Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	county_n	justice_n	session_n	5,221	5	10.3826	5	true

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

England and Ireland have constantly and continually used to swear the Judges to exercise their Offices according to that Oath prescribed by the Statute of 18. E. 3. Before they enter upon the execution of their places So that Albeit it be the Letters Pattents which makes him a Judge yet without this ceremony of first swearing him to be faithful to his trust c. He cannot take upon him the execution of that Office The King is Fons Justitiae and as Kitchin sayes at first did justice to his people in his own person As Moses did in the time of the old Law until Jethro The King is Fons Justitiae Kitchin advised him to depute Judges under him for lesser matters to ease him ofso great a burthen Thus our Kings of England and Ireland of their Prerogative Royal have the The King have the sole nomination and appointment of his Judges sole denomination and appointment of their Judges Whose Offices being granted to them by Letters Pattents under the Great Seal Yet the Lord Chancellor delivers them to them and not before they have taken the Oaths of Judges as a Feoffment in Fee without livery and Seizin takes no effect So this Oath is as a Livery and Seizin to give them possession of their places A feoffment in fee without livery seizin takes no effect The Lord Chancellor may perform this office as he pleases yet most regularly 't is done in that Court where the party is made a Judge The Lord Chancellor sitting there in person and calling the party before him advertising him of the Kings favour and pleasure causes the Letters Pattents to be read then The manner how Judges ars ussually sworn gives him the Oath then admonisheth him concerning his trust how he ought to be faithful in that and how to carry himself then sets him in his seate and there leaves him My Lord Chancellor of England too is the prime Agent in making of Serjeants The Lord Chancellor of England a prime agent in making of Serjeants at Law at Law out of which the Judges there are still chosen by the King and there he cannot be a Judge that is not first a Serjeant Fortescue 120. Fortescue some times Lord Chancellor of England describes the manner of calling of Serjants in those daies The Lord chief Justice of the common Bench by the councel and assent of all the rest of the Judges have used to chose seven or eight of the discréetest persons that Fortescue de laudibus legum Angliae 117. have most profited in the study of the Laws to be called Serjeants presenting their names unto the Lord Chancellor in writing who by vertue of the Kings writ which he issueth he chargeth every of the persons elect to be before the King at a day by him assigned to take upon him the state and degrée of a Serjeant The manner of calling of Serjeants at Law under a penalty in the Writ mentioned at which day the Lord Chancellor swears them c and so invests them in their degrees of Serjeants And afterwards they are presented at the Common Bench bar unto the Judges in their Fortescue supra 120. Brook 1. par R. 84 party coloured robes Where they are admitted to plead and none but Serjeants Thus the Lord Chancellor hath the sole power by antient usage and custom which is the Law of the land investing every Serjeant and every Judge in taking The Lord Chancellors have the power of order in these cases their degrees and places According to their Seniorities as they are in their degrees one before another Neither in any Country in the world is there any special degree given in the Laws of the same lands but only in the Realme of England Then my Lord Chancellor having made this saving in the Case to preserve Fortescue 120. my right of Precedency I shall in the next place indeavour to proove that it is No degrees given in the law of the same land but in England ●ali● and of force to preserve it to me A Saving is the preserving of a right from being lost by an act which otherwise would destroy it And therefore Savings are most frequent in Acts of Parliament to preserve mens rights that they be not lost Which to pass without a Saving were A Saving what it is otherwise extinguished Several kinds of rights Cook 1. Instit 345. Now there are several kinds of Right As. 1 Jus recuperandi 2 Jus intrandi 3 Jus habendi 4 Jus retinendi 5 Jus percipiendi 6 Jus possedendi So that this wor●● Right is of a large extent and in a Saving doth include Plow Com. 487. b. 488. a. every one of these Rights And more And as it is said in that Case that it stands with reason and justice that that Right shouldbe alwaies preserved to him to whom it doth belong And therefore this word Saving saith Plowden extendeth to preserve unto a man everything that is his It is a general word and shall in the Saving be extended to that thing which a man pretends right unto or in which he hath an estate Thus in Fi●e● the right of the Land includeth and passeth the state of the Land Cooks Instit 1. 345. esse jus Stat. West 2. 3. jus summum As cognov●t tenementum Praed esse Jus ipsins B. And so in the Statute of West 2. ca. 3. The Statute saith defendere Jus suum which is Statum suum Then the Case of my Lord Dyer concerning the Deanary of the Cathedral Dyer 10. Eliz. 273. Church of Wells which was first surrendred and afterwards extinct by Act Parliament Saving to all strangers their rights c. and this adjudged a preserving of all the rights of strangers whatsoever that had any estates made them by the Deane or Chapter before Then in Pophams Reports Pophams Rep. 16. there is a Case to this effect viz. The Town of Gloster made a County with a Saving that the Justices c. may sit there That King R. 3. by his Letters Pattents doth grant to the Burgesses of Gloster and unto their successors that the Town of Gloster shall be a County of it self several and distinct from the County of Gloster Saving to the King His Heirs and Successors that the Justices of Assize and Gaol Delivery and Justices of the Peace of the said County may at all times enter into the said Town and hold and kéep the Assizes and Sessions there for the said county And it was adjudged by all the Justices that this was a good saving whereby the Judges of Assizes and Justices of the Peace might enter into the Town and kéep the Assizes and Sessions there for the County at large For as the King by his Letters Patents may make a County and except this from any County so in the making of it he may except and save to himself what part of the jurisdiction and priviledge