Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ...

Cap. XXXVII.

Iustices of the Kings Courts in Westminster-Hall, how cre∣ated.

THe Lord Chancellour of Eng∣land shall enter into the Court, where the Iustice is lacking, bringing with him the Kings Letters Patents, and sitting in the midst of the Iusti∣ces, causeth the Serjeant so elect, to be brought in, to whom in the open Court he notifieth the Kings pleasure touching the office of the Iustice then void, and causeth the said Letters to be openly read, which done, the Ma∣ster of the Rolls shall read before the same elect person, the Oath that he shall take; which when he hath sworn upon the Holy Gospell, the Lord Chancellour shall deliver unto him the Kings Letters aforesaid, and the Lord Chief Iustice of the Court shall assign unto him a place in the same, where he shall then place him, and that place shall he afterwards keep.

That he shall indifferently minister Iu∣stice to all men, aswell foes as friends, that shall have any sute or plea before him, and this he shall not forbear to do, though the King by his Letters, or by express word of mouth would command the con∣trary: and that from time to time, he shall not receive any fee or pension, or livery of any man, but of the King only, nor any gift, reward, or bribe of any man, having sute or plea before him, saving meat and drink, which shall be of no great value.

A Iustice thus made made shall not be at the chardges of any Din∣ner, or solempnity, or any other cost at the time when he taketh upon him his office and dignity, forasmuch as this is no degree in the faculty of the Law, but an office only and a room of authority to continue during the Kings pleasure.

As to the manner of their riding to Westminster-Hall, after they are so made, take these instances from the authorities here cited.

Upon Wednesday 29 Ian. An. D. 1605. this House (id est, the Inner-Temple) with the Students of the Innes of Chancery belonging to the same, did accompany Mr. Iustice Coventrie (sometime a Bencher of this House, and newly chosen a Iudg of the Common Pleas) from his Chamber at Serjeant's Inn, to Westminster, and that time the Iudg went formost, after him the Bench, and then the Barr, then the Gen∣tlemen of the House, and then the Stu∣dents of the Innes of Chancery aforesaid, which was erroneous: for the Innes of Chancery should first set forth, then the young Gentlemen of this House, then the Barr, then the Bench, the Antients com∣ing last, and then the Iudg last of all. Which error was the next day (being Thursday) reformed, in accompanying Mr. Iustice Tanfeild, newly chosen Iustice of the Kings Bench to West∣minster, from his Chamber at Serjeant's Inn.

And accordingly did Sir Henry Mountagu Knight, one of the King's Serjeants at Law and Recorder of the City of London, proceed, in Micha∣elmass Term 19 Novembris, an. D. 1616. (& Regni Regis Iacobi 14.) then succeeding Sir Edward Coke in the Chief-Iustice-ship of the Kings Bench; viz. First went on foot the yound Gentlemen of the Inner-Temple (of which House he was;) After them the Barristers according to their seniority; Next the Officers of the King's Bench; Then the said Chief-Iustice himself on Horseback in his Robes, the Earl of Huntington on his right hand, and the Lord Willoughby of Eresby on his left, with above fifty Knights and Gen∣tlemen of quality following.

Notes

• Fortescu de laudibus Le∣gum Angl. Cap. 51. fol. 121. b.
• Iustices how created.
• His Oath. Ibid. fol. 122. b.
• Ibid. f. 123. a.
• Ex Regist. In∣ter. Templi fol. 58. a.
• Ex Annal. Ia∣•••••• Regis. MS. per V. Cl. 〈…〉〈…〉