Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	conqueror_n	king_n	scotland_n	2,527	5	9.9151	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A39391	Enchiridion legum a discourse concerning the beginnings, nature, difference, progress and use of laws in general, and in particular, of the common & municipal laws of England.; Enchiridion legum.		1673 (1673)	Wing E720; ESTC R22664	57,223	150

are called the Common Laws of the Kingdom because all the Subjects of this Kingdom must live under them and may challenge them as their Birth-right for the defence of their Estate Right and Liberty In which sence also the general Laws of any Kingdom or Commonwealth may be called their Common Law Howsoever it may be a question how at the first the name of our Common Law came or how the same may differ from the Statute Laws or from any other Law allowed within this Kingdom Yet it is certain that the The municipal Laws of England is the most proper Title of our Laws Term and title of the municipal Laws of this land is both proper to our Laws and doth include all our Laws as well the Statute as Common Law First it is proper in that our Laws of this land are peculiar to this Kingdom and the territories thereof and thereto adjacent being not elsewhere in use or allowed Now for the Municipal Laws of this Kingdom under which title the special and particular kindes of our Laws of England may The division of our Laws of England into several parts and grounds be most aptlie comprehended sundry persons have made several Divisions thereof Some have divided them into Customes which is like to the Civilians Jus privatum and into Statute Law others into Common Law Customes and Statute Law This last Division consisting of three Another division of the grounds and parts of the Laws of England parts Seingerman in his fundamental partition of our Laws doubleth by adding thereto another foundation and division of our Laws which is the Law of God the Law of Reason and certain principles or maximes which with the three former he maketh as several grounds of our Laws of England They which stand to the first bipartite division of our Laws setting them to stand only as it were upon two leggs do conjoyn Custom with our Common Law for they say what is any Custom allowed by the Laws of the land but the Common Law of the land since that the Judges to whom delegation is made for the Whether Customs allowed for lawful be ground or made parts of our Law determination of civil Causes do admit those Customs to be pleaded before them and do give judgment for the same yet the difference between them will be first that these Customs do not equally extend throughout the Realm and therefore if they be incorporated into our Laws they are but private and not our Common Laws Secondly the Judges do ex officio take notice of the one but not without a special pleading of the other So it may well be said in some sort that Customes allowed for Laws or for lawful may be made some part of our Laws but yet I can hardly allow them the honour to be made grounds of our Laws unless they be first reduced to certainties and so be made as it were maximes So are general received opinions by Custom continuance and approbation of authority and Judgment made Common Laws whereto some add this rule Communis error facit Legem As for the other addition of St. Germans St. Germans division of the grounds of our Laws not allowed sextuple division of our Laws of England although he hath therein shewed some learning yet without offence be it spoken he hath mustered together divers things different in name but the same in nature For what is the Law of reason other than the Law of God if it be rightly understood because what proceedeth from reason not darkned with the clouds of error but such things as were charactered in the soul by him which first framed it according to his likeness And saith Seneca quid est ratio he answereth himself naturae imitatio Therefore that our Laws of England are composed and wholly framed on the Laws of God is more than may be said of them or of any other humane positive laws but that they do depend on them and not mainly differ from them may be well and truly justified Now for as much as there hath bene mention made of three principal parts of our municipal Laws let us a little take some particular and several view of them what they are they are said to be the Common Law the Statute The particular parts of our Law examined Law and Customs allowed for law The first which is the Common Law of this land consisteth partly of the collection of such laws as were allowed by King William the Conquerour What Laws King William the Conqueror allowed in England who neither wholly introduced his Norman Laws nor altogether allowed of the former but out of the best parts of either took that which was fittest for the time and present government The former laws which he allowed of were such of the Saxons and Danish laws as he found fittest for the time And first of the Saxons who came into this Kingdom about Anno 449. whose King Ethelbert of Kent did constitute as Beda saith decreta judiciorum Some part of the Saxon and Danish Laws allowed by the Conqueror cum consilio sapientum quae conscripta saith he Anglorum sermone hactenus habentur observantur The succeeding Saxon Kings did in their Wintenagemotes or conventus sapientum which were in the nature of Parliaments make diverse constitutions cum consilio sapientum senatorum cum Episcopis as that Learned and industrious gentleman Mr. Lambert affirmeth who compiled some of them into one book as the Laws of Inas Alfred Athelstan Atheldred Canutus Edgar Edward the Confessor and others out of which the Conqueror took such as he thought convenient whereof some are enumerated by the forenamed Mr. Lambert and by Hoveden Also Gervasius Tilburiensis he The Conquerors allowance of the former Laws saith of the Conqueror decrevit subjectum sibi populum viri scripto legibusque subjicere propositis igitur Legibus Anglicanis secundum tripartitam earum distinctionem hoc est Merchenleg Daneleg West Saxenleg quasdam reprobavit quasdam autem approbans c. The first part of the Common Law of England So then we see that King William the Conqueror took some of the ancient Laws of this land which is the first part of our Common Law of England The residue which came for a supply unto the same sprang out of the judgments given since in particular cases upon arguments made before and by the learned Judges of this Land The second part of the Municipal The statute law differing from the Common Law yet a part of our Municipal Laws Laws of this land though not properly called but differing from the Common Law as the Pretorian Law amongst the Romans did differ from their Civil Law is the statute Law of this Realm made by the King as head with the Nobles and Commons as members of this body politique This Law was invented to give speedy remedy and redress unto such suddain matters as were mischievous in the

