19 H. 3. Fitz. Darrein Presentment, 23. F. N. B. 32

JurisdictionEngland & Wales
Judgment Date01 January 1623
Date01 January 1623
CourtExchequer

English Reports Citation: 145 E.R. 1

IN THE EXCHEQUER-CHAMBER

19 H. 3. Fitz. Darrein Presentment, 23. F. N. B. 32

EIGHT CENTURIES of REPORTS: or EIGHT HUNDRED CASES Solemnly ADJUDGED in the EXCHEQUER-CHAMBER, or upon WRITS of ERROR. Published Originally in French and Latin by JUDGE JENKINS. Carefully Translated by THEODORE BARLOW of the Middle Temple, Esq. The THCRD Edition Corrected. London, MDCCLXXI. [1] first century. case I. 19 H. 3. Pitz. Darrein Presentment, 23. F. N. B. 32. all assise of darrein [or last] presentment doth not lie de pnebendis or ecclesiis prtebendatis; ita provision est corain liege, archiepiscopis, episcopis, comitibus & baronibus. Parliament. Prerogative. Piety of the law. Darreiu [or last] presentment. Observations. Acts of parliament have been penned in different stiles, and I do not find this word parliament before .'i E. 1. That King used the French language in the statute called West. 1. The statutes of Mertcm and Marlbridge which wore made in the time of H. 3, have not the word parliament; nor have many other statutes, nor any mention of the Commons: and yet the Commons were assembled, as appears by the grant of u fifteenth, 9 H. 3, statute of Magna charta in fine. King K. l,a man of great magnanimity, power and wisdom, and our Justinian, used to speak French; from his time, as it seems to me, this word * parliament began. Parliament, viz. the assembly of the Lords and Commons by the King's command; it was called Michel Gemout in the time of the Saxons; but at that time this word parliament was not used for that assembly. Camden's Britannia 169. Formerly the King called to parliament only such of the peers as he pleased. A quare impedit and writ of right of advowson lie of a prebend, F. N. B. 32. Mag. chart, c. 13, restrains theassise of darrein [or last] presentment to the court of Common Pleas. West. 2, ch. 30. 14 E. 3, ch. 16, gave the trial by Nisi prius, and the power of judgment there in the country by justices of Nisi prius in quare impedit and darrein presentment, 19 H. 3, in an assize of darrein presentment, it was not thought convenient as to prebends which regularly belong to the King and the bishop. The King only in this case restrains himself with regard to religion. It is true that nullum * See Co. 4 Inst. ch. 1, Reliquite Spelnianiame of parliaments. Ex. DiV. I.-1 2 ANONYMOUS JENK. 2. tempus occurit Regi: so neither shall the King he restrained by any place, or any private custom by which he has any...

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