Proof, it was shewn by the Records of the Court, that for the Space of two hundred thirty-five Years past, this Office when void had been granted by the Chief Justice, and enjoy'd accordingly under such Grants. In Trin. 36 H. 6. Rot. 36. inter placita Reg. Anno Dom. 1458. 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 Sond, chief Clerk of our Lord the King for inrolling 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, Kt. Chief Justice of that 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 said Surrender, and doth the same Day grant the said Office to the said William Brome, who is presently admitted into the said Office for his Life, and sworn accordingly.
Mich. 1 E. 4. Rot. 51. Upon Brome's Surrender to Sir John Markham then Chief Justice, the Chief Justice grants it to Mr. 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 injoyed this Office till the Time of Henry the Seventh, and then Bray came in, and was Clerk till the 13 H. 7. and then came in Roper.
Hill. 9 H. 8. Rot. 3. Anno 1518. Upon the Surrender of this Place to Sir John Fineux Chief Justice, by John Roper, the Chief Justice grants the Office to Sir John Roper and William Roper, who are admitted for their Lives and sworn.
Hill. 1 & 2 E. 6. Anno 1547. Upon the Surrender of William Roper (Sir John being then dead) to Sir Richard Lister then Chief Justice, he grants the Office to William Roper and Rute Heywood, and they are admitted and sworn.
Hill. 15 El. 1573. Upon the Surrender of William Roper (Heywood being dead) to Sir Robert Catlin then Chief Justice, he granted this Office to John Roper and Thomas Roper for their Lives, and they are admitted and sworn.
[113] Mich. 14 Jac. 1. Rot. 2. Anno 1616. Upon the Surrender of John Roper (Thomas being dead) to Sir Henry Montague then Chief Justice, he grants the Office to Robert Heath and Robert Shute for their Lives, who are admitted and sworn thereupon.
Hill. 18. Jac. 1. 1620. Shute being dead, upon Sir Robert Heath's Surrender to Sir James Leigh then Chief Justice, he grants the Office to Sir Robert Heath and George Paul for their Lives, and they are sworn and admitted in Court.
Mich. 5 Car. 1. Upon the Surrender of Sir Robert Heath and Sir George Paul to Sir Nicholas Hide then Chief Justice, he grants it to Robert Henley and Samuel Wightwick for their Lives, and they are admitted and swore.
Trin. 1654. Upon Wightwick's Surrender to H. Roll then Chief Justice (Henley being then under Sequestration) the Chief Justice grants it to Sam. Wightwick and to Robert Henley Junior for their Lives, and they are admitted and sworn.
Mich. 12 Car. 2. Upon the Surrender of Samuel Wightwick and Robert Henley to Sir Robert Foster then Chief Justice, he grants it to Henley and Wightwick for their Lives, and they are sworn. Wightwick died soon after, and Sir Robert Henley enjoy'd it under that Grant 32 Years.
And it was observed on Behalf of the Defendant, That in all these Records produced and read in Court, after the Mention of the Surrender to the Chief Justice, there are these Words, To whom of Right it doth belong to grant that Office whenever it shall be void.
The Clerk of the Crown in the King's Bench, and is Office and Duty. The Prothonotary there, and his Office.—It was then further insisted on and proved, That there are, in the Nature of Clerks, three considerable Officers of the Court of King's Bench: 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. This Officer being the chief Clerk in Court, is always made by Patent under the Great Seal. The second Officer is this, the Prothonotary or chief Clerk for inrolling Pleas between Party
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