is delivered as from Papinian some distinction betwixt the Roman Civil Laws and the Pretorian Laws made in the same City For it is said there that the Civil Laws did consist of the Statutes of the People the Ordinances of the Senate and Decrees of the Princes with the Authority of Wise men But the Pretorian Laws were those which the Pretors did introduce to supply to help or to correct the Civil Law So is there alledged in the same Digests out of Paulus another division of Laws The first is the Law of Nature the second is the Civil Law the first is freed from Injustice the second is deemed profitable to all or the greatest part of the City and there is added Jus The Pretorian Law differing from and correcting the Civil Law honorarium or the Pretorian Law as if it were no part of the Civil Law wherein it is said the Pretor doth give Law though he doth determine unjustly having relation not unto that which the Pretor doth but to that which is convenient for him to do So that it is not to be wondered that the Municipal Laws of every Country do differ from the Civil or Roman Law or that the Civil Roman Law hath not his full force in all Countries or that it is not the only Law that governeth in any Country Because the City of Rome it self did admit some other Law to be administred within the City than that which was called and accounted their own Civil Law or Jus Civile And where there was question made before concerning the Civil Law whether the same were only the Roman Laws or as well other Municipal Laws Some Civilians do distinguish A division of the Civil Law them into two parts the Roman Laws they call Jus Civile commune and the other Jus Civile particulare To the first they referr also some Municipal Laws especially those Constitutions of the Empire since it was translated to Germany as the Aurea Bulla of Charles the 4th Also the Constitutions and Edicts of The Municipal or Civil Laws of Germany the German Emperors in their Diets or Parliaments which are reckoned and referred to the common Civil Laws because they are ordained by Authority of the Emperor and yet they are in true construction but particular Civil or Municipal Laws because they bind none but such as are subject to the Empire or to those places of the Empire for which they are made and which do submit themselves thereto So hath the Kingdom of France The Municipal Laws of France certain particular Civil or Municipal Laws made in their Parliaments which were anciently the Councils of their Kings but when the Kings of France did separate their Councils of State from those Parliaments yet the Parliaments have been held in certain Cities of France as saith Brison President of the Parliament of Paris at certain times of the year The first and principal held at Paris established by Philip the Fair or as some say by Lewis Huttin his Son the second at Tholose for Languedoe the third at Bourdeaux for Aquitain the fourth at Grenoble for Daulphine the fifth at Dijon for Burgoigne the sixth at Rouen for Normandy the seventh at Aix for Provence the eighth for Bretaign instituted by Henry the 2d Anno 1553. They have also Municipal and particular The Municipal Laws of Spain Civil Laws ordained for the Kingdom of Spain as those set down by Alphonsus the 9th And the like for that and other Countries are extant and in use The Kingdom of Scotland hath as The Municipal Laws of Scotland and of England not altogether different this Realm of England several and particular Municipal Laws differing from the Roman Civil Laws As for the Laws of Scotland they are not so far different from the Laws of this Kingdom of England as divers do conceive and that the Laws of Scotland are not altogether unlike these of England but in many points do concurr with them is not improbable For that there is a Book concerning The Law Book of Regia Majestas in Scotland like to Glanvil's Book of the English Laws the antient Laws of that Kingdom termed Regia Majestas which as some Students having read the same do affirm and as it is set forth in the Printers Epistle to Glanvil's Book do agree much and in many places word for word with the said Glanvil's Book and doth often vouch him So that it is supposed the antient Laws of both these Realms did then agree and do yet in most points which have not been altered by Statute since in either of these Realms Also King James in one of his Speeches made to the Knights and Burgesses of the lower House of Parliament did pronounce and declare that the Tryal in the Chancery of Scotland was brought from this of England shewing the time Author and occasion thereof Therefore it An opinion that the Laws of both these Kingdoms may in main points be conveniently made all one may be conceived that there is not such great discrepancy or contrariety betwixt the Laws of both these Kingdoms but that by due examination it will be found that there is or at least may be a consonance betwixt them in many if not in most points But for the Laws of England how they do differ from the Civil and other Laws shall be shewed in the next ensuing Chapter CHAP. III. Of the grounds of the Laws of England and how they do differ from other Laws OUr Laws of England do differ as in name so in divers other circumstances considerations and conditions from the Laws of other Kingdoms and Commonweals First for the name they receive a common appellation of the Common Laws of England a name scarce given to the Laws of any other Nation Why our Laws are called the Common Laws of England Therefore whence it received this denomination of the Common Law may breed some question Some say that it is called the Common Law to distinguish it from the Laws of particular Customs or of Customs allowed for lawful within this Realm But this is not certain nor scarce probable as shall be shewed anon when it shall be demonstrated that these Customs allowed for Law are rather made parts than distinguished from the Common Law Some others suppose that it is called the Common Law of this Kingdom to make difference betwixt it and the Statute Laws which as they are of another kind of constitution than is the Common Law as will be made evident so are they of several sorts in themselves as some of these Statutes are general and ordained for all the Subjects some are particular and made for the settling of particular mens Estates and of particular Trades Corporations and Faculties Therefore these cannot be nor may not be called the Common Laws of the Kingdom that is common to all but only in this sence because they are constituted with the common consent of all The third opinion is that they