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lord_n chief_a john_n sir_n 17,976 5 6.4565 4 false
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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

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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 THe Plaintiff declares that the Office of Chief Clerk for the inrolling of Pleas in the Court of Kings Bench was time out of mind granted and grantable by the Kings and Queens of this Realm And that King Charles II. by Letters Patents under the great Seal of England dated 2 June 25 of his Reign reciting that he had by his Letters Patents 1 July 14 of his Reign after a recital therein that Robert Henly and Samuel Wightwicke were duly admitted to this Office for their lives granted this Office upon the Petition of Elliot to Silas Titus so soon as it should become void and that Wightwicke was dead and Titus had surrendred his Patent did in consideration of service done by the Earl of Arlington grant this Office to the Plaintiff and his heirs for the lives of the Earl of Arlington Duke of Grafton and Dutchess of Grafton and the longer liver of them from and after the death forfeiture or surrender of Sir Robert Henly And that Sir Robert Henly was dead and that thereupon the Plaintiff became seized and was seized of the Office till the Defendants disseized him c. The Defendants pleaded that they did no wrong or disseizin to the Plaintiff which is the General Issue The Recognitors were Sir John Wolstenholm of Enfeild Bar. Sir William Hedges of Finchley Knight Ralph Bucknell of St. Giles in the Fields Esquire George Ford of Bromely Esq William Vnderhill of Cripplegate Esq John Raymund of Highgate Esq John Smith of Hackney Esq William Northy of the same Esq Edward Harris of Southgate Esq Daniel Thomas of Highgate Esq Abraham Dashwood of Cripplegate Esq Arthur Baily of Mile end Esq The Plaintiff gave no Evidence but the Letters Patents of 2 June 25 Car. 2. And being put to shew that the Office was anciently granted by the Kings and Queens of England according as he had declared he did shew none but the Patent of King Charles II. Though the Plaintiffs Grant were to him and his heirs which ought not to be of such an Office for so it might come to an Infant yet the Defendants Councel waved that just exception and insisted upon the meer right of Granting the said Office viz. That it was not grantable by the Crown but was an Office belonging to the chief Justice of the Kings Bench and only grantable by him And for proof hereof it was shewed that this Officer is to inroll the Pleas between party and party only and had nothing to do in the Pleas of the Crown or Criminal matters That all the Rolls and Records in this Office were in the custody of the Chief Justice who with his own Money pays for the Parchment of all those Rolls and Records and all Writs to certifie or remove the Records in this Clerks Office are directed to the Chief Justice and this Officer is in truth but his Clerk and the Office grantable by him alone for any life or two lives when void And for further proof of the Chief Justices right to grant this Office it was shewed and proved by the Records of the Court that for the space and time of 235 years last past this Office when void had been granted successively by the Chief Justice for the time being to whom he pleased and enjoyed accordingly by such grants which was plainly made out by the following Records Trin. 36 H. 6. Rot. 36. in t placita Reg. A. Dom. 1458. 235 years since It is inrolled thus Be it remembred that the tenth of July this Term in the Court of our Lord the King at Westminster came William Sonde Chief Clerk of our Lord the King for enrolling Pleas before the King himself in his proper person and in the same Court of his Free Will did surrender his said Office into the hands of Sir John Fortescue Knight Chief Justice of the Court to whom of right it doth belong to grant that Office to whomsoever he pleaseth whensoever that Office shall be void during the time that the said Sir John Fortescue shall be Chief Justice and that Office doth resign and relinquish to the use of William Brome And the said Chief Justice doth accept the same surrender and the same day grants the said Office to the said William Brome who is presently admitted to the said Office for his life and sworn accordingly Mich. 1. E. 14. Rot. 51. Upon Bromes surrender to Sir John Markham then Chief Justice the Chief Justice grants it to William Sonde who is admitted for life and sworn Mich. 8 E. 4. Rot. 26. 1467. Upon the surrender of William Sonde to the said Sir John Markham then Chief Justice he grants it to Reginald Sonde who is admitted and sworn Reginald Sonde enjoyed this till the time of H. 7. and then Bray came in and was Clerk till 13 H. 7. and then came in Roper Upon Surrender of this Office to Sir John Fineux Chief Justice Hil. 9 H. 8. Rot. 3. 1518. by John Roper the Chief Justice grants the Office to Sir John Roper and William Roper who are admitted for their lives and sworn Upon Surrender of William Roper Sir John being dead to Sir Richard Lisler then Chief Justice Hil. 1 2 E. 6. 1547. he grants the Office to William Roper and Richard Heywood for their lives and they are admitted and sworn Upon Surrender of William Roper Heywood being dead to Sir Robert Catlin then Chief Justice Hil. 15 El. 1573. he granted this Office to John Roper and Thomas Roper for their lives and they are admitted and sworn Upon Surrender of John Roper Tho. being dead to Sir Henry Montague then Chief Justice Mich. 14 Jac. 1. Rot. 2. 1616. he grants this Office to Robert Heath and Robert Shute for their lives who are admitted and sworn thereupon Shute being dead Hil. 14. Jac. 1. 1620. upon Sir Robert Heath's Surrender to Sir James Leigh Chief Justice he grants the Office to Sir Robert Heath and George Paul for their lives and they are sworn and admitted in Court Upon the Surrender of Sir Robert Heath and Sir George Paul to Sir Nicholas Hide then Chief Justice Mich. 5 Car. 1. he grants it to Robert Henly and Samuel Wightwicke for their lives and they are admitted and sworn Upon Wightwicke's Surrender to H. Roll then Chief Justice Trin. 1654. Rot. 1. Henly being then under Sequestration the Chief Justice grants it to Samuel Wightwicke and Robert Henly junior for their lives and they are admitted and sworn Upon the Surrender of Samuel Wightwicke and Robert Henly to Sir Robert Foster then Chief Justice Mich. 12 Car. 2. Rot. 2. he grants it to Henly and Wightwicke for their lives and they were admitted and sworn