Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	bench_n	court_n	king_n	6,144	5	4.1238	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

the proceedings in this Court by Original Writ heretofore were and now are such as are altogether agreeable to the late Statute so made as aforesaid for setting out the particular cause of action in the Writ That the Filizers of the said Court have Fifthly not onely made and entred on record Writs and Process by original but also entred Declarations Imparlances Issues Judgments and divers other proceedings thereupon and also have inrolled Indentures and all this upon their Filizers Rolls IF as is said before Records themselves will not with some be looked upon as they have lately been a disputable evidence especially when very ancient it is not to be doubted but that this assertion may be also very easily proved and why they should be thought the rather to be so because of their antiquity no more reason can be given for it that I know of than that an Act of Parliament now in force and unrepealed made two hundred years since should have less power to command obedience to it than one made but twenty years since nay certainly the antiquity of any proof should make it the better And should you here have an account as it is possible to be done but with great trouble of the several Entries that have been made by the Filizers of this Court upon their own Rolls for so they are called for distinction sake onely to differ them from the Prothonotary or chief Clerks Rolls for most truly and properly all the Rolls of this Court are the King's Rolls or Rolls of the King's-Bench and that for the space of two hundred years and upwards omitting the times before that it would but tire your patience and swell this Volume to be ten times as big as ever it was intended to be But as it is easie Pede Herculis to guess at the magnitude of his whole body so by some few that shall here be set down as plainly and as truly as they may be that they may be repaired unto if occasion you may guess at the multitude that might have been inserted and therefore some few in each King and Queen's Reign within the time aforesaid may be sufficient in all reason to prove this point And now to begin with the Reign of Henry the Sixth being as is said before the oldest Rolls that are in the upper Treasury of this Court and so to bring it down according to the search I have made to these times It appears in Paschae primo ejusdem Regis In whose An. H. 6. time the Filizers Rolls were always filed first after the Rotulo primo which hath usually been a richly guilded Roll with the King's Picture drawn in the first Letter of the word Placita sitting as it were upon the Bench in Court and it sets forth the Person before whom the place were and the time when the pleadings were held To all which the chief Justice his name is put as a Witness and then the Filizer's name that provided that Roll at the bottom of it And this ought to be filed in every Term it being a great ornament to the Rolls themselves and 't is a great neglect some-where to be charged that so many Rolls for some years past have been made up without it Nay all the other Rolls following are nonsensically titled if such a Roll be not filed before them For then follow the other Filizer's Rolls and then after them the Prothonotary or chief Clerks Rolls all with this Title upon them Adhuc de Termino c. T. c. whereas if this Rotulo primo be not filed there is no Term at all appears unto which the Adhuc can have any relation And somerimes in that King's Reign they have been filed promiscuously one among another but still the Filizer's Rolls have been filed first But to return to the proof omitting the entring of Process or Writs upon originals for that is allowed to be their due of all hands It appears in that Term omitting also for brevity sake the names of the Plaintiffs and Defendants and their Attornies and the nature of the Action in rotulis 6. 9. 23. 44. 45. 58. 65. that several Filizers of several Counties entred several Issues and their names are upon the bottom of each Roll and in Mich. 2. ejusdem the like in rotulis 10. 14. 16. 18. And in the Reign of Edward the Fourth in Mich. 4. ejusdem An. Ed. 4. Regis in Rotulis 18. 57. 60. 68. the like Entries and in Paschae 5. ejusdem Regis the Rolls not being numbred but the Filizers names at the bottom there are several Issues entred and as for the Reign of Edward the Fifth it being not An. Ed. 5. three months long and the Reign of Richard the Third not three years long An. R. 3. and very troublesome they were in this search wholly omitted In Hilary 2 Henrici 7. Rolls not numbred several An. H. 7. An. H. 8. Issues entred Mich. 3 Henrici 8. rotulis 43. 49. 54. the like both as to Issues and Judgments by nichil dicit in Paschae 23. 24. ejusdem Regis the like in both Paschae 24. 25. ejusdem and Paschae 25. 26. and Paschae 26. 27. and Paschae 27. 28. the like in all these Terms Rolls not numbred but are to be found filed at the beginning of each Term and in Hilary 36. ejusdem Regis rotulo 14. is the Entry of an Outlawry in an Appeal of Murther and Paschae 37. an Issue and Judgment after a Verdict And in Hilary 1 2 of Edward the Sixth rotulis An. Ed. 6. 2. 3. 12. aliis rotulis the like Issues in Trin. 7. ejusdem rotulis 2. 8. 11. the like usque rotulum 20. In Trin. 1 Mariae rot 10. 12. 13. 15. and divers An. Mariae other Rolls the like In Paschae 1. 2. ejusdem several Issues Trin. prox the like Mich. prox rot 6. 7. 8. and other Rolls not numbred the like and Judgments Hilary 1. 2. the like in rotulis 13. 16. and in Mich. the 26 and 27 of Queen Elizabeth rotulis An. Elizab. 1. 2. 4. 16. 18. 19. and others not numbred there are two Appeals of Murther and one of Robbery and several Issues and special Pleadings In Mich. 36. 37. the like as to Issues In Paschae 44. rotulo 10. a Quare Impedit between the Queen and the Bishop of Hereford And in Paschae 5 Jacobi Roll not numbred there is An. Jacobi an Indenture entred by Howard a Filizer upon his own Roll in Trin. 7. an Issue the Roll not numbred in Hil. 9. Mich. 12. Hil. 12. Trin. 13. Hil. 13. the like Issues and Judgments by Nil dicit and Non sum informat But all these Kings and Queens Reigns have not been gradually searched in every Year and Term for it would have been too great a labour but onely some few to shew that there were no Times in which the Filizers did discontinue entring

