moft agreeable to the prince or his officers. Nothing therefore is more to be avoided, in a free conftitution, than limiting the provinces of a judge and a minifter of state. courts. His majesty, in the eye of the law, is always His majesty is prefent in all his courts; though he cannot per- present in his fonally diftribute juftice. His judges are the mirror by which the king's image is reflected. It is the regal office, and not the royal perfon, that is always prefent in court, ready to undertake profecutions, or pronounce judgment, for the benefit and protection of the fubject. Fortefc. c. 8. 2 Inft. 186. It is of the greatest confequence to the law of Judge to deterEngland, and to the fubject, that the powers of mine the law, the judge and the jury are kept diftinct; that the the jury the fact. judge determines the law, and the jury the fact; and if ever they come to be confounded, it will prove the confufion and deftruction of the law of England. P. Hardwicke C. J. Rep. temp. H. 28. The judges confift of the Lord Chief Juftice, and The judges are three other juftices, who fit every day (except fun- four in number. days, the purification, afcenfion, and midfummer day) in the four terms to hear and determine all matters of law arifing in civil causes, whether real, perfonal, or mixed, and compounded of both; and by Stat. 20 Ed. 3. c. 1. they are to take no fee but of the king; their commiffions, in early periods, were durante bene placito, afterwards quamdiu bene fe gefferint, 13 W. 3. c. 2. with a power to remove them on the addrefs of both houses of parliament; but now they are to continue in their Their comoffices during their good behaviour, notwithstanding any demife of the crown (which was formerly held immediately to vacate their feats), and their full falaries are abfolutely fecure to them during the continuance of their commiffions. 1 Geo. 3. c. 23. This act was made at the earnest recommendation of the king himself from the throne, declaring, miffions. "that Oath. "that he looked upon the independence and upright"nefs of the judges, as effential to the impartial ad"miniftration of justice, as one of the beft fecurities of "the rights and liberties of his fubjects, and as moft "conducive to the honour of the crown." Com. Fourn. 3 Mar. 1761. The prefent judges are, ́ Alexander Lord Loughborough, Chief Justice, £3500 per Ann. Sir Henry Gould, Knight, John Heath, Efq; Sir John Wilson, Knight, £2400 each. Salaries afcertained by Stat. 12 & 13 W. 3. c. 2. Augmented by Stat. 32 Geo. 2. c. 35. S. 18. A judge at his creation takes an oath, "That he will ferve the king, and indifferently adminifter justice to all men, without respect of perfons, take no bribe, give no counsel where he is party, nor "deny right to any, though the king by his letters, or "by express words, command the contrary," &c. and he is anfwerable in body, land, and goods. 18 Edw. 3. c. I. If an action be brought against a judge of record for an act done in his official capacity, he may plead that he did it as judge of record, and that will be a fufficient juftification; and fo may a judge of a court in a foreign country under the dominion of the crown. Mostyn v. Fabricas, Cowp. Rep. 172. TH Officers of the Court. HE cuftos brevium is the first or principal Cuftos brevium. officer of this court, and holds his place by the king's letters patent; the prefent patentees are John Browning, Sir Robert Eden, Baronet, Frederick Young, and Edward Gore, Efquires, who execute the faid office by Thomas Francis Martin, Efquire, their deputy. Office, No. 3, Brick Court, Temple. There are three prothonotaries of this court, who Prothonotaries. hold their offices for life, and are admitted by the chief justice of the court for the time being. But the fecond prothonotary is admitted on the nomination of the cuflos brevium, who, in right of his office, has that appointment. The prefent prothonotaries are, William Mainwaring, Henry Earl, Anthony Dickins, Efquires. Their office, No. 2, in Tanfield Court, Inner Temple. In term time, they are to attend the fitting of Attendance. the court at 'efiminfler, for the dispatch of such matters as arife from caufes entered in the office, and to inform the court of the state of fuch causes, and certify to them in matters of practice when required. One prothonotary attends every day in term (except the first and last days) at their office, in the forenoon from eleven to one, and ail attend in the afternoon from fix to eight. There are three fecondaries in this court; one be- Secondaries. longing to each prothonotary, who has the nomination and appointment of fuch fecondary. The prefent fecondaries are, Henry Fethergill, Alexander Gerrard, and William Skin, Efquires. In term Duty, time they attend the court and judges in the treafury, to read all the records, writings, affidavits, petitions, papers, and exhibits; take minutes of all rules and orders, and draw up the fame, and take recognizances in court; have the cuftody of the Clerks of the judgments. Clerk of the dockets. Clerk of the re verfals. Duty. the court books, in which are entered the names of all caufes on demurrer, fpecial verdicts, and other matters that are to be argued in court, and of causes that are to be tried at bar; enter all commitments of prifoners, difcontinuances, and fatisfactions acknowledged upon record, and amend records by order of the court, &c.; attend trials at bar, &c. Clerk of the judgments, Mr. Rowland Lickbarhe draws up all final judgments after inquifitions taken, verdicts obtained, or nonfuits had at nifi prius, and on demurrers, and iffues joined upon nul tiel record; draws up and enters all continuances neceffary; draws up the award or writ of elegit and partition, enters the fame with the return thereof upon the roll: enters all fatisfactions upon judgments, when the fame is done by order of a judge, and not in open court; and exemplifies any of the above mentioned judgments, if applied for within a year after figning fuch judgments. Clerk of the dockets and declarations, Mr. Thomas Sherwood. He enters upon remembrance all appearances to writs of attachments of privilege, writs of feire facias, &. filed with the prothonotaries, prepares bail pieces or recognizances to attachments of privilege, habeas corpus's, and other bailable writs ifluing out of the prothonotary's office; attends the court, or a judge, when fuch recognizances are taken, and when fuch bails are juftified, or additional bail is put in; and alfo, when the defendant furrenders himself in difcharge of fuch bail: makes copies of all fpecial juries, certificates of declarations not being filed against prifoners; and alfo certificates of writs of recordari, and writs of falfe judgment, not being filed according to the courfe and practice of the court. And, as clerk to the prothonotaries, makes out copies of all special verdicts for the judges, and attornies concerned therein, &c. Clerk of the reverfals, Mr. Rowland Lickbarrow; he is jointly and verbally appointed by the three prothonotaries; he draws up and enters the præcipe's thereof thereof on remembrances, and draws up certificates thereof to the outlawry office; draws up and engroffes the bail pieces, or recognizances, in order to fuch reverfals, and attends therewith; and makes out the fuperfedeas when neceffary. Clerk of the treasury, Mr. Thomas Jefferies; Clerk of the he is appointed, by parole, from the lord chief treasury. justice. Henry Brougham is clerk of the jurats, or one Clerk of the of the under clerks of the treafury, for all the jurats, counties of England; and is admitted by the lord chief juftice of the court; and holds his place for life. Mr. George Stubbs is the treafury-keeper, and Treasury keeper. holds his place alfo by parole appointment of the lord chief justice. Filacer or Filazer (filizarius, from the latin filum) Filazers. is an officer of this court, fo called because he files thofe writs whereon he makes out process. There are thirteen filacers, among whom the feveral counties of England are divided, viz. |