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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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of the Peace But this was not by Commission or by Grant but by Act of Parliament made Anno 22. H. 8. cap. 14. Anno 22. H. 8. cap. 14. The Justices of both the Benches have used to examine the abilities and disabilites of Attourneys and by their discretions to place or remove them upon their misdemeanours without any solemnitie of triall at the Common-Pleas or Law And that is and have been done by the Treasurer and Barons of the Exchequer touching their Attourneys But if you search the cause thereof you shall finde the cause to be done by the authoritie of Parliament An. 4 H. 4. cap. 1. Anno 4 H. 4. cap. 1. And whereas sundry men are arrested by Latitat Capias Attachments and such like Processe whereof their corporall presence is required yet upon infirmities and other maladies the Justices having examined the matter may by their discretions admit them to make Attourneyes But note you in this case Anno 7. H. 4. cap. 13. that all this is done by authority of Parliament An. 7. H. 4. cap. 13. The Commission of Bankrupts gives power to their Commissioners to take order by their discretions both with the body and goods of the Bankrupt and set the Bankrupt out of his house and him to imprison and all this is referred to the discretion of the Commissioners But this is by authority of Parliament Anno 13. Eliz. cap. 7. An. 13. Eliz. cap. 7. The punishment and examination of such as countefeit Letters of privie tokens is referred to the discretion of the Justices of peace in every Countie But this is by Parliament Anno 33. Anno 33. H. 8. cap. 1. H. 8. cap. 1. The examination of Riots Routs and such like misdemeanours in the Star-chamber is referred to the discretion of the Iudges of the Court Anno 3. H. 7 cap. 1. Anno 2. H. 8. cap. 20. But this is by Parliament An. 3. H. 7. cap. 1. An. 2. H. 8. cap. 20. The examination of vnlawfull hunting in Parks warrens c. is referred to the discretion of the Iustices of the Peace And if the Offender deny his hunting then it is felony This is also by Parliament Anno 1. H. 7. cap. 7. Anno 1. H. 7. cap. 7. The Rate Taxation and punishment of servants labourers c. of their wages is referred to the discretion of the Iustices of Peace in every County and Citie but this is by Parliament Anno 5. Eliz. cap. 4. Anno 5. Eliz. cap. 4. The examination of Rogues and Vagabonds with the forme of their punishment is referred to the lustices but by Parliament The determination of all causes in Wales is referred to bee ended by the Kings Councell there established by their Wisdomes and discretions but yet this is by Parliament The Grant of the Pluralities Tot quots Qualifications Dispensations Licences an Tollerations is referred to the discretion of the Arch-Bishop of Canterbury but this is by Parliament The dealings and examinations of High Commissioners are authorized altogether by Parliament And to be short you shall find in the great volume of the Statutes neere the number of fortie Acts of Parliament that doe refer the examination and punishment of Offenders to the wisdome and discretion of the Iustices Whereupon I doe note Nota. That if the King by Prerogative might have done all things by Commission or by Charter That it had been in vaine to have made so many Lawes in Parliament for the same And to make the Law more manifest in this question In ann 42. Ed. 3. lib. Assiz 11.5 Ann. 42. E. 3. lib. Assiz 11.5 A Commission was sent out of the Chancerie to one I. S. and others to arrest the body and goods of A. B. and him to imprison and the Iustices gave judgement that this Commission was directly against the Law to take any ones body without Indictment and therefore they took the Commission from the Commissioners Nota. to the intent to deliver the same to the Kings Councell Anno 24. E. 3. Quod nota And I doe also find in the 24. yeere of King E. 3. this president That a Commission was granted to certaine persons to indict all those who were notoriously slandered for any felonies trespasses or for any other misdemeanors yea although they were indicted for the same And it was adjudged that this Commission was directly against the Law And thus I doe conclude upon the whole matter That the Commission of Bridewell would bee well considered of by the learned Councell of the citie For I do not think to the contrary but that there bee learned that by their great knowledge in the Law are well able either in a Quo warranto or any other action brought to defend the same FINIS