CLERK (clericus), a word formerly used to signify a learned man, or man of letters. The word comes from the Greek κλῆρος, used for clergy, but more properly signifying lot or heritage, because the lot or portion of clerks or ecclesiastics is to serve God. Accordingly clerus was at first used to signify those who were particularly attached to the service of God. The origin of the expression is derived from the Old Testament, where the tribe of Levi is called the lot or heritage, κλῆρος; and God is reciprocally called their portion, by reason of that tribe having been consecrated to the service of God, and lived on the offerings made to God, without any other settled provision. Thus Pasquier observes, that the officers of the counts, or comites, were anciently created under the title of clerks of accounts, and secretaries of state were called clerks of the secret. So clerici domini regis, in the time of Edward I., was rendered, the king's secretary, or clerk of his council. The term was applied indifferently to all who made any profession of learning, or who knew how to manage the pen; though originally it was applied only to ecclesiastics. As the nobility and gentry were usually brought up to the exercise of arms, there were none but the clergy left to cultivate the sciences; and hence, as it was the clergy alone who had made any profession of letters, a very learned man came to be called a great clerk, and a stupid, ignorant man, a bad clerk.
CLERK is also applied to such as by their course of life exercise their pens in any court or office; of which there were, and still are, various kinds.
CLERK of the Bails, an officer in the Court of King's Bench, whose business it is to file all bail pieces taken in that court, where he constantly attends.
CLERK of the Check, an officer belonging to the king's court, and so called because he has the check and controlment of the yeomen belonging to the king, queen, or prince. He likewise, by himself or deputy, sets the watch in the court. There was also an officer of the same name in the navy, belonging to the king's yards.
CLERK of the Crown, an officer in the King's Bench, who frames, reads, and records all indictments against offenders there arraigned or indicted of any public crime. He is likewise termed Clerk of the Crown Office, in which capacity he exhibits, by order of the court, informations for divers offences.
CLERK of the Crown, in Chancery, an officer whose business it is constantly to attend the Lord Chancellor in person or by deputy, and to write and prepare for the great seal special matters of state by commission, both ordinary and extraordinary, as commissions of lieutenantcy, of justices of assize, of oyer and terminer, of jail-delivery, and of the peace; as also all general pardons, granted either at the king's coronation or in parliament; and the writs of parliament, with the names of the knights, citizens, and burgesses, are returned into his office. He also makes out special pardons and writs of execution on bonds of statute-staple forfeited.
CLERK of the Errors, in the Court of Common Pleas, an officer who transcribes and certifies into the King's Bench the tenor of the record of the action on which the writ of error, made out by the cursor, is brought there to be determined. In the King's Bench, the clerk of the errors transcribes and certifies the records of causes, by bill, in that court, into the Exchequer; and the business of the clerk of the errors in the Exchequer is to transcribe the
Clerk. records certified thither out of the King's Bench, and to prepare them for judgment in the Exchequer chamber.