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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A77413 Briefe collections out of Magna Charta: or, the knowne good old lawes of EnglandĀ· Which sheweth; that the law is the highest inheritance the King hath; and that if his charter, grant, or pattent, be repugnant to the said lawes, and statutes, cannot be good, as is instanced in the charter of Bridewell, London, and others. By which it appeares; that the King by his charter may not alter the nature of the law, the forme of a court; nor inheritance lineally to descend; nor that any subject be protected from arrests, suites, &c. England. Magna Carta. 1643 (1643) Wing B4557; Thomason E38_12; Thomason E102_11; ESTC R2906 6,685 16

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Briefe Collections OUT OF Magna Charta OR The Knowne good old LAWES OF ENGLAND Which sheweth That the Law is the highest Inheritance the King hath and that if His Charter Grant or Pattent be repugnant to the said Lawes and Statutes cannot be good as is instanced in the Charter of Bridewell London and others By which it appeares That the King by His Charter may not alter the Nature of the Law the Forme of a Court nor Inheritance lineally to descend nor that any Subject be protected from Arrests Suites c. Printed at London for George Lindsey and are to be sould at his Shop over against London-stone 1643. Collections out of MAGNA CHARTA OR The knowne good old Lawes of ENGLAND INter Magnalia Regni Magnalia Regni 19. H. 6. Amongst the greatest and most haughty things of this Kingdome as it is affirmed in the 19. H. 6. Le ley est le pluis hault Inheritance q. le Roy ad c. That is the Law is the highest Inheritance that the King hath For by the Law both the King and all his Subjects are ruled and directed The Maximes to direct the King The Maximes and Rules whereby the King is directed are the ancient Maximes and Customes and States of this Land The Maximes The Maximes are the foundations of the Law and the full and perfect Conclusions of reason The Customes of the Realm The Customes of the Realme are properly such things as through much often and long vsage either of simplicitie or ignorance getting once an Entrie are entred and hardned by Succession and after be defended as firme and stable Lawes The Statutes of the Realm The Statutes of the Realme are the resolute Decrees and the absolute Judgements of the Parliament established by the King with the common consent of the three Estates who doe represent the whole and entire Body of the Realme of England To the purpose of this discourse The law is If any Charter bee graunted by the King the which is repugnant to the Maximes Customes or Statutes of the Realme Then is the Charter void and it is either by Quowarranto or by Scirefacias as learned men have left Presidents to bee repealed As in Anno 19. Ed. 19. Ed. 3. 3. That a Kings Grant which is either repugnant to Law A Kings Grant repugnant to Satutes c. not good Custome or Statute is not good nor pleadable in the Law See what Presidents thereof have beene left by our wise Forefathers It is set downe in 13. 13. H 6. H. 2. H. 6. That King H. 2. had by his Charter granted to the Pryor and Monks of S. Bartholomews in London that the Pryor and his Monks should be as free in their Church as the King was in his Crowne Yet by this grant was the Pryor and his Monks deemed and taken to be but as Subjects and the aforesaid grant in that respect to be voide For by the law the King may not any more disable himself of his regall superiority over his Subjects then his subjects can renounce or avoide their subjection against or towards their King or Superiour Stacyes example You know that Stacy would have renounced his loyalty and subjection to the Crowne of England and would have adopted himselfe to have been a subject to King Philip of Spaine But answer was made by the Court That by the lawes of this Realme neither may the King release or relinquish the subjection of his subject neither may the subject revolt in his allegiance from the superiority of his Prince There are two notable presidents in the time of King Edward 3. K. Ed. 3. the which although they take place in some one respect yet were they not adjudged of according to the minde of the King being the Grantor The L. Mountague That is the King granted unto the Lord William Mountague the Isle of Wight and that he should be crowned King of the same The Earle of Darby And he also granted unto the Earle of Darby the Isle of Man and that he should be crowned King of the same Yet these two personages notwithstanding the said grants were subjects 8. H. 4. and their Islands were under the dominion and subjection of the King and in that respect were the grants voide It was spoken in the 8. 31. H. 6. H. 4. Quod potest as Principis non est inclusa legibus That is a Princes power is not bounded with rules or limits of the law howsoever that sentence is so the law agreed to the contrary The 31 H. 6. whereas it is agreed for law That it is not in the Kings power to grant by his Charter that a man seized of land in see simple may devise by his last Will and Testament the same lands to another or that the youngest sonne by the custome of Burrough English shall not inherit or that lands being Frank fee should be of the nature of ancient demeasne Or that a new incorporated towne 34. H 8. that an assize of Fresh force should be used or that they shall have toll traverse or through toll or such like c. 37 H. 8. 49. Ass 4.8 See also a notable case agreed for law in 6. H. 7. where the Justices doe affirme the law to be that Rape is made felony by statute and that the same by the law is not inquirable but before Justices that have authority to heare and determine of the same In this case the King cannot by his Charter make the same offence to be enquired of in a Law day nor the King cannot grant that a Leet shall be of any other nature then it is by the course of Common Law So thereby it appeareth that the King may not either alter the nature of the Law the forme of a Court or the manner or order of pleading And in 8. H. 6. it is agreed for Law Anno 8. H. 6. That the King may not grant to I. S. That I. S. may be judge in his owne proper Cause nor that I. S. shall be sued by an action at the Common Law by any other person nor that I. S. shall have a Market a Faire or a free Warrant in another mans soyle Hill Justice And in the long Record by Hill the reverend Judge it is said for Law That whereas the King hath a prerogative that Hee shall have the worship of the body of His Tenants although be hold of the King but by posteriority yet if the King grant over his Seigniory unto another with like prerogative notwitstanding any Posteriority the prerogative shall not passe For saith the Booke the King by His Charter cannot change the Lawes The same Law is That the King cannot grant unto another the prerogative of Nullum tempus occurrit Regi nor that a Discent shall not take away an Entry nor a Collaterall Warrant shall not bind nor that Possessio Fratris shall not take place nor that