Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	judge_n	law_n	3,614	5	4.9602	4	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

thereof he pleaseth My own Cose in Lincolns Inn. Lincolns Inn ad concilium ibid tent 11. die Febr. An. R. Jac. c. 20. And I shall conclude this point with a case of mine own Vpon reading a certificate that Jerom Alexander Gent. was admitted in the society of Furnivals Inn the first day of July 1609. and during his abode demeaned himself well and performed exercises of learuing and being now a fellow of this house was at this Councel called to the Barr. Albeit he was not seven years compleat of this society Saving to all his Antients their Antiquity and is to be published in Easter Term next He first paying all duties to the house and chappel Ro. Ayre C N. L. Mr. Justice Brown now one of the Judges of the common Bench in England and my self being both admitted of the house of Lincolns Inn upon one day and at one time yet because I had been a student three or four years in Furnivals Inn before had the favour of the house to be called to the Barr one year before him so by taking of that degree should have been his Antient and taken Precedency before him Albeit re vera he were my Antient in the house before But in the order of my call there is a Saving to all my Antients their antiquity and by this saving I lost my Precedency to him and upon this only reason that the Barrester which presented him to the Bench at the same time was antient to the Barrester that presented me and yet both presented together at one instant of time This is directly in the point So as that by a saving I once lost my Precedency so now I hope by a saving to preserve my right of Precedency it being my due and just to have it Then as to Sir William Ashtons second question Whether the right of Precedency belonged at first to me as antient to Sir Willam in the Inns of Court Or to Sir William Ashton either in being second Justice of the Kings Bench or as having his Majesties Letter of a Prior date And I shall clearly proove that the right of Precedency did clearly belong to me at first 1. Notwithstanding that Sit William Ashton was made second Justice of the Kings Bench. 2 And notwithstanding that his Letter is of a Prior date The first question The second in order to be debated Then first We must look to the rock from whence we are hewen to the Inns of Court in England and see what is usually in such Cases done there and then consider what is to be done and is usually done here in Ireland in a Case of this nature Of the Inns of Court and Inns of Chancery in England Then in England we know there are four Inns of Court and eight Inns of Chancery two Inns of Chancery appropriate to every Inns of Court Where that all those that profess the Law under the degrees of Serjeants for they Four Inns of Court eight Inns of Chancery in England have two Inns belonging to themselves apart where the Judges and Serjeants do only lodge but all aswel those in places Judicial as Ministerial have their breedings there at first And antiently every one that intended the practise of the Law was first admitted of one of the Inns of Chancery and began his studies there where by converse with Officers Attourneys and Clerks belonging to the Courts of Law they gained much knowledge and experience in the practique part of the Law which made their studies much more easie and made them much the better to understand the Theory of it in their books and fitted them much the better for the practise of it afterwards Nor was it time lost to study there not only for the reasons aforesaid but of great benefit and advantage also For that every Inns of Court having two of the Inns of Chancery appropriate to it they usually sent them Readers from amongst themseves Barresters at Law to read the law to them in those Inns before whom they performed exercises of learning argued the readers case at the barr in Every Judge was first a student of some one of the Inns of Court then a Barrester then a Bencher then a Reader then a Serjeant at Law then a Judge in the house And then every Inns of Court also sent two students of the most antient under the barr for to argue likewise the readers case there in the said Inns of chancery And in this way antiently were all our famous Judges of England bred and whose judgments we now reverence as Presidents for imitation And then when after they came from thence to the Inns of court they had some of that time allowed them which they had spent in the Inns of chancery in their studies for promotion unto the Barr. Then every Judge in England was first a student in some one of the four Inns of Court and after seven years study was by the Benchers who are the Govenours Carys Case in Noys Rep. 107. of those houses called to the Barr and admitted to practise as a councelor at Law then was a Bencher then a Reader then a Serjeant then a Judge And in England no man can be admitted for to practise as a Lawyer before he hath been called to the Barr. For in Noy's Reports in Carys case it is there delivered for Law that by the course of the common Law a man may not give The Inns of Court no bodyes politique councel or advice until he hath béen called to the barr no though he hath Letters pattents enabling him to do so as fully as if he had béen called to the Barr. The study of the Law a noble study And though the Inns of court be no Bodyes Politique incorporate by letters pattents to plead and be impleaded by any name yet by the common law of England which are the common customs of the land they have gained such a The study of the Law qualifies men for other imployments both at home and abroad though they make it not their profession power to themselves that within their several societies they have the power of an order and Government to promote the noble study of the law in the best way they shall think fit And therefore the more noble because almost all the Nobility and Gentry of the land for the most part have their education there as it were an Vniversity or school of all commendable qualities requisite for Noblemen and Gentlmen where those that will not make it their profession yet do exercise themselves in They have degrees given in 〈◊〉 And in no other Country in the world for the Laws of the land all kind of other studies and pastimes which are fit for Noblemen and Genlemen to recreate themselves withal And therefore for the endowment of virtue Noblemen and Gentlemen will place their children in those Inns of court though they desire not to have them practise the law but

