The King v Arundel (officially Rex and the Lord Hunsdon v The Countess of Arundel, and the Lord William Howard), 80 ER 268 (K.B. 1617), [1616] EWHC Ch J11, (1617) Hobart 109[1] was a notable case in English law that established the enrolled bill rule. The ruling arose from a dispute of the meaning and effect of a private bill which had passed Parliament in the 35th regnal year of Henry VIII (approximately 1542) which had resolved a land dispute involving William Dacre, 3rd Baron Dacre. By the reign of James I, the Dacre claims had passed to the Howard family (William Dacre's grandson George having died without surviving legitimate issue and George's sisters all having married sons of Thomas Howard, 4th Duke of Norfolk); the named defendants are Anne Howard, Countess of Arundel née Dacre, widow of the Duke of Norfolk's eldest son and heir Philip Howard, 13th Earl of Arundel, and her brother-in-law Lord William Howard.[1]
The case held that the only valid record of an Act of Parliament was that which had been "delivered into chancery," (that is, the final approved Act) and that it is conclusive as to the regularity of its enactment.[2] Following this case, the law was established that the regularity of the process by which the Act was drawn up cannot be challenged in court. Nor can the law that existed before the new law be used to qualify or modify the approved Act. "Nothing turns upon what the law was before the statute."[3]
Referencesedit
^ ab"The King & Anor v Countess of Arundel & Anor [1616] EWHC Ch J11 (22 May 1616)". British and Irish Legal Information Institute. Retrieved 2 November 2023.
^Hammond, Anthony (1825). A Summary Treatise on the Practice and Proceedings in Parliament: The Passing of Public and Private Bills: and the Law of Elections. London. p. 50. ISBN1110166621.
^Manning, James; Ryland, Archer (1830). Reports of Cases Argued and Determined in The Court of King's Bench, During Michaelmas Term, Ninth Geo. IV. Vol. 3. London.
January 01, 1970
king, arundel, officially, lord, hunsdon, countess, arundel, lord, william, howard, 1617, 1616, ewhc, 1617, hobart, notable, case, english, that, established, enrolled, bill, rule, ruling, arose, from, dispute, meaning, effect, private, bill, which, passed, pa. The King v Arundel officially Rex and the Lord Hunsdon v The Countess of Arundel and the Lord William Howard 80 ER 268 K B 1617 1616 EWHC Ch J11 1617 Hobart 109 1 was a notable case in English law that established the enrolled bill rule The ruling arose from a dispute of the meaning and effect of a private bill which had passed Parliament in the 35th regnal year of Henry VIII approximately 1542 which had resolved a land dispute involving William Dacre 3rd Baron Dacre By the reign of James I the Dacre claims had passed to the Howard family William Dacre s grandson George having died without surviving legitimate issue and George s sisters all having married sons of Thomas Howard 4th Duke of Norfolk the named defendants are Anne Howard Countess of Arundel nee Dacre widow of the Duke of Norfolk s eldest son and heir Philip Howard 13th Earl of Arundel and her brother in law Lord William Howard 1 The King v ArundelCourtCourt of King s BenchFull case nameRex and the Lord Hunsdon v The Countess of Arundel and the Lord William HowardDecidedTrinity Term 1617Court membershipJudges sittingSir Edward Coke Sir Henry HobartCase opinionsDecision byHobartKeywordsenrolled bill ruleprivate bill The case held that the only valid record of an Act of Parliament was that which had been delivered into chancery that is the final approved Act and that it is conclusive as to the regularity of its enactment 2 Following this case the law was established that the regularity of the process by which the Act was drawn up cannot be challenged in court Nor can the law that existed before the new law be used to qualify or modify the approved Act Nothing turns upon what the law was before the statute 3 References edit a b The King amp Anor v Countess of Arundel amp Anor 1616 EWHC Ch J11 22 May 1616 British and Irish Legal Information Institute Retrieved 2 November 2023 Hammond Anthony 1825 A Summary Treatise on the Practice and Proceedings in Parliament The Passing of Public and Private Bills and the Law of Elections London p 50 ISBN 1110166621 Manning James Ryland Archer 1830 Reports of Cases Argued and Determined in The Court of King s Bench During Michaelmas Term Ninth Geo IV Vol 3 London Retrieved from https en wikipedia org w index php title The King v Arundel amp oldid 1220510300, wikipedia, wiki, book, books, library,
