Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	law_n	resist_v	2,184	5	9.6676	5	false

Text snippets containing the quad

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

for the better qualifying of them for other imployments both The Seniority goes according to the admittance both in the house and abroad at home and abroad They have degrees given them also as in the Vniversities and not degrées only but also a state no less solemn then theirs And as in the Vniversities he that is first matriculated and so received into the fellowship of the Vniversity hath the Precedency of all that come after him So it is in the Inns of court All students take their places according to their admittances into those societies whereof they are made members Which is done by the several Benchers of those houses to whom they are presented And as this admittance and the receiving thereof gives us Precedency in the house at all méetings and exercises within the house so it doth abroad As at all readings in the Inns of chancery whether two from every of the four houses are sent to argue the Readers case There every man takes his seniority according as he hath béen admitted in any of the Inns of court without distinction The degree of the bar gives seniority to all that slip their time And when they take their Degrée of the Barr still they continue their seniorities unless it happens as often it doth that some do slip their time and do not take their degrée till afterwards and then he looses his antiquity to all that have taken their degrees before him for the Degrees gives the seniority The same rule is holden as to calling to the Bench. The same rule is holden as concerning those that are called to the Bench. He that is first called hath his seniority accordingly The same rule is concerning Serjeants at Law when called The manner shewed herein before The same order is observed concerning the call of Serjeants all are sworn according to their Seniorities And as a Barrester at Law cannot regularly be called till he be seven years standing a student So no man can be made a Serjeant at Law till he be sixtéen Fortescue 120. years a student in some one of the said four Inns of Court and a Barrester and hath been a reader in the house whereof he hath béen a member To be a double reader how ment Some will have it that he must be double Reader before he be made Serjeant But that may be ment of reading in the Inns of Chancery and then in the Inns of court as commonly all did heretofore that were made serjeants and yet that is no certain rule For now serjeants are commonly called that have but read in the Inns of court alone some have béen called that have not read at all as Sir Thomas Heatley who was made puis●e to all that call of serjeants though he were senior to many of them that were called with him which 2 Par. Crook Rep. 671. proves that reading in an Inns of court is necessary to precede the calling and degrée of a serjeant at law Some call them serjeants of the Quoife And that procéeds from this You may observe them to wear a white Quoif of silk it Fortescue de laudibus legum Angliae 120. and 121. should be in token or sign that all are thus graduate which is the principal and chief insignment of habite with which Serjeants at law in their creation are decked and neither the Justice nor yet the serjeant shall ever put off the Quoife no not in the Kings presence though he be in talk with him Fortescue ibid. What a Judge is But a Judge is no degree in the Law saith Fortescue but an office only and a room of authority for to continue during the Kings pleasure And in England he cannot be a Judge unless he be made aserjeant at Law first Order and precedency amongst the Judges And we shall find order and Precedency amongst them also Both in England and Ireland The Lord chief Justice of the Kings Bench takes his place before the Lord chief Justice of the Common Bench and the Lord chief Justice of the Common Bench before the Lord chief Barron and the Lord chief Barron before all the puisne Judges of every the Courts of Law and then the puisne Judges of all the Courts one before another as they are sworn one before another See 2 par Crooks R. 170 par 24. Judge Fosters case Swearing first gives the Seniority Sir Thomas Foster Serjeant was sworn a Justice of the common Bench. And Sir Edward Heron being an antienter Serjeant then he was sworn one of the Barrons of the Exchequer and because Serjeant Heron was sworn after See Crooks 2. Rep. 197. the other and though both in one day yet he lost his antiquity to Foster for that reason only No Saving no Precedency But there was neither any demand of Precedency nor any Saving in that Case as in this case of mine for I did all things in order to preserve my right And am therefore confident I shall not loose it The next is Sir George Crooks own case who in Michaelmas Tearm 4. Sir George Crooks own Case in his 1. Rep. 127. Caroli Being then a Judge in the Court of common Pleas was removed into the court of Kings Bench and before his removal Justice Yelverton then a fellow Judge with him in the same Court. And Sir Thomas Trevor and Vernon being then Barrons of the Exchequer were his puisnes who pretended that by his removal and his taking the Oath de novo in the Kings Bench he had lost his Precedency to them and therefore claimed the place of him But it was ruled by all the Judges for Sir George Crook but upon this reason that albeit he were new sworn yet he never ceased to be a Judge And therefore his swearing de novo in another Court did not loose him his Precedency which he had before First By all which it doth appear that all students of any of the Inns of Court in England have Precedency one before another as they are admitted in time one before another And secondly That all Barresters Benchers and Serjeants at Law have Precedency one before another as they are called to those degrées one before another Thirdly That an puisne Judges take their Seniorities as they are sworn one before another Fourthly That all Barresters Benchers Serjeants and Judges when more come at one time to be sworn together each is sworn according to his Seniority which he hath before others at the time of his swearing His Majesties Letter of a prior date doth give Sir William Ashton no right of Precedency before me at all The next thing that is confiderable in this Case is what his Majesties Letter of a prior date doth opperate to give to Sir William Ashton precedency before me His Majesties Letter imports no more but his Majesties pleasure thereby signified and direction given to make him a Judge So is only an act of choise and of no more effect

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