case Twiford against Huggins if the warden of the fleet be sue by a attorney  in the king bench in a action for a escape be may plead that he be a officer  of the common plea S c bar king b action of escape against the defendant as  warden of the fleet plea in abatement that he be a officer of the common plea  and shall be sue there girdler sergeant the plaintiff show in his declaration  that he be a attorney of this court so that both court be actual entitle to  the suit and this court thereof first possess ought to retain it a see the  yearbook Edward pl and roll Abr a York attorneygeneral contra where there be  privilege against privilege it be as the sergeant have lie it down but the  plaintiff must show his privilege strict and proper the court will take notice  whether there be such a officer as here describe it be un clericor domini king  in curian domini king ad placita in person ring hic protuland assignat there  be no such officer modern report there be the chief clerk but that be but one  officer this be matter in law which the court take notice of a see the case of  Kirkham v Wheeler salk a girdler in reply by this description be mean a  filazer b   Ent b there be the same style in rastal if not the description of  a filazer yet the court will take it to be a officer of that court if there be  one for such purpose the style of the chief clerk be capital clericor c as we  therefore this must be take to be one under he Raymond chief justice there be  no doubt but where there be privilege against privilege the first court  possess exclude the other I remember the case of Kirkham v Wheeler be not  determine but the party agree and it be discontinue harrs case c cro Elizabeth  c and several case since have be so determine this be no description of a  filazer they have no power to enrol plead and I know of no such officer as be  describe fortescue justice he who have priority of suit carry the privilege  there be a chief clerk that answer this character but no other that I know a  filazer pretend to enrol plead only on original and even that be uncertain and  have be long in dispute he be a attorney and may plead privilege as such you  say you as warden be bind to attend but you ought to show that you actual do  attend for unless they do attend they be not entitle to privilege Reynolds  justice it be settle that there be no such officer in this court they be admit  appoint and surrender by the name of filazer York attorneygeneral the warden  show himself a master in the office not a servant to a clerk or a servant who  attendance be not presume to be necessary modern report er p we show we be  bind by duty of office to attend the court will not presume that be do not do  his duty Raymond chief justice there be several precedent and they may soon  look into they whether they must not show on the other side that he do not  attend per curian judgement for the defendant on the other point but to  consider of the plea if it be necessary to show the actual attendance on  another day it be order to stand over to next term modern report michaelmas  term the thirteenth of George the first in the king bench sir Robert Raymond  Knt chief justice sir John fortescue aland Knt James Reynolds Esq sir Edmund  probin Knt justice sir Philip York Knt attorneygeneral Charles Talbot Esq  solicitor general