|Title:||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 ...|
|Publication Info:||Ann Arbor, Michigan: University of Michigan, Digital Library Production Service
2012 November (TCP phase 2)
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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 ...
London: Printed by the assigns of R. and E. Atkyns, Esquires for Richard Tonson ..., 1684.
Errata on p.  at end.
Advertisement on p.  at end.
Reproduction of original in British Library.
England and Wales. -- Court of King's Bench.
Courts -- England -- Officials and employees.
Criminal procedure -- Great Britain.
Civil procedure -- Great Britain.
TO THE Right Honourable, FRANCIS, LORD GƲILFORD, LORD KEEPER OF THE GREAT SEAL OF ENGLAND.
To the Impartial Reader.
THE FILACER'S-OFFICE IN THE Court of King's-Bench.
That the Practice by original Writ, is of very great antiquity in the said Court.
That it prevents in a great Measure the delay of Execution, after Judgment had and obtained.
That against some sort of Persons, and in some sort of Actions, there is no other way to proceed in the said Court, but by Original Writ.
That it is most agreeable to the Statute lately made for setting forth the cause of Action in the Writ.
That the Filizers of the said Court havenot onely made and entred on record, Writs and Process by original, but al∣so entred Declarations, Imparlances, Issues, Judgments, and divers other proceedings thereupon, and also have inrolled Indentures, and all this upon their Filizers Rolls.
Some directions in the way of practice by Original Writ in this Court.
Also how to appear for the Defendant, either upon Arrest, or upon the Exi∣gent, or upon the reversal of the Out∣lawry.
How to reverse an Outlawry by Writ of Errour.
How to proceed to the Outlawry after Judgment.
Somewhat concerning Imparlances upon Suits brought by Original Writ.
How to plead an Outlawry, either in a∣batement or bar of any Action.
Where Suits by Original Writ ought to be laid, and when the Visne may be altered.
How to proceed so, as to have a special Capias Utlagat. together with the In∣quisition thereupon taken, sent into the Exchequer, and to get a Lease from the King of the Defendants Lands.
Somewhat concerning the drawing of De∣clarations by Original Writ.
The manner of removing Actions or Plaints out of Inferiour Courts into this Court, and after that how to pro∣ceed in them.
Some Reasons impartially offered, to shew how it hath come to pass, that the Practice in this Court by Original Writ hath decreased, and that by Bill increased; and what hath occasioned some Entries of Issues, and other pro∣ceedings to be made, as well on the Chief Clerk's Rolls, as on the Filizer's Rolls.
And as to that other matter, how it hath come to pass, that some Entries of Is∣sues, and other Proceedings have been made, as well on the Chief Clerk's Rolls, as on the Filizer's Rolls, and this since the practice hath been so much by Bill; the reason of it may be this.
Some Precedents, of frequent use, both of Writs and the Entries thereupon, and also Declarations, Imparlances, Issues, Judgments and Defalts, and other proceedings in actions brought by Origi∣nal Writ, and entred by the Filizers.
A Modus for the Testes and Returns of Process by Original Writ.
In Termino Paschae.
In Termino Sanctae Trinitatis.
In Termino Sancti Michaelis.
In Termino Sancti Hillarii.
Dies Sabbati prox' post Crast' Ascensionis Domini, Anno 31. Car. 2. Regis.
First, Concerning Officers—
Concerning Fees; and first, Of the Clerk of the Crown.
The Fees taken by the Clerk of the Crown and his Clerks during our memories re∣spectively.
The Fees paid to the Prothonotaries or chief Clerks and their Clerks during all our memories respectively.
Fees due and received by the Prothono∣taries and their Clerks for Entries.
The Fees for pleading received by the Prothonotaries Clerks, due to them∣selves as Clerks and Attornies.
Paid to the Keeper of the Seal for Bills of Middlesex at our first knowledge.
Fees received by the Secondary.
Fees received by the Secondary for the Judges.
Fees received by the Judges Clerks.
The Fees paid to the Clerk of the Papers now, who hath been during all our me∣mories one of the Prothonotaries Clerks and appointed by him, and is now ex∣ercised by John Hill and John Wood∣ward.
Other sums of Money taken by the said Clerk of the Papers.
Fees paid all our memories to the Clerk of the Rules, being one of the Protho∣taries Clerks, and is now exercised by Nicholas Pluncket.
Other Sums of money taken by the said Clerk of the Rules, which he now dis∣claimeth.
The Keeper of the Postea's, which is also one of the Prothonotaries Clerks.
The Keeper of the Files of Declarations.
Fees paid to the Custos Brevium and his Clerks during our memories.
Fees now paid to the Custos Brevium his Clerks to be referred to the Table shewed us of Fees.
The Marshal's Fees, as they were certi∣fied by Sir William Knowles, Kt. sometimes Marshal of the King's-Bench, as appeareth by Mr. Antro∣bus's Book.
Moneys and Fees due and received by the Filizers.
He which enjoyeth the Office of Porter and Crier claimeth as due to him and acknowledgeth to have taken by him∣self and his Deputies in the Court these Fees following.
Fees received by the Clerk of the Er∣rours immediately after the Statute of the 27th of Elizabeth.
The Seal Office.
Fees for Trials at the Bar, taken by se∣veral Officers as followeth.
These Fees following were not cer∣tified in the former Verdict, but thought fit by most of the Jury, to be left out as things not inqui∣rable or comprehended within their charge.
Fees paid in our memories for a Nisi prius in Middlesex.
Fees paid in our time to the Clerk that draweth up Special Verdicts in Lon∣don or Middlesex.
Fees paid all our time for drawing a Spe∣cial Verdict at the Bar.
Fees paid to the Clerk of the Assizes for Posteas in our memories.
Fees paid to the Sheriffs during our memories.
A Presentment upon Oath of all such Fees and Payments as now are, and by the space of thirty years now last past have been used to be taken by the several Officers, Ministers or Clerks of the Court of King's-Bench, hereafter men∣tioned, as belonging or claimed to him or them, by reason of his Office, Place or Clerkship by Ʋs whose Names are hereunder written. The 24. day of November, 1638.
Monies and Fees due and received by the Filizers.
The Names of the present FILIZERS, and where most of them are resident.
Books newly Printed for Richard Tonson.