section knight service part note it have be a question how these word shall be  understand Siparentes  to complain and it seem to some who consider the  statute of great Charta which will quoth haeredes of marriage without  disparagatione c upon which this statute of Merton upon this point be find  that no action can be bring upon this statute insomuch as it be never see or  hear that any action be bring upon the statute of Merton for this  disparagement against the guardian for the matter aforesaid c and if any  action may have be bring for this matter it shall be intend that at some time  it will have be put in ure and note that these word shall be understand thus  si parent  to complain id be si parent inter eos to wail which be as much to  say as if the cousin of such infant have cause to make lamentation or  complaint among themselves for the shame do to their cousin so disparage which  in manner be a shame to they then may the next cousin to who the inheritance  can descend enter and oust the garden in chivalry and if he will not another  cousin of the infant may do this and take the issue profit to the use of the  infant of this to render a account to the infant when he come to his full age  or otherwise the infant within age may enter himself oust the garden c say  quaere de hoc the statute of great Charta though it be in from of a charter  yet be grant by assent and authority of parliament Littleton here say it be a  statute this parliamentary charter have diverse appellation in law here it be  call great Charta not for the length or largeness of it for it be but short in  respect of the charter grant of private thing to private person now adais be  Elephantinae paper  but it be call the magnacarta in respect of the great  weightiness and weighty greatness of the matter contain in it in few word be  the fountain of all the fundamental law of the realm and therefore it may true  be say of it that it be magnum in little it be in our book call Charta freedom  et common freedom England or freedom England magnacarta great Charta c and  well may the law of England be call Liberrates because book fanciunt great  to be quondam great respect paper  this statute of great Charta be but a  confirmation or restitution of the commonlaw as in the statute call  confirmation chartar year  Edward it appear by the opinion of all the justice  and in Henry title Mord great Charta be there vouch for there it appear that  king John have grant the like charter of renovation of the ancient law this  statute of great Charta have be confirm above thirty time and command to be  put in execution by the statute of Edward c judgement give against any point  of the charter of great Charta or Charta de forest be adjudge void and by the  statute of Edward cap if any statute be make against either of these charter  it shall be void consider the statute of great Charta upon which this statute  of Merton upon this point be find quoth haeredes of marriage without  disparagatione find so as great Charta be the foundation of other act of  parliament this Act extend as well to female as to male no action can be bring  upon this statute insomuch as it be never see or hear c and if any action may  have be bring for this matter it shall be intend that at some time it will  have be put in ure hereby it appear how safe it be to be guide by judicial  precedent the rule be good dangerous to value quoth benorum verdure non  to approve pattern and as usage be a good interpreter of law so non usage  where there be no example be a great intendment that the law will not bear it  for say Littleton if any action may have be ground upon such matter it shall  be intend that sometime it shall have be put in ure not that a Act of  parliament by non user can be antiquate or lose his force but that it may be  expound or declare how the Act be to be understand si parent  to complain of  this sufficient have be say before if the cousin here Littleton expound parent  to be his cousin under which name of cousin Littleton include uncle and other  cousin who when the father be dead be in loco parent have cause to make  lamentation note if they have cause to make lamentation on it suffice though  they complain for the shame do to their cousin for when their cousin be  disparage in his marriage it be not only a shame and infamy to the heir but in  he to all his blood and kindred then may the next cousin to who the  inheritance can descend enter and oust the garden in chivalry this be worthy  the observation for the word of the statute be general secundum layout parent  and the construction thereof shall be accord to the reason of the commonlaw  for the next cousin to who the inheritance can descend shall enter and oust  the guardian and shall be in place of a guardian as it be in case of a  guardian in socage and if he will not another cousin of the infant may do this  still pursue the reason of the commonlaw in case of guardian in socage and  take the issue profit to the use of the infant c this be so evident as it  needs no explaination or otherwise the infant within age may enter himself  oust the garden if none of the cousin aforesaid will enter then the heir  himself may enter in all which the reason of the commonlaw be pursue but what  if the heir be disparage and the next of kin do enter and when the heir come  to he agree to the marriage yet shall not this give any advantage to the lord  for that he have lose the wardship before