court and tendred to the three Judges to be sealed a Parchment writing which they called a Bill of Exceptions formed in such a manner and stuffed with such matter as was never before known and is hoped that for the honour of Justice and for the sake of Property will never again be offered in any case In which after a recital of the Record of the Declaration and Issue in the Cause it is alledged that the Plaintiffs Councel produced in Evidence the Grant of the Office to the Plaintiff and shewed to the Court and Jury that the Office is of the grant of the and Crown

that to make out the right of King Charles II. to grant this Office to the Plaintiff they gave in Evidence the Act of 15 E. 3. which in the Bill is set out at large and is in substance as is herein before set forth and in the Bill it is alledged that the Justices refused to allow admit and receive the allegations and matters given in Evidence as sufficient to prove the Plaintiffs Title to this Office by reason whereof the Jury found the Defendants did not disseise the Plaintiff And the Bill prays that the Justices would put their Seals thereunto according to the Staute of Westm 2. And the Justices upon reading the Bill of Exceptions refused to Seal it and that upon very good reason The matter and ground of that Bill being false idle and frivolous 1. Because it is therein positively asserted that Mr. Attorney and others the Plaintiffs Councel did besides the Patent in question and the Act of 15 E. 3. shew to the Court and the Recognitors of the Assize that the Office was of the gift and grant of the King of England whensoever it should be void But there was no Evidence to shew any such Right in the King unless the Councels affirmation without proof as well as reason shall be accounted a demonstration 2. The allegation in the Bill is that the Justices refused to allow admit and receive the Allegations and Matters given in evidence for the Plaintiff as sufficient to maintain his Title if it be thereby intended that those matters shewed by the Plaintiff in the Tryal of the Cause were not by the Judges allowed and admitted to be Evidence or to be given as Evidence This is notoriously false in Fact for as they were given in Evidence by the Plaintiff so they were summed up by the Court in their directions to the Jury as part of the Plaintiffs Evidence together with the Defendants answer to them But if by that Allegation in the Bill it is intended that the Court did not allow these matters shewed by the Plaintiff at the Tryal to be a sufficient evidence to maintain his Title this is as frivolous as the other was false For it 's not the business of the Court in Tryals to determine what Evidence is sufficient to maintain the Title in question that is the work of the Jury unless it be referred to the Court upon a Demurrer to the Evidence in which case the Jury is discharged which was not in this Case But the matter upon the Plaintiff and Defendants Evidence was left fairly to the Jury both for the truth and validity of it as in such Cases it ought to be and they having found the Defendants did not disseise the Plaintiff if the Plaintiff conceive himself aggreived he hath a plain remedy by an Attaint wherein the truth or falsity sufficiency or insufficiency both of the Plaintiffs and Defendants evidence will be fairly tryed again by another Jury V. Stat. VVest 2. C. 31. But no Bill of Exceptions will lye in such Case by the Statute when the Evidence given is admitted as evidence and left to a Jury by the Court. And then to mend the matter It is alledged as a fault of the Judges that they did not admit of Allegations together with the matters given in evidence as sufficient to maintain the Plaintiffs Title whereby it plainly appears that the Plaintiffs Council would not rely upon the evidence given but they were forced to supply the defect of it by bare Allegations And this is the first time that ever Allegations were thought of any force to make out a Title or to supply the defect of evidence And if this should be admitted mens Titles may easily be defeated By all which considerations and divers other reasons it will appear that this pretended Bill of exceptions is groundless false and impertinent And if the Justices had not refused to seal it they had done an apparent injustice to the Defendants It is next to be considered that unless the Judges or one of them had sealed it the matter of it cannot be examined upon a writ of Error for it is the Justices sealing makes it assigneable upon Record for so doth the Statute of Westm 2. require And if it be objected that then it will be in the power of the Judges by refusing to seal the Bill to deprive the party of the benefit of the Statute It is answered Resp The party grieved may have his Action upon the Statute against the Judges that shall refuse to seal a Bill when by law they ought and he shall recover damages proportionable to the injury received If therefore the Plaintiff thinks himself aggrieved by the Judges the course of common Justice is open and he may pursue his remedy and have satisfaction if he be injured And there can be no failure of Justice for the Judges may be sued in either of the two Courts of Westminster-Hall in the Common Pleas or the Exchequer for the three Judges are to be Defendants And the Chief Justice tho not a party upon the Record yet his Title and interest being the question he ought not to try the Action against the other Judges therefore they are ousted of having the priviledge of being sued in the Kings Bench. There lyeth also a Writ out of Chancery to command the Judges to seal a Bill of Exceptions And this further observation may be added that if the inheritance of this Office may be granted as it is by the Patent in question to the Plaintiff and his Heirs determinable upon three lives and by another in Reversion to Babington and his Heirs in trust for the Earl of Arlington and his Heirs it would be a great inconvenience for then it may descend to Women and Children who cannot be Clerks And tho the Defendants did not take advantage of this upon the Tryal yet are they not hindered from insisting upon it at any time since it is a matter that appears upon Record and might have been moved in arrest of Judgment if a Verdict had been given against them Moreover it is to be observed that if the Crown should grant this Office the Cheif Justice will be no longer answerable for the Keeping of the Records if the Officer should be insolvent LONDON Printed for Isaac Cleave next Serjeants Inn in Chancery-lane 1694.