Jurisdictions, Preamble – Part 1
THE PREAMBLE.
FIRST, before I write of the Order of Courts Leets, Courts Barons, you ought to conſider for what cauſe the King was ordained of God.
Secondly, For what cauſe the Law was ordained.
Thirdly, How ancient theſe Courts are, and for what cauſes and matters they were ordained; and alſo how neceſſary it is, that the Law be duely and truely adminiſtred in theſe Courts.
And firſt, Forteſcue, leafe the 30. ſaith, As a naturall body cannot be without a head, ſo a Realme cannot be governed without a head, which is the King: And there he further ſaith, That whenſoever of many, one is conſtituted amongſt them, one ſhall be Governour, and the reſt ſhall be governed. Britton, leafe the 1. ſaith, The King is ordained of God, that the Peace be kept; the which cannot be well without Law. And Forteſcue alſo ſaith, All power is of our Lord God. Bracton ſaith alſo, That the King is Gods Vicar upon Earth, to ſeperate right from wrong, Juſtice from Injuſtice, that all which are Subjects to him ſhould live honeſtly, and none ſhould hurt another; but that to every man which is his owne by a rightfull contribution ſhould be given; for he is called King by well Governing.
Stamford, leafe the firſt, ſaith, The King is the preſerver, nouriſher, and Defender of all his people, and that by his great travell, ſtudy, and labour, his people onelyonly injoy their lives, Lands, and Goods: But all thoſe which they have in peace and tranquility, and that by the Law. And as the body of a man cannot live without the head, but will fall downe unto the ground; ſo the Commonwealth cannot be governed without a head, which is the King. Alſo Seneca ſaith, Where there is not a Governour, there the people will be confounded, Prov. Chap. 11. Where there is not a Governour, the people goe to ruine, Rom. chap. 13. There is no power but of God; and which are the true Powers, are ordained of God.
The Perſon of the King, and the Queen his Wife.
By the Commentaries, leafe the 45. By the 7. of Edw. 2.34. The King is a Corporation. See 1 H. 7. leafe 10.21 Edw. 4. Title Age, it is no Plea that the King is within Age, 1 Edw. 6. title 373. the King ſhall have his Age as Duke of Lancaſter, and not as King, by the Commentaries, leafe 213. See Stamford 10. If the King grant a Lordſhip to one in Fee, the Grantee ſhall not have his Prerogative, but if he grant that for life to the Queen and Prince, that remaineth in the King; and for that the Queen and Prince ſhall have Prerogative; and though that the Queen is a perſon exempt from the King, and may ſue and be ſued in her owne name; yet that which ſhee hath is the Kings, 1 H. 7. leafe 29. where a Reverſion was to the Queen; Ayd ſhall be of the King by Townſend, and by ſome of both the Benches. Stamford, 75. Petition ſhall be to the King himſelfe onelyonly, and not to the Queen or Prince.
3. H. 7. leafe 14. The Queen is as a common perſon, and as a Woman alone, to let for life, and to make perſonall things.
11. H. 7. leafe 7. The King letteth to the Queen for life, and ſhee leaſeth at will: In Treſpas againſt the Tenant at will, he ſhall not have aide of the King, for he is a ſtranger to the Patent of the King, 7. H. 7. leafe, 17.
18. Edw. 3. leafe the firſt, Phillip, the Queen, brought a Quare impedit, and held that the Queen may bring a Writ in her owne Name, and ſhall finde no pledges, and for that it ſhall not be in the Writ, Vnde, &c. 20 Edw. 4. leafe 1. Fitzherbert, 101.
21. Of the Book of Aſſiſes, 13. the ſayd Phillip brought Deceit of a Fine levyed by Tenants in ancient Demeſne at the Common Law.
19. Edw. 4. leafe 2. J. B. granteth to the Queen, the next Advowſon of the Church of Dale, and ſhee alone of that bringeth her Quare Impedit.
49. Edw. 3. leafe 4. The King may give to the Queen for her life, and ſhee may have an action alone, and ſo cannot another marryed Wife.