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A77396 A briefe and exact treatise declaring how the sheriffs, and all other the great officers of this kingdome have been anciently elected and chosen. Also how farr the Kings prerogative, and the priviledges of Parliament, did extend in their election. With some other matters of great consequence, touching the fundamentall lawes of this land, most necessary for these times. Collected and proved out of divers statues and records, now in force 1642 (1642) Wing B4527; Thomason E130_8; ESTC R22210 2,274 8

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A BRIEFE AND EXACT TREATISE DECLARING How the Sheriffs and all other the great Officers of this KINGDOME have been Anciently elected and chosen Also how farr the KINGS Prerogative and the Priviledges of PARLIAMENT did extend in their election With some other matters of great Consequence touching the Fundamentall Lawes of this Land most necessary for these times Collected and proved out of divers Statutes and Records now in force Decemb. 13. London Printed for T. I. 1642. A Briefe and exact Treatise declaring how the Sheriffs and all other the great Officers of this Kingdome have been anciently elected and chosen I Conceive that by the ancient frame and constitution of this Kingdome all Officers were chosen by the people over whom they had Jurisdiction and that they had such to govern them as they most confided in And an Office is but a trust committed to certaine Persons for their orderly peaceable government securing them in their persons and estates from violence and wrong as appeareth by the ensuing particulars 1. Officers of a Tithing as anciently of ten families were chosen by the Inhabitants of the Tithing only and by no other and was by them presented as their pledge and ruler unto the Leete to be sworne to the due execution of his office within his Tithing Constables were in former times as yet are in most places chosen by the persons over whom he was to excercise his Jurisdiction whether it were of a particular Towne or Parish and they presented him to the hundred Court or Leete where he was sworn to execute his Office within the precincte of his Jurisdiction The Coronner was and is an office whose Jurisdiction was of a larger extent for it extendeth over the whole County and therefore he is chosen by the Freeholders of the County and sworne in the County Court upon a Writt de coronatore eligendo Fitz. nat br The Sheriffe also being an Officer of the County was in former times also chosen in the County Court as appeareth by Lambert in his Saxon Lawes Fol. 136. and Stat. 28. Ed. 1. Cap. 8.13 and afterwards taken from them and given to the King by Stat. 9. Ed. 2. There was also in former times other Officers chosen in every County by the people of the County to see the great Charter of 9. H. 3. duely observed and to punish such as went against the same in any point as appeares by Stat. 28. Ed. 1. Cap. 1. who were also to enquire of and punish such as offended against Stat. of Winch. An. 13. Ed. 1. as appeares by Stat. 28. Ed. 1. Cap. 17. The Lievetenant of every County in former times known by the name of Heretoch who had the Militia of the County committed to his charge This Officer also was chosen by the Inhabitants of the County or as some conceive by the Parliament as appeares in Lamb. Saxon Lawes Fol. 136. Mayors and Bayliffs of Towns Corporate are chosen by their Corporations and so continue to this day Knights of the Parliament are chosen by the Freeholders of the County for whom they serve Stat. 7. H. 4. Cap. 15. Stat. 1. H. 5. Cap. 1. Stat. 8. H. 6. Cap. 7. Stat. 10. H. 6.2 It seemes also that the great Officers of the Kingdome whose Jurisdiction extended over the whole Realme were under the same rule as the Lord Chancellor who hath the custody of the great Seale of England being the publike Faith of the Kingdome and being an Officer over the whole Realme was in former times chosen in Parliament Lamb. Archdion pag. 48. Daniels Chronicl page 139. 148. 195. The life of H. 3. page 22. The chiefe Justice being a publicke Officer unto whom the Justice of the whole Kingdom in matters cryminall was committed of trust was also chosen by the Parliament as appeares by the places before quoted The Lord Admirall to whose care the defence of the Kingdome by Sea was committed was in ancient times chosen in Parliament as is expressed in the Parliament of Rich. 2. and Seldens mare clausaum page 169. 186. 188. compared with Lambb Saxon Lawes Foll 136. The Lord Treasurer to whom the Treasure of the Kingdome was committed was also chosen in Parl. L. Ar. page 48. Dan. Chr. page 139. 195. The Captaine of Callis Rich. Earle of Warwicke in time of H. 6. refused to give up his Captainship of Callis unto the KING being required because as he saith he received the same in Parl. and was to resign it to them againe Cowells interpreter in the word Parliament Anno 15. Ed. 3. the KING was Petitioned in Parl. that the high Officers of the Kingdom might as in former times be elected in Parl. to which the KING yeelded that they should be sworn in Parl. Dan. Chr. page 195. see the Petitioners of Parl. de anno 15. Ed. 3. The King himselfe cannot give away his Kingdome because of the Interest which the Subjects hath in it as vvas resolved in KING Iohns case Davies Reports fol. 94. Rot. Parliament 40. Ed. 3.11.7.8 neither could he give avvay his title to Scotland though not in his actuall possession as vvas resolved 1. H. 7. fol. 10. The KING canot by vvill give avvay the goods of the Crown in case he makes executors by his Will but shall remaine to the Crown and go to his Successors Cooke lib. 11. fol. 91.92 Neither can the KING Issue his treasure without warrant under the great seale or privy seale Cooke lib. 11. fol. 91. Br. prerogative 5.35 H. 6.25 The KING cannot release the fealty of his Subjects 8. H. 7. fol. 12.13 The KING cannot grant away his prerogative as to give power to another to pardon Fellons because of the trust between him and the Subject 20. H. 7. fel. 6. or to make a Justice of Record or to make Denizens Ibid. The KING cannot pardon a common Nusance because of the Interest of the people Br. Nusance 15. 11. H. 7. fol. 20. 35. H. 6. fol. 29. b. There is a league between the KING and his Subjects 20. H. 7. fol. 8. The KING cannot arrest a man upon suspition of Felony or Treason because the party cannot have his action against him for it Br. prerogative 139. 1. H. 7. fol. 4. 22. H. 1. 6. fol. 46. p. Newton The KING cannot dispence with a Stattute which doth ordaine Law 8. H. 6. fol. 21. Cooks institutes fol. 120.234 If the KING command a thing not warrantable it is as if they had no command Dyer 13. Eliz. fol. 297. Dyer fol. 175. pl. 26. snaggs case The KING cannot by his Charter Oute the common people of their Rights of Inheritance which they have in the common Law Stat. 27. H. 8. Cap. 26. 19. H. 6. fol. 63. Plod Com. 55.120 b. FINIS