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A63787 Jus filizarii, or, The filacer's office in the Court of King's-Bench setting forth the practice by original writ, with several precedents and other matters relating thereunto : and also a presentment of the fees of all the officers in the said court : very usefull for the filacers and all other practicers in that court / by John Trye ... Trye, John. 1684 (1684) Wing T3173; ESTC R21039 115,595 300

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upon admission into any vacant place It is entred in this Court Termino Paschae An. 33 Elizabethae upon one Hilsdons a Filizer's Rolls at the beginning of the Rolls thus Memorandum quod cum W. L. gen seit The Entry of his admission Sile. Paschae 38 H. 6. rot 73. Mich. 26 27 Eliz. rot primo Mich. 8 Car. primi rot primo existen de in officio Filizar pro Com. B. B. idem W. die c. prox post c. isto eodem Termino coram Domina Regina apud Westm in propria persona sua ven ex mera spontanea voluntate ipsius W. sursum reddidit in manus C. W. Mil. Capitalis Justic dominae Reginae ad placita coram ipsa Domina Regina tenend assign Officium Filizar dictor Com. B. B. praedict Et idem C. W. adtunc ibidem praedict Officium Filizar dictor Com. B. B. Thomae Hilsdon gen tunc praesent in Cur. dedit concedit ad dictum Officium Filizar Com. B. B. praedict praefat T. H. adtunc ibidem admisit Habend Tenend Occupand Exercend sibi ut liberum Tenementum suum c. cum Feod vad proficuis eidem Officio incumben de antiquit debit consuet Et dictus T. jurat est Secondly As to the nature of his Office you see by his Oath aforesaid He is bound truly and diligently to extract all Fines Issues and Amerciaments due to our Sovereign Lord the King arising in his office and so he is also bound as the King's Clerk in Term-time to attend the Grand-jury for the body of the County of Middles where the King's Court of his Bench is now resident or where-ever else it shall be in England to draw the Inditements that they are to present and if occasion to ingross them but it hath been usual of late years for such Filizer to whose lot it falls being appointed thereunto by the Court to get one of the Clerks of the Crown Office being always ready in Court to attend and perform this service for him And for a farther account of the nature of his Office it will not be amiss here to set before you a Copy of a Narrative delivered me by a late Cap-officer of this Court which was heretofore as is conceived addressed by one Edgar Filizer of London in this Court and other the then Filizers thereof by way of Petition to the then Judges of this Court about the year of our Lord 1630. And some short time before that the said Presentment in the Title page mentioned was made of the Fees of all the Officers of this Court and taken by virtue of his then Majesty's Commission under his great Seal of England a part of which Commission together with a Copy of the said Presentment you may find placed at the end of this Treatise In which Narrative or Petition rather it was thus then declared and set forth That the Filizer is the onely immediate Clerk and sworn Ministerial Officer in this Court for the King 's assured and true service therein By whose duty through continual and constant use and former practice in the Law diligently performed great increase of profit hath been in all former Ages in a very great measure augmented yearly unto the Crown of England untill of late years and now that the Statutes de An. 2 H. VI. cap. 10. and 5 6 Ed. VI. cap. 16. are so neglected as that through gross ignorance daily abuses of right Entries and Proceedings upon Original Writs have so changed and altered the right institution of the Law in that Point to the scandal and slander of the Law that the wonted yearly profit of the Crown of England is thereby stopped and diverted and the People of England much grieved and oppressed all which happening through the innovated incroached and intermixed practice illegally of the Servants of the Chief Clerk who being no immediate Clerks of the King nor sworn for performance of true Service to him and having neither Offices to be seised or places to be fore-judged of they corrupt usurp and abuse the process practice and Offices of the said Filizers by making process to and of Outlawry in the name of the Filizers without their privity or consent and afterwards never file the Writs of Exigent by which Fraud the King's Majesty is deeply prejudiced both in the real and personal Estate of the Party outlawed by common Bayl 's taken by consent of such Servants or Clerks to the Chief Clerks And there is or ought in Law to be the King's Clerk the Filizer constituted upon oath to perform and doe these Services for the King and People for every City and County of this Kingdom upon forfeiture of his Office if found in any Fraud committed All which with divers other Enormities and Abuses the then Filizers offered and were ready to make appear to the said Court Vpon which it appears that the then Filizers did satisfy the then Judges of this Court of the nature and duty of their Offices And what it was then it continues so still being since that never altered by any Act of Parliament or any other due course of Law And that as formerly so now much profit will accrue to the Crown of England by proceedings grounded upon Original Writs and therefore ex debito Justitiae ought to be incouraged in this Court is very plain and obvious And seeing it is the duty of every loyal Subject of what degree soever to advance the Revenue of his Prince as much as he can by discovering all legal ways and means by which it may be obtained so much more of him or them that are not onely Subjects but also Officers of the Court under him as is before said the Filizers of this Court are And first of all great profit would accrue to the Crown of England by such proceedings in respect of the great number of Original Writs that would issue out of the High-court of Chancery yearly more than now do whereby the Seals in that Court would much increase Secondly in respect of the many Fines more than now are that would be paid upon such Originals yearly whereby his Majesty's Fines in that Court would be also much increased And thirdly in respect of the great number of Writs that would be sealed in this Court of King's-bench by his Majesty's Green-wax Seals more than there is at present whereby the yearly Revenue thereof would likewise be much augmented for if any Defendant be arrested by a Writ of Capias ad respondend upon an original returnable in this Court then indeed one Writ serves but if the Plaintiff cannot thereupon arrest him as commonly it falleth out so then is he forced to take out an alias Cap. and after that a plur Cap. and if he cannot arrest him upon either of these two last then he takes out an Exigent and Proclamation and all this is in the Law a favour to the Defendant