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land_n heir_n hold_v ward_n 2,393 5 10.8745 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A93123 The Kings supremacy asserted. Or A remonstrance of the Kings right against the pretended Parliament. By Robert Sheringham M.A. and Fellow of Gunvill, and Caius-Colledge in Cambridge Sheringham, Robert, 1602-1678. 1660 (1660) Wing S3237A; ESTC R231142 93,360 138

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England to be an absolute Monarchy the King alone to be the only supreme head and Governour of the whole body that is of all the people as well collectively as severally taken And hence it is namely in regard of the Kings Supremacy he being the only head of the Kingdome having no equal or Superiour but God alone whose Vicegerent he is upon earth that the Common law doth by way of fiction and similitude attribute unto him the Divine perfections 1. H. 7.10 Finch lib 2. del ley bap 1. Roy est le test del bien publike immediate desoubs Dieu desuis touts persons en touts causes Et pur ceo entant que il resemble le person del Dien port son image enter homes le Ley attribute a lui en un similitudinarie manner 7. E. 4.17 21. H. 7.2 Coke 7. f. 7. B. 43. El. Coke 5. fol. 114. B. 4. E. 6.31 5. E. 4.7 2. H. 4.7 1. H. 7.19 bombre del excelleneies que sont en Dien cest ascavoir SOVERAIGNTIE tout terre est tenu de de luy nul action gist vers luy car quis commandra le Roy POYAR il poit commaunder ses subjects daler hors de Realm en guerr poet faire ascune foreine coine currant icy per ses Proclamations MAJESTY ne poet prend ne departer ove oscune chose forsque per matter de record si non soit chattell ou tiel quia de minimis non curat lex INFINITENES en un manner 35. H. 6.26 esteant present en touts ses courts si come home poet dire en chescun lieu PERPETVITY ayant perpetuell succession ne unque mor. 10. El. 331. 35. H. 6.61 4. El. 246. PERFECTION car nul laches follie infancie ou corruption del sank est judge en lui VERITY ne serra unque estoppe JUSTICE ne poet esse disseisor ne faire ascun tort id est The King is head of the Common-wealth immediately under God over all persons and in all causes and therefore because he represents the person of God and bears his image the law attributeth unto him in a similitudinary manner a shadow of Divine excellencies namely SOVERAIGNTIE all lands are holden of him no action lyeth against him for who shall command the King POWER he may command his Subjects to go out of the Realm to War He may make any forraign coyn currant here by his Proclamations MAJESTY he can neither take nor part with any thing without matter of Record except it be chattel or such like because the law regards not such small matters INFINITENESSE after a Manner being present in all his courts and as it were in all places PERPETUITIE having perpetual succession and being not subject to dye PERFECTION for no laches folly infancy or corruption of blood can be judged in him TRUTH he cannot be estopped JUSTICE he cannot be a disseisor or do any wrong There are also divers prerogatives and priviledges by the Common law belonging to the King and divers Acts which the King may do or not do by reason of his Supremacy The King shall not in his writ give any man the style or title of Dominus because it is unbeseeming his Majesty to use that tearm to any he being himself omnium subditorum supremus Dominus the supream and soveraign Lord of all his subjects and in this case although there be variance between the Writ and Obligation 8. E. 6.23 B. 11. E 4.2 8. E. 4.2 or other specialty yet the Writ shall not abate which it shall in other cases as if they vary in the name or sirname or if they vary in the surn The King can hold land of no man As p. 1.18 Elizab. 498. because he can have no superiour but on the other side all lands either immediately or mediately ate holden of him as Soveraign Lord for although a man hath a perpetual right in his estate yet he hath it in the nature of a fee and whether it cometh to him by descent or purchase he oweth a rent or duty for it and therefore when in pleading a man would signifie himself to have the greatest right in his estate Littleton f. 3. he saith Que il est ou fuit seise de ceo en son demesne come de fee that he is or was seised thereof in his demeasne as of fee and if a man holds his estate immediately of the King as of his Crown or person this tenure is called a tenure in capite because he holds it of the supreme head of the Common-wealth If a man holdeth land both of the King and other inferiour Lords whereby his heir becometh a Ward the King alone shall have the custody both of the heir and land the reason which is rendered in law is because the King can have none coordinate with him or superiour to him Glanvil lib. 7. cap. 10. Si quis in Capite de Domino Rege tenere debet tunc ejus custodia ad Dominum Regem plene pertinet sive alios Dominos habere debeat ipse haeres sive non quia Dominus Rex nullum habere potest parem multo minus superiorem i. e. If any man houldeth land of our Lord the King in capite then his wardship shall wholly belong to our Lord the King whether he hath other Lords or not because the King can have no equal much less a superiour Bracton lib. 2. cap. 37. Si aliquis haeres terram aliquam tenuerit de Domino Rege in Capite sive alios Dominos habuerit sive non Dominus Rex aliis praefertur in custodia haeredis sive ipse haeres ab aliis prius fuerit feofatus sive posterius cùm Rex parem non habeat nec superiorem in regno suo i. e. If an Heir holdeth land of our Lord the King whether he hath other Lords or not our Lord the King shall have the wardship of the heir whether the heir were first or last infeoffed by others because the King hath no equal or superiour in his Kingdom The law is the same as well for whole Societies Incorporated and collective bodies as for Particular men if a man should make the two houses his heir leaving them lands holden of them by Knights service if the same persons held also of the King in capite by Knights service the King alone should have the wardship and custody of the heir and land though first infeoffed by the others and the reason in law of this prelation is saith Bracton and Glanvil because the King hath neither equall nor Superiour By the common law there lieth no action or writ against the King but in case he seiseth his subjects lands 21. H. 7.2 or taketh away their goods having no title or order of law petition is all the remedy the subject hath Stanford in his exposition of the Kings Prerogative c. 22. and this petition is called a petition of right The reason which is