登陆注册
5247300000014

第14章 III. (3)

It is true, Impeachments by the House of Commons, sent up to the House of Lords, were frequent as well after as before this Statute, and that justly, and with good Reason; for that neither the Act nor the Petition ever intended to restrain them, but only to regulate them, viz. That the Parties might be admitted to their Defence to them, and as neither the Words of the Act nor the Practice of After-times extended to restrain such Impeachments as were made by the House of Commons, so neither do those Impeachments and Appeals agree in their Nature or Reason;for Appeals were nothing else but Accusations, either of Capital or Criminal Misdemeanors, made in the Lords House by particular Persons; but an Impeachment is made by the Body of the House of Commons, which is equivalent to an Indictment Pro Corpore Regni, and therefore is of another Nature than an Accusation or Appeal, only herein they agree, viz. Impeachments in Cases Capital against Peers of the Realm, have been ever tried and determined in the Lords House; but Impeachments against a Commoner have not been usual in the House of Lords, unless preparatory to a Bill, or to direct an Indictment in the Courts below: But Impeachments at the Prosecutions of the House of Commons, for Misdemeanors as well against a Commoner as any other, have usually received their Determinations and final Judgments in the House of Lords; whereof there have been numerous Precedents in all Times, both before and since the said Act.

And thus much in general touching the great Regard that Parliaments and the Kingdom have had, and that most justly, to the Common Law, and the great Care they have had to preserve and maintain it, as the Common Interest and Birthright of the King and Kingdom.

I shall now add some few Words touching the Stiles and Appellations of the Common Law, and the Reasons of it: 'Tis called sometimes by Way of Eminence, Lex Terrae, as in the Statute of Magna Charta, cap. 29. where certainly the Common Law is at least principally intended by those Words, aut Per Legem Terrae, as appears by the Exposition thereof in several subsequent Statutes, and particularly in the Statute 28 Ed. 3. cap. 3 which is but an Exposition and Declaration of that Statute: Sometimes 'tis called, Lex Angliae, as in the Statute of Merton, cap.... Nolumus Leges Angliae mutare, &c. Sometimes 'tis called, Lex & Consuetudo Regni, as in all Commissions of Oyer and Terminer, and in the Statutes of 18 Ed. I. cap.... and De quo Warranto, and divers others; but most commonly 'tis called, The Common Law, or, The Common Law of England, as in the Statute of Articuli super Chartas, cap. 15. in the Statute 25 Ed. 3. cap. 5. and infinite more Records and Statutes.

Now the Reason why 'tis call'd The Common Law, or what was the Occasion that first gave that Determination to it, is variously assigned, viz.

First, Some have thought it to be so called by Way of Contradistinction to those other Laws that have obtain'd within this Kingdom; as, 1st. By Way of Contradistinction to the Statute Law, thus a Writ of Entry ad Communem Legem, is so call'd in Contradistinction to Writs of Entry in Casu consimili, and Casu Proviso, which are given by Act of Parliament. 2dly, By Way of Contradistinction to particular Customary Laws: Thus Discents at Common Law, Dower at Common Law, are in Contradistinction to such Dowers and Discents as are directed by particular Customs. And 3dly, In Contradistinction to the Civil, Canon, Martial and Military Laws, which are in some particular Cases and Courts admitted, as the Rule of their Proceedings.

Secondly, Some have conceived, that the Reason of this Appellation was this, viz. In the Beginning of the Reign of Edward 3 before the Conquest, commonly called, Edward the Confessor, there were several Laws, and of several Natures, which obtain'd in several Parts of this Kingdom, viz. The Mercian Laws, in the counties of Gloucester, Worcester, Hereford, Warwick, Oxon, Chester, Salop and Stafford. The Danish Laws, in the Counties of York, Derby, Nottingham, Leicester, Lincoln, Northampton, Bedford, Bucks, Hertford, Essex, Middlesex, Norfolk, Suffolk, Cambridge and Huntington. The West-Saxon Laws, in the Counties of Kent, Sussex, Surrey, Berks, Southampton, Wilts, Somerset, Dorset, and Devon.

