Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	king_n	knight_n	3,713	5	8.4889	4	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

of March in the fourth year of his reign did authorise certain Commissioners to grant the Mannour of Dale by Letters Pattents under the great Seal of Ireland to A. and his heirs and there is no direction given in the said Commission touching the Tenure to be reserved To prove this by testimony There are Letters Pattents by colour of the said Commission passed unto A. and his heirs to hold by Knights service as of his Majesties castle of Dublin See Baron Dungans Certificate heretofore a Judge of the Kings Bench in Ireland which follows in hac verba The question was whether the said Letters Pattents be void in the whole or only as to the tenure Which Case was argued by the councel of the Lord Dillon in the first place which was Mr. Nicholas Plunket then by Serjeant Catlyn for the King And after by John Pollexfen for the Lord Dillon and then by Osbaldeston Attourney General for the King At the request of Sir Jerom Alexander Knight second Justice of his Majesties Court of common Pleas. I do certifie That concerning the Precedency of the Judges here in Ireland I know that when Hugh Cressey Esq deceased was second Justice of his Majesties Court of Kings Bench in Ireland That Sir Samuel Mayart Knight deceased being then second Justice of his Majesties Court of Common Pleas took Precedency of him as being the antienter Judge And I have often heard and sometimes observed that the second and third Judges of the Courts of Justice here in Ireland took their Precedency in order as they were first sworn Judges And I do know that Sir James Barry Knight then second Baron of his Majesties Court of Exchequer and now Lord Baron of Santrey and Lord Chief Justice of his Majestices Court of chief place took Precedency before Sir William Ryves Knight one of the Justices of the Kings Bench Being sworn second Baron of the Exchequer before he was made one of the Justices of the Kings Bench. And afterwards when Sir William Ryves dyed and I became of course second Justice of the Kings Bench Baron William Hilton then puisne Baron of his Majesties Court of Exchequer claymed Precedency before me as senior Judge and at that time some of the Judges inclined to his Precedency as he was a Senior Judge All which I shall be ready to testifie upon occasion And because it was a Case of great weight and importance it was delivered unto the Judges and they were required by the Lord Deputy and Councel to conferre and consider of it and to return unto them their resolution concerning it but they upon private conference among themselves did not agree in opinion and therefore it was thought necessary for publique satisfaction that it should be argued solemnly by them all And thereupon in Trinity Tearm 1637. the Case was argued accordingly And in that Book is set down all the Judges names that argued it and the order of their Precedency one before another and as in all Cases of Arguments by the Judges the puisne Judge begins first and so it procéeds to the Lord Chief Justice of the Kings Bench last and so it was done in this Case Sir William Ryves that was then puisne Judge of the Kings Bench. He began and argued first Then Sir James Barry now Lord of Santrey and Lord chief Justice of his Majesties Court of Kings Bench but then second Baron of his Majesties Court of Exchequer and second Judge to Sir William Ryves he argued next Then Hugh Cressey Esq one of the Judges of the Court of chief place in that place which Sir William Ashton now enjoyeth He argued next and after him upon another day appointed for the Case Sir Samuel Mayart one of the Judges of the common Pleas and then sitting in that place which I now enjoy Argued next then Sir Richard Bolton chief Baron argued next then Sir Gerard Lowther chief Justice of the common Pleas and then Sir George Shurley chief Justice of the Court of chief place By which the order of Precedency of the Judges in this Kingdome one before another doth appear to be the very same as in England according as they are first sworn Judges and my Predecessor being Senior Judge to Sir Williams Ashtons Predecessor had the place of him Vpon all which matter I conclude First That the right of Precedency belonged unto me at first as we stood unsworn as antient unto Sir William Ashton in the Inns of Court in England and that the same order is to be observed here in Ireland in asmuch as by the Stat. of 33. of H. 8. 3. here in Ireland No man can give advice as a Councellor at Law that hath not been first admitted of an Inns of Court in England And the common Law of England and Ireland which establisheth the Inns of Court in England being the same Secondly That the Courts of law in England nor in Ireland give no Precedency to the Judges at all Thirdly That Sir William Ashtons Letter of a prior date to mine gives him no advantage or benefit at all in the Case Fourthly and lastly That the saving to me of my right of Precedency upon the swearing of Sir William Ashton in the first place bath saved to me my right of Precedency And therefore I ought to be established in it accordingly Thomas Dongan Dated at my Chamber in the Inns this 3. day of January 1661. Jerom Alexander

