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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35589 The Case between Sir Jerom Alexander, Knight ... and Sir William Ashton, Knight ... concerning precedency Alexander, Jerome, Sir.; Ashton, William, Sir. 1661 (1661) Wing C853; ESTC R7783 21,183 14

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were a foolish presumption if a lapidary should undertake to state the value and lustre of a Jewel that is lockt up before he opens the Cabinet It is also necessary that those that study the law should be first called to the barr before they be admitted to plead and make the law their profession as wel ●or trying of their abilities as that they take the Oaths of supremacie and allegiance as all Protestant Lawyers do to witness their loyalty unto the King and his Government For how can the King trust him to practise the Law under 〈…〉 〈…〉 James 〈…〉 Knight 〈◊〉 second Baron of his Majesties him in his Courts to be conversant amongst his Records to have that opportunity by frequent discourse with his people to seduce them from their religion and obedience I say how can the King trust such men that will not acknowledge him to be the supream Head and Governour of his Kingdomes aswell in th● Church as in the state And Piety is the greatest Policy of all the rest And there is another statute in Ireland which if I understand it aright takes away that objection or scruple of conscience rather why they are so nice to take the Oaths of Supremacy and Allegiance as they are penned in the statut which commands the taking of them and which all Protestant Lawyers I say do take before they be admitted to the Barr. It is the Statute of 28. of H. 8. ca. 13. here in Ireland by which it is enacted and ordained that all and every ecclestastical Judge Ordinary Chancellor commissary Official Vicar general and other ecclesiastical Officer and Minister Stat. 28. H. 8. cap. 13. here in Ireland of what dignity preheminence or degree soever they shall be And all and every temporal Judge Justice Mayor Bailiff Sheriff under Sheriff Escheator Alderman Jurate Constable Headburrough Bursholder and every lay Officer and Minister to be made neated elected or admitted within this land of what estate order degree or condition soever he shall be from and after the said first day of Novemb. mentioned in the said statute shall before he take upon him the execution of the said Office make take and receive a corporal Oath upon the Evangelists before such person or persons as have or shall have authority to admit him that ●e from thence forth shall utterly renounce refuse relinquish and forsake the Bishop of Rome and his Authority power and Jurisdiction and that he shall never consent or agrée that the Bishop of Rome shall practise exercise or have any manner of authority jurisdiction or power within this land but that he shall resist the same at all times to the uttermost of his power And from thenceforth he shall accept repute and take the Kings Majesty to be only supream head in earth of the Church of England and of Ireland and that to his cunning wit and uttermost of his power and without fraud guile and other undue means he shall observe kéep maintain and defend the whole effects and contents of all and singular Acts and statutes made and to be made within this land in extirpation and extinguishment of the Bishop of Rome and his authority and all other Acts and Statutes made and to ●e made in reformation and corroboration of the Kings power and supream head in earth of the Church of England and of Ireland and this he shall do against all manner of persons of what estate dignity degree or condition they be and in no wise do attempt nor to his power suffer to be done or attempted directly or indirectly any thing or things privily or apertly to the let hinderance damage or derogation thereof or of any part thereof by any manner of meanes or for any manner of pretence And in case any Oath be made or hath béen made by him or any person or per-persons in maintainance defence or favour of the Bishop of Rome or his Authority or Jurisdiction or power he repute the same as vain and annihilate so help him God and all Saints and the holy Evangelists Cowels interpreter word office and Minshaw upon the word office And the word Office Minister do certainly comprehend and intend all those Irish that now practise the Law For the word officium doth signifie the function by virtue whereof a man hath some imployment in the affairs of another as the King or of any other common person and therefore should take this Oath they at least that are admitted to practise the Law And this Act of Parliament was made also in the time of Popery and by all the Sages of this Kingdome of Ireland by the Lords Spiritual and Temporal and Commons of the land all Papists whereby this question is clearly determined that the King is supream head of the Church And why should they more scruple to confess it now then they did then when their own Popish Bishops and Clergy Piers and Commons asserted it And Acts of Parliament are Established with such gravity sapience and universal consent of all the Realme and for the advancement of the weal publique that they ought to be maintained and supported For as Fortescue Fortescue ai cap. 18. Cok. 10. R. 138. case of Chester Wills ad idem saies of the statutes of England so may we of our Irish statutes Quod Hiberniae Statuta non principis voluntate sed totius regni assensu conduntur quo populi laesuram illa efficere nequeant vel non eorum commodum procurare prudentia enim et sapientia ipsa esse re●erta putandum est dum non unius aut centum solum consultorum virorum prudentia sed plus quam Trecentorum electorum hominum qualem numero olim Senatus Romanorum regebatur edita ●●nt And Acts of Parliament made by King Lords and commons of Parliament are as well of the laws of Ireland and therefore to be expounded by the Judges of the Laws of Ireland although the Acts concern ecclesiastical and spiritual jurisdiction That the Judges of Ireland ●● in England do take place and precedencie one before another as they are sworn one before another Then for a close of all I shall make it to appear That it hath béen the constant usage and custom here in Ireland as in England That the Judges of Ireland as in England do take their Precedencies one before another as they are first sworn Judges one before another and according to the Course and manner of England The case of tenures upon the commission of defective titles argued by all the Judges of Ireland and printed 1637. By my Lord chief Justice of the Kings Bench in Ireland that now is And for this I shall cite you a printed Case in the point The Case of Tenures upon the commission of defective titles Some of the Judges now being Judges then and can witness it viva voce if néed be The Case was this King James by Commission under the great Seal dated the second day