This King, to reduce the Kingdom as well under one Law, as it then was under one Monarchical Government, extracted out of all those Provincial Laws, one Law to be observed through the whole Kingdom: Thus Ranulphus Cestrensis, cited by Sir Henry Spelman in his Glossary, under the Title Lex, says, "Ex tribus his Legibus Sanctus Edvardus unam Legem ----" &c. And the same in totidem verbis, is affirmed in his History of the last Year of the same King Edward. (Vide ibid. Plura de hoc) But Hoveden carries up the Common Laws, or those stiled the Confessor's Laws, much further;for he in his History of Henry 2 tell us, "Quod istae Leges prius inventae & constitutae erant Tempore Edgari, Avi sui," &c. (Vide Hoveden) And possibly the Grandfather might be the first Collector of them into a Body, and afterwards Edward might add to the Composition, and give it the Denomination of the Common Law. but the Original of it cannot in Truth be referred to either, but is much more ancient, and is as undiscoverable as the Head of Nile: Of which more at large in the following Chapter.

Thirdly, Others say, and that most truly, That it is called the Common Law, because it is the common Municipal Law or Rule of justice in this Kingdom: So that Lex Communis, or Jus Communis, is all one and the same with Lex Patriae, or Jus Patrium; for although there are divers particular Laws, some by Custom applied to particular Places, and some to particular Causes; yet that Law which is common to the generality of all Persons, Things and Causes, and has a Superintendency over those particular Laws that are admitted in Relation to particular Places or Matters, is Lex Communis Angliae, as the Municipal Laws of other Countries may be, and are sometimes called, The Common Law of that Country,. as Lex Communis Norrica, Lex Communis Burgundica, Lex Communis Lombardica, &c. So that although all the former Reasons have their Share in this Appellation, yet the principal Cause thereof seems to be the latter: And hence some of the Ancients call'd it Lex Communis. others Lex Patriae; and so they were called in their Confirmation by King William I. Whereof hereafter.

同类推荐
  • 佛说普曜经

    佛说普曜经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 任光禄竹溪记

    任光禄竹溪记

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 佛说庄严菩提心经

    佛说庄严菩提心经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 归田琐记

    归田琐记

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 妒记

    妒记

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
热门推荐
  • 口才成就一生全集(白金珍藏版)

    口才成就一生全集(白金珍藏版)

    在人与人的联系日益密切的今天,交流显得越来越重要。语言是交流不可或缺的工具。如果我们总是无法很好地将自己的观点表达出来,就很难得到别人的拥护。一个“孤家寡人”怎么能够成就一番事业?所以说,口才的好与坏,直接决定人生的成败。本书就是要告诉读者可以迅速提升口才技巧的方法,从而提高读者的语言表达能力,使其在今后的为人处世、工作创业中做到谈吐自如、游刃有余。让读者在拥有出众口才的同时,也拥有闪亮的人生!
  • 婚前婚后,总裁前夫耍无赖

    婚前婚后,总裁前夫耍无赖

    别人嫁入豪门,新娘是光芒万丈,偏她,很狗血,掀开白纱时,一脸红色痘斑,遮住了她美丽的容颜。而新郎的他,也好不到哪里去,曾经的医学天才,天之骄子,而此刻,也不过是一个双腿残废,轮椅上的富二代罢了。毁容丑女VS残废冷男,是一场阴谋的结果使然,还是只是一场阴谋的开始。。。他高调示爱,宠她入骨,俯下高傲的头颅,甘愿为她化作绕指柔,却不过是诱她一步步踏入他的温柔陷阱。她天生清冷,身负重任,从不信爱,却为他的这份爱,放下一切,甘愿依附他成菟丝草。三年的婚姻,当她再也没有了值得他诱惑的价值,她被伤得体无完肤,鲜血淋漓,彻底疯掉。。。他高高在上,运筹帷幄,事实不过是在他鼓掌之间,更何况是一个疯掉的女人,可当离婚证送到他眼前时,他生平第一次方寸大乱了。离婚前,爱他爱得忘了自己,是她犯贱;离婚后,她只需做到三个字:不要贱,便有世间好男儿任她挑选,她这边谈情说爱忙得是热火朝天。可那个罪不可恕的男人,却用尽手段,告诉她什么叫穷追不舍的犯贱。。。
  • 青少年一定要知道的奥运知识(全集)