JVS 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 of Gray's-Inn Esq Quod per Recordum probatum Non debet esse negatum LONDON Printed by the Assigns of R. and E. Atkyns Esquires for Richard Tonson within Gray's-Inn Gate next Gray's-Inn Lane 1684. TO THE Right Honourable FRANCIS LORD GVILFORD LORD KEEPER OF THE GREAT SEAL OF ENGLAND MY LORD SInce that by the hand of divine providence and the favour of our most gracious Sovereign deservedly confer'd upon You You are arriv'd to the highest Sphere in the high and honourable Court of Chancery that Officina Justitiae in which all Original Writs whatsoever are fram'd and out of which they issue forth and are returnable in all the Courts of Common Law whereby Process thereupon are made amongst others in this His Majesty's Court of King's-Bench I could not imagine with my self where to find a more fit just and honourable Patron than Your Lordship under the umbrage of whose Protection my weak Endeavours might be admitted shelter being very sensible what hazard I run in this most critical and sensorious Age without the affluence of Your Lordship's favour which I do humbly beg imploring your pardon if I have offended by this my too great presumption in regard I have not been so happy as to be so well known to Your Lordship as in the least to expect it It is a subject that I do not find hath been ever treated of as to the Court of king's-King's-Bench by any Pen whatsoever and the path-way to it therefore being very rough hard and uneasie can never be made plain either to my self or others except it meet with Your Lordship's good opinion wherever you find the matter in it to be centred between Truth and Justice for both which I am most fully assured You are and will be a devoted Advocate My Lord I am the humblest of Your Lordship's Servants JOHN TRYE To the Impartial Reader AS Time is the Mother of all things out of whose vast Womb all matters and proceedings in Law whatsoever are form'd and fashion'd so after long continuance either through interest wilfulness or ignorance of some Practicers both in this and other Courts of Common Law many things therein are so alter'd and chang'd from what they were originally that they seem rather to have been Abortives than to have had a mature and timely production And thus I may say it is now with the practice by Original Writ in this Court for through all or some of the aforementioned causes it is as it were grown obsolete and the proceedings by Bill hath almost thrown that by Writ out of this Court I wish that by Bill all the happy success imaginable and do onely hope that this by Writ may be continued in this Court where it hath been formerly much used and as the Returns of such Writs import be as a shadow following its substance our now Sacred Majesty and his Successours wheresoever He or they shall be in England in which that He may long live and have a happy Reign is not onely the hearty desire but daily prayer of John Trye Gray ' s-Inn March 27. 1684. THE PREFACE BEFORE the several Matters in this Treatise come to be handled it will be convenient to say somewhat First To the Etymology of the word Filacer or Filizer Secondly To the nature of his Office and Thirdly To the antiquity of it And First As to the word Filacer or Filizer it is observable that Cowell in his Interpreter and the Book called The Terms of the Law likewise speaking of such Officers in the Court of Common Pleas say that it comes from the French word Filace i. e. a Thread on which as in that Court so in this it may be very well thus paraphrased That it is a Thread indeed without which anciently in this Court as well as in that there could have been no web or work made for the dispensing and administring of Justice and Right to all and a Rule that leadeth all Persons Plaintiffs in this Court so directly to their Rights that it will force the Defendants at last to appear and plead And although these Books do take notice onely of such Officers in the Court of Common Pleas yet as will appear hereafter in this Treatise former Statutes and those very ancient have and do make mention of such Officers as Filizers in this Court Or perhaps and most likely he was heretofore so called for that it may be he did not onely make out divers Writs and Process in his Office but did also thread or file up the same as the Custos Brevium of this Court now doth before ever there was any such Officer in this Court and being the King's Clerk in Court is always admitted into his Office by the Lord Chief Justice of this Court for the time being and by no other Judge thereof by delivery of a Parchment Roll of such his admission to him as Livery and Seizin of his place after that he hath taken the Oaths of Allegiance and Supremacy and this Oath following viz. A. B. You shall swear well and truly to The Filizer 's Oath upon his admission exercise the Office of a Filizer for the County of C. and also truly and diligently to extract all Fines Issues and Amerciaments due to our Sovereign Lord the King arising in your Office during the time you shall so remain Officer So help you God By which it appears that in his Office he is bound to serve the King as his Clerk and from him for that his service he hath time out of mind had a privilege to write or style himself Clerk to our Sovereign Lord the King assigned to inroll Pleas in this Court before the King himself being so styled in Cokes Book of Entries fol. 20. in a Case between Hughs a Filizer Plaintiff and Keme Defendant and entred in this Court in Trin. 7 Jacobi Regis rotulo 1490. and also in Hilar. 20. ejusdem Regis rotulo 5. in t Gosnold a Filizer Plaintiff and Dereson Defendant which said privilege hath also lately been allowed by this Court to be such upon Pleas in abatement unto Declarations filed against them in which these words ad Placita in Cur. Domini Regis coram ipso Rege irrotuland assignat have been omitted And in his Office he hath a Freehold for life granted him as may appear by the Entry of an admission of a certain Filizer on record and might be proved by divers other Precedents but one may suffice and may serve for other Entries in the like nature when granted upon a Surrender of the then present Filizer and if it be not upon Surrender yet with a little variation it may also serve