THE CASE BETWEEN Sir Jerom Alexander Knight second Justice of His Majesties Court of Common Pleas in Ireland And Sir William Ashton Knight second Justice of His Majesties Court of Kings Bench in Ireland CONCERNING PRECEDENCY THE CASE as Sir William Ashton puts it is viz. Sir William Ashton hath a Letter from his Majesty to the Lords Justices Letter dated 3. Novemb. 1660. of Ireland to pass Letters Patents under the great Seal to make him second Justice of the Kings Bench there Dated the 3 Novem. 1660. Sir Jerom Alexander hath a like Letter to make him second Justice of the Court of Common Pleas in Ireland Dated 30 Novemb. 1660. Several Letters Pattents pass to each accordingly both Dated the 19 of Letter dated 30. Novemb. 1660. January 1660. Both Letters Pattents are presented to the Lord Chancellor at the same time Both Letters Patents dated 30. Jan. 1660. both being in place Sir Jerom Alexander demands Precedency and to be first sworn as Antient to Sir William Ashton in the Inns of Court in England and an utter Barrester before him Sir William Ashton demands Precedency and to be first sworn as he was made second Justice of the Court of Kings Bench as having a Precedency before the Court of Common Pleas and as his Letter from the King was of a prior date The Lord Chancellor inquires of the Officers of the Courts then attending his Lordship what the practise therein had formerly been and being informed by them Mr. Patrick Tallant one of whom was the most eminent Attorney in the Court of Common Pleas that the Precedency had alwaies been given formerly to the second Justice of the Kings Bench. Thereupon ordered Sir William Ashton to be first sworn with a salvo Jure to Sir Jerom Alexander if any he had The first question is to whom the right of Precedency belonged at first To Sir Jerom Alexander as antient to Sir William Ashton in the Inns of Court or to Sir William Ashton either in respect of being second Justice of the Kings Bench or as having his Majesties Letter of a Prior date The second question is whether Sir William Ashton being de facto first sworn ought not to have the Precedency as Senior Judge notwithstanding the Salvo Jure to Sir Jerom Alexander WILLIAM ASHTON The Argument for Precedency by Sir Jerom Alexander First I shall agree it to be the Case in all things but in this one thing only which is matter of Fact and resteth in Proof And I do affirm that it was not all the Officers of the Courts there present that did affirm that the Precedency had alwaies béen formerly given to the second See Mr. Tallants testimony under his hand of the 20 of Decem. 1661. in haec verba When the Right Honorable the Lord Chancelor demanded of me who should be first sworn Sir Jer. Alexander or Sir William Ashton I repaired down the stairs to enquire of those whom I conceived better to give an account of that matter then myself And meeting below the stairs with Coll. William Knight I put the question unto him Who answered me that the second Judge of the Kings Bench was alwaies sworn before the second Judge of the Common Pleas. And thereupon I came up again and informed his Lordship the same Pa. Tallant Justice of the Kings Bench nor is it so but the contrary But my Lord Chancellor directed Mr. Tallant who is that Eminent officer of the Court of Common Pleas mentioned by Sir William Ashton in the draught of his Case to inquire how the practise had formerly béen And he méeting with one Collonel Knight inquired of him who told him so and upon that single discourse with Collonel Knight without any conference had with any other of the Officers there present and without any knowledge that he had thereof himself Mr. Tallant returns my Lord Chancellor that answer And thereupon my Lord swears Sir William Ashton first with a Salvo Jure to me Now albeit this makes nothing for Sir William Ashton in the Case When I shall make the contrary to appear Yet I cannot admit of it because it is not the truth And therefore if my Lord Chancellor shall not upon hearing what we can say for ourselves be pleased to determine the difference but shall think fit to transmit it for England I shall humbly desire those words may be left out and the Ease made no otherwise then as it was and that Mr. Tallant may be called to declare his testimony to this relation in the Case But if in the Course of my Argument I make the contrary to appear all that allegation of Sir William Ashtons will be out of doors and fall of itself without any more ado So I shall proceed to argue the points of his Case And shall begin to argue his second point first as most material For if the Salvo Jure to me shall operate nothing we are at an end The first point will never come in question For if Sir William Ashton being de facto first sworn therefore ought to have the Precedency as Senior Judge Notwithstanding the Salvo Jure to me Then the controversie is at an end Therefore I shall indeavour in the first place to probe that this Salvo Jure doth séeme to me my right of Precedency Notwithstanding that de facto Sir William Ashton was first sworn As this Case is And howsoever Sir William Ashton have made this a question in the Case Yet I presume he is so much a Gentleman and so conscientions of his waies that if he shall be satisfied that the right of Precedency did belong to me to be first sworn as we stood unsworn that he will not take advantage of his own wrong and kéep that right from me which he should so gain by a false suggestion But I doubt not but to make it clearly to appear 1 First that the Salvo Jure in the Case have secured unto me what right of Precedency I had to be first sworn as we stood unsworn 2 Secondly That the right of Precedency to be first sworn did properly belong to me as we stood unsworn Notwithstanding his being made second Judge of the Kings Bench And notwithstanding the Prior date of his letter My Lord Chancellor the proper Judge of this controversie And first I conceive that Sir William Ashton will not deny but that my Lord Chancellor is the proper Judge of this controversie and so have power of doing right unto us both This is so undeniable a truth as it néeds no other proof but aconstant usage and custom as through all England so throughout all Ireland which is the Common Law For those customs and usages which are used and accostomed Per totam Angliam per totam Hiberniam are the Common Laws of England and Ireland Then the usual practise and course in these Cases have béen That the Lords The Judges Oath settled by the Stat. of 18. E. 3. Chancellors of