    青少年一定要知道的奥运知识(全集)

    《青少年一定要知道的奥运知识全集》系统全面地介绍了从古代奥运会的诞生、波折到现代奥运会的重振、发展的不平凡历程;介绍了不同历史时期奥运比赛项目体系设置、比赛规则、奥运礼仪、历届奥运最出彩的项目、最闪亮的人物、最有趣的故事、药絮以及青少年最想知道的奥运基本知识。
  • 揭秘服装店赚钱的门道

    揭秘服装店赚钱的门道

    《揭秘服装店赚钱的门道》旨在启发和唤起广大服装店店主赚钱的潜能,用智慧巧妙创造出属于自己的一套经营模式。《揭秘服装店赚钱的门道》从服装行业的实情出发,以通俗易懂的语言,配合翔实的案例,揭秘多家成功服装店的经营绝招,多层次、多角度地解析服装店生意兴隆的门道和艺术。从特色服装店店址的选择,到进货渠道的奥妙;从服装定价的诀窍,到打折促销手段的运用:从服装店鲜为人知的潜规则,到如何跳出服装加盟的美丽陷阱等,囊括了服装经营多个领域的赚钱门道,系统而全面地展现了服装店轻松赚钱的多种技巧和方法。
  • 绝色天仙:无良庶女太妖孽

    绝色天仙:无良庶女太妖孽

    一朝穿越,竟然穿越在一个祸水灾星身上,被欺被辱。凤凰涅槃,韬光养晦,一番奇遇,好运爆棚,丹药传承,七彩圣灵根。各种强悍的灵宠,统统收入囊中。可为毛人家的宠物都是各种萌,而她的却是一只莫名其妙的蛤.蟆,还各种狂霸拽的跟个大爷似的。从此带着一只蛤.蟆闯天下,蛤.蟆在手,天下我有!生杀予夺,翻云覆雨,且看她在这一片大.陆,掀起怎样的狂澜。
  • 川菜菜谱

    川菜菜谱

    本书主要讲述了肉菜类、水产类 、豆蛋类、 素菜类 、果品类 、汤羹类 、凉菜类各类才的做法,
  • 归潜志

    归潜志

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 黎明归

    黎明归

    她是顾黎,他是楚铭,他们是黎明。接近,沉沦。到底是谁先爱上,谁便输了。
  • 长姐持家:捡个相公生娃娃

    长姐持家:捡个相公生娃娃

    一朝穿越,妇科大夫穿越成了农家长女,是福是祸?生在穷窝窝,却要出人头地,她能否如愿?母亲因封建思想自缢,父亲死的蹊跷,伯父一家虎视眈眈。另外还有七个娃娃要养,外带一个傻相公,她可以奔小康、赚金斗吗?她长得不好看,可是别人会的她也会,别人不会的她还是会,你不信?接生别人会吗?捡一条黄金蟒当宠物别人会吗?跟一个傻子相公成亲生娃,别人会吗?开医馆,赠草药,教训恶霸,替父报仇,替母洗冤,女儿当自强,且看她如何在异世风生水起。
  • 女生理工宿舍

    女生理工宿舍

    汇集当前高校女生理工宿舍最惊奇、最不可思议的事件。不到最后一秒,你一定无法知晓真相。风门鬼村,通灵梦的故事是诡话连篇,还是真实事件簿?游园惊魂,第三教研室的秘密还能掩盖多久?被毁坏的头颅、永不消逝的电波,女生理工宿舍夜谈实录再次拉开帷幕。