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cause_n court_n say_a writ_n 1,469 5 10.2245 5 false
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A05354 A treatise tovvching the right, title, and interest of the most excellent Princess Marie, Queene of Scotland, and of the most noble king Iames, her Graces sonne, to the succession of the croune of England VVherein is conteined asvvell a genealogie of the competitors pretending title to the same croune: as a resolution of their obiections. Compiled and published before in latin, and after in Englishe, by the right reuerend father in God, Iohn Lesley, Byshop of Rosse. VVith an exhortation to the English and Scottish nations, for vniting of them selues in a true league of amitie.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France. Selections Leslie, John, 1527-1596. 1584 (1584) STC 15507; ESTC S108494 94,307 147

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purpose of the Parlament is satisfied for such causes as we haue and shall hereafter more largely declare And if it were otherwise true yet doth this only defect of the Kinges hand breake infringe the whole Acte VVhy the stampe can not counteruaile the Kinges hand in this case For this is a statute correctorie and derogatorie to the commō course of the lawe as cutting away the succession of the lawfull true inheritours It is also as appeareth by the tenour of the same a most greuouse penal lawe and therfore we may not shift or alter the wordes of the lawe Neither may we supply the manner and doing of the acte prescribed by any other act equiualent So that albeit in some other thing the Stampe or the Kinges certaine knowen consente may counterpaise his hande yet as the case standeth here it will not serue the turne by reason there is a precise order and forme prescribed appointed VVerfore if by a statue of a Citie Ioan Andr in adit specul tit derequisit consul ad finem there be certaine persones appointed to do a certaine acte and the whole people do the same acte in the presence of the said persones the acte by the iudgement of learned Ciuilians is vitious of no valewe yea though the reason of the lawe cease yet must the forme be obserued For it is a rule and a maxime that where the law appointeth prescribeth a certaine platforme L. Si fundus ff de rebus eorum c. de rebus Ecclesiae in 6. whereby the Acte must be bound and tyed in that case though the reason of the lawe ceasse yet is the acte voyd and naught And whereas the Aduersaries obiecte against this rule the Parlamentes made by Queene Marie An ansvvere to the aduersaries touchinge Actes of Parlament alleaged to proue that the Kinges ovvne hād vvas not necessarie to the supposed vvil without the vsual style called somoned this obiection may sone be answered For it may sone appeare to all them that reade and pervse the said statute of Anno 35. Henrici octaui conteining the said style that by any especial words therin mētioned it is not there limited appointed that the forme of the style therin sette foorth should be obserued in euery writ And therfore not to be compared vnto the said statutes of 28. and 35. Henrici octaui wherein by special wordes one expresse forme order for the limiting of the succession of the Croune by the King is declared and set forth Bysides that the said writtes being made both according to the auncient forme of the Regester and also by expresse commaundement of the Prince vtterly refusing the said style could neither be derogatorie to the said Queenes Maiestie and her Croune nor meaning of the said statute Cōcerning the said style and for a final and ful answere vnto this matter it is to be noted that the writtes being the Actes of the Court though they want the prescript forme set foorth either by the cōmon law or statute yet are not they nor the iudgements subsequent ther vpon abated or void but only abatable and voidable by exception of the partie by iudgemēte of the the Court. 18. E. 3. fo 30. 3. H. 4 fol. 3. 11. 11. H. 4. fol. 67. 9. H. 6. fol. 6. 19. H. 6 fo 7. 10 35. H. 6. fo 12. 10. H. 6. fol. 16. 3. H. 6 fo 8. 33. E. 3. fo 13. Vide Prisot 33. H. 6. fol. 35. For if the partie without any exceptiō doe admitte the forme of the said VVritte and pleade vnto the matter whervpon the Court doth procede then doth the VVritte the iudgement there vpon following remanine good and effectual in lawe And therefore admiting that the said statute of 35. H. 8. had by speciall wordes appointed the said style to be put in euery VVritte and that for that cause the said VVritts of Somons were vitious wanting their prescript forme yet when the parties vnto the said VVrittes had admitted them for good both by theyr election and also by their appearence vpon the same the lawe doth admit the said VVrittes al actes subsequent vpon the same to be good and effectuall And yet this maketh no prooffe that therfore the said supposed will wanting the prescript order fourme should likewise be good and effectual in lawe For as touching specialties estates and conueiances or any other externall acte to be done or made by any person whose forme and order is prescribed either by the common lawe or by statute 9. H. 6. fol. 35. 35. H. 6. fo 34. 40. E. 3. fol. 2. if they want any part of their prescript forme they are accompted in law to be of no validitie or effect As for example the lawe doth appoint euery Specialtie or Deede to be made either in the first persone or in the third persone Therefore if parte of a Deede be made in the first person and the residue in the third person that Deede is not effectual but void in the Law Bysides that the lawe hath appointed 40. E. 3. fol. 35. 21. E. 4. fo 97 7. H. 7. fo 15. that in euery Deede mentioned should be made that the partie hath put to his Seale to the same If therfore any Deede doth want that special clause and mention although the partie in deede hath put his Seale vnto the same yet is that Dede or Specialtie void in law So lykewise the lawe geueth authoritie to the Lord to distraine vpon the land holden of him for his rentes seruices due for the same And farther doth appoint to carie or driue the same distresse vnto the pound there to remaine as a gage in lawe for his said rentes seruices 9. E. 4. fol. 2. 22. E. 4 fo 47. 29. H. 6. fo 6. 29. lib. Assis P. 64. If the Lord shal either distraine his Tenant out of his Fee or Seignory or if he shal labour and occupie the Chatles distrained the distresse so taken by him is iniurious wrōgful in law forasmuch as he hath not done according to the prescribed order of the lawe The statute made An. 32. H. 8. geueth authoritie vnto Tenant in taile and to others being seised of land in the right of their wiues or Churches to make leases of the same VVherin also a prescript order and forme for the same is set foorth If any of the said persons shal make any Lease wherin he doth not obserue the same prescribed order in all pointes the same lease is not warranted in any point by the said statute Likewise the statute made in Anno 27. 27. H. 8. 6. 10. Henrici octaui of Bargaines and sales of land appointeth a forme and order for the same that they must be by writing indented sealed and enrolled within six monethes next after the dates of the same writings If any bargaine and sale of land be made wherein any of the thinges appointed by the said