is 34. H. 8. Brooks Cases foll 57. P. 225. consuetudo interjuratores per totam Angliam c. This is said to be the common law And so all these customs and usages of making Barresters Benchers Serjeants and Judges and their taking of their Precedencies one before another as is aforesaid This Lex te●e is the common law of the land And is a matter of civil right and order neither against Justice nor the Common Wealth 22. H. 6. 21. 34. H. 8. Dyer 54. nor is it to the prejudice of any man and therefore reasonable and to prevent disorder and confusion and therefore necessary and convenient And then Consuetudo ex rationabili causa usitata And so just And if we shall well weigh and consult the statute of 33. H. 8. 3. here in Ireland Stat. 33. H. 8. 3. We shall find that it was the judgment of that Parliament that it should be so which is but a declaration of the common law before For that statute sayes And provides thus viz. Provided alwayes and be it Enacted by Authority aforesaid that no person or persons that now is or hereafter shal be within this Realm except the Party The Proviso Planitiffe or Demandant Tenantor Defendant shall be admitted or allowed as a pleader in any of the Kings fower principal Courts within this His gracious Realme in any case or matter whatsoever it be or yet to make or exhibite to or in any of the said fower Courts any declaration or bills plea in barr replication or rejoynder or to give evidence to any Jury unless it be for the Kings Majesty or to argue any matter in law or yet to do or minister any other thing or things in any of the said fower Courts which customarily have béen used to be done by one learned or taken to be learned in the Kings laws but such person and persons as hath or shall be at one time or several times by the space of _____ years compleat at the least demurrant and re●●ant in one of the Inns of court within the Realm of England studying practising and indeavouring themselves the best they can to come to the true knowledge and jvdgment of the said laws upon pain of one hundred shillings to every person or persons offending contrary to the Proviso last before specified or any thing therein contained Now upon this statute I do observe First That it was made in a time of Popery When all Lawyers then were Papists and had liberty to plead in England and Ireland And yet it was not thought fit that any man should practise the law that had not studied to make himself able for the exercise of the same profession And therefore the statute calls them that should be thus admitted to plead men learned in the laws and men cannot be learned in the laws without studying the laws Secondly Because they had no Inns of court in Ireland Though by the introduction of the common law into England it is conceived they had the liberty of erecting Inns of court and Inns of chancery as in England yet wanting the means to do it for to avoid barbarisme and nescience or ignorance in the practise of the Law They make this statute to compel those that should profess the Law in Ireland to run the course of their studies in the Inns of Court first in England and therefore are in England to be called to the barr before they plead And this shews likewise that they are two distinct Kingdomes though governed by the like Laws And that it was something doubtful before this Law was made whether a Barrester of England might practise here in Ireland without leave and licence of the State Thirdly That howsoever this blank for the years of their studies how many they shall be happens to be in this statute yet certainly it cannot be intended a lesser number of years then seven years which are the number of years that men usually study the Laws in England before they be called to the Barr and then all Lawyers were Papists and yet could not practise the Law as a Councellor without first being called to the Barr. And then again the word compleatly immediatly following the blank doth insinuate the same thing According to the rules and orders of those Inns of Court where they were to compleat their studies And it is but reasonable and just that a man should spend so many years for to acquire the understanding and knowledge of so honorable a Science and profession when as an Apprentice to every trade and Mechanical occupation is by the Law tyed to serve seven years before he can be made free to exercise his trade or occupation And Laws are called Libertates quia liberos facit because they make a man Cokes 8 R. 129 130. in case upon the s●at of 5 Eliz. of Apprentices cap. 4. free too though in another sence And Sir Edward Cook in the Case upon the statute of 5. Eliz. Concerning Apprentices to be first bound to serve seven years and then first to be approved of by the Masters of those companies under which they serve before they can be admitted to use their trades He highly commends Coke li. 6. 19. this Law saying that as this course begets skill in the exercise of trades so it were prejudicial to the Kingdome if such should be permitted to use trades in which they have no skill or understanding In respect of the dangers which they themselves run also and may incur otherwise For be that will take upon him to use a trade in which he hath no Fitz. Na. br 9. imperitia est maxima mechanicorum poena quoslibet quaerit inqualibet arte peritos Coke 11. R. 54. skill the Law provides him a punishment as in Fitz Herberts Natura Brev. where an action of the Case was brought against a smith for pricking of a horse For men ought to be skilful before they undertake such faculties And Scientia we say non habet inimicum praeter ignorantem Ignorance is the greatest enemie to science For these are like blind men shooting at a Crow if they kill her it is by chance They are like ignes fatui commonly leading men out of the way whiles they shine bright in their eyes The proverb is true in this also Money makes this man But as 't is said of the Nightingale he is Vox praeterea nihil a sound and nothing else And 't is against the rule of the common Law for one tradesman to take up anothers trade in which he never served And 't is observable also that Barresters are called Apprentices to the Law Barresters at Law called Apprentices because they serve as Apprentices seven years before they attain the Barr. And much rather it ought to be so as the study of the Law is far more difficult then it can be for a man to learn a mechanical trade and occupation And how can a blind man judge of colours It