登陆注册
5247300000052

第52章 X. (4)

And when in the 27th Year of his Reign, the Pope, instigated by the French King, interpos'd in the Behalf of the King of Scotland, he and his Nobility resolutely denied the Pope's Intercession and Mediation.

Thus the Kingdom of Scotland continued in an actual Subjection to the Crown of England for many Years; for Rot.

Claus. 33 E. I. Membr. 13. Dorso, and Rot. Claus. 34 E. I. Memb.

3. Dorso; several Provisions are made for the better ordering of the Government of Scotland.

What Proceedings there were herein in the Time of Edw. 2 and what Capitulations and Stipulations were afterwards made by King Edw. 3 upon the Marriage of his Sister by Robert de Bruce touching the Relaxation of the Superius Dominium of Scotland, is not pertinent to what I aim at, which is, to shew how the English Laws that were in Use and Force in the Time of Edw. I obtained to be of Force in Scotland, which is but this, viz.

King Edward I having thus obtained the actual Superiority of the Crown of Scotland, from the Beginning of the Reign until his 20th Year, and then placing John de Baliol in that Kingdom, and yet continuing his Superiority thereof, and keeping his Courts of Justice, and exercising Dominion and Jurisdiction by his Officers and Ministers in the very Bowels of that Kingdom, and afterwards upon the Defection of this King John, in the 24th of Edw. Itaking the whole Kingdom into his actual Administration, and placing his own Judges and great Officers there, and commanding his Courts of King's-Bench (&c.) here, to Issue their Process thither, and continuing in the actual Administration of the Government of that Kingdom during Life: It is no Wonder that those Laws, which obtained and were in Use in England, in and before the Time of this King, were in a great Measure translated thither; and possibly either by being enacted in that Kingdom, or at least for so long Time, put in Use and Practice there, many of the Laws in Use and Practice here in England were in his Time so rivetted and settled in that Kingdom, that 'tis no Wonder to find they were not shaken or altered by the liberal Concessions made afterwards by King Edw. 3 upon the Marriage of his Sister; but that they remain Part of the Municipal Laws of that Kingdom to this Day.

And that which renders it more evident, That this was one of the greatest Means of fixing and continuing the Laws of England in Scotland, is this, viz. This very King Edw. I was not only a Martial and Victorious, but also a very Wise and Prudent Prince, and one that very well knew how to use a Victory, as well as obtain it: And therefore knew it was the best Means of keeping those Dominions he had powerfully obtain' d, by substituting and translating his own Laws into the Kingdom which he had thus subdued. Thus he did upon his Conquest of Wales; and doubtless thus he did upon his Conquest of Scotland, and those Laws which we find there so nearly agreeing with the Laws of England used in his Time, especially the Statutes of Westm. 1 and Westm. 2 are the Monuments and Footsteps of his Wisdom and Prudence.

And, as thus he was a most Wise Prince, and to secure his Acquests, introduced many other Laws of his Native Kingdom into Scotland; so he very well knew the Laws of England were excellent Laws fitted for the due Administration of Justice to the Constitution of the Governed, and fitted for the Preservation of the Peace of a Kingdom, and for the Security of a Government: And therefore he was very solicitous, by all prudent and careful Means imaginable, to graft and plant the Laws of England in all Places where he might, having before-hand used all possible Care and Industry for Rectifying and Refining the English Laws to their greatest Perfection.

Again, It seems very evident, that the Design of King Edw. Iwas by all Means possible to unite the Kingdom of Scotland (as he had done the Principality of Wales) to the Crown of England, so that thereby Britain might have been one entire Monarchy, including Scotland as well as Wales and England under the same Sceptre; and in order to the accomplishing thereof, there could not have been a better Means than to make the Interest of Scotland one with England, and to knit 'em as it were together in one Communion, which could never have been better done than by establishing one Common Law and Rule of Justice and Commerce among them; and therefore he did, as Opportunity and Convenience served, translate over to that Kingdom as many of our English Customs and Laws as within that Compass of Time he conveniently could.

And thus I have given an Essay of the Reasons and Means, how and why we find so many Laws in Scotland parallel to those in England, and holding so much of Congruity and Likeness to them.

And the Reason why we have but few of their Laws that correspond with ours of a later Date than Edw. I or at least Edw.

2 is because since the Beginning of Edw. 3 that Kingdom has been distinct, and held little Communion with us till the Union of the two Crowns in the Person of King James I and in so great an Interval it must needs he, that by the Intervention and Succession of new Laws, much of what was so ancient as the Times of Edw. I and Edw. 2 have received many Alterations: So that it is a great Evidence of the Excellency of our English Laws, that there remain to this Day so many of them in Force in that Part of Great Britain continuing to bear Witness, that once that excellent Prince Edw. I exercised Dominion and Jurisdiction there.

And thus far of the Communion of the Laws of England to Scotland, and of the Means whereby it was effected; from whence it may appear, That as in Wales, Ireland and Normandy, so also in Scotland, such Laws which in those Places have a Congruity or Similitude with the Laws of England, were derived from the Laws of England, as from their Fountain and Original, and were not derived from any of those Places to England.

同类推荐
  • 伤寒医诀串解

    伤寒医诀串解

    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。
  • 吴郡志

    吴郡志

    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。
  • 中医蒙求

    中医蒙求

    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。
  • Abraham Lincoln and the Union

    Abraham Lincoln and the Union

    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。
  • 上清金匮玉镜修真指玄妙经

    上清金匮玉镜修真指玄妙经

    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。
热门推荐
  • 暗帝的邪妻

    暗帝的邪妻

    八岁的他,径直走到她前面,霸道的开口:“我喜欢你,嫁给我。”回应他的是银铃般的笑容。十七岁的他,登上皇帝的宝座,同时迎娶她。十五岁的她,撕心裂肺的质问他:“为什么,不征求我的意见就把我囚禁在你的皇宫里,我不是那金丝笼里的雀儿——”“为了他吗?”他表面淡定如斯,内心却早已抓狂。21岁的他,中毒昏迷不醒,她心急如焚,对天发誓:“只要他醒来我甘愿承受一切。”……梦梦欢迎各位读者勾搭qq:2205130728
  • 妄谈疯话

    妄谈疯话

    诠释豪情人生的态度,剖析官场弊事的怪象,演绎男女情爱的风韵,解读处世哲学的智慧。
  • 腹黑四小姐太逆天

    腹黑四小姐太逆天

    她,是仙妖魔三界人人敬畏的冰尊神兼女娲后人;他,是人人畏惧的伏羲─三皇之中地位最高的人。或许是冥冥中的安排,让两人相遇。“主上,没有找到冰尊神。”某妖孽:“冰儿,莫要让我亲自去找你,否则……”因为一场误会,让两人彼此擦肩而过,之后,某妖孽没有放弃,踏上了寻妻,护妻,爱妻之路;为救父母,女娲后人踏上了历练的路程,且看女娲后人如何逆天!
  • 上清太上八素真经

    上清太上八素真经

    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。
  • 魔族天帝

    魔族天帝

    三千年前,神魔大战,魔界大胜,诸神陨落,三界易主。从此以后,天地黯然无光,天宫萧条荒芜,人间哀嚎遍野。直到有一天,苦海彼岸,一轮明月冉冉升起,神人魔三界再次开始动荡。
  • 神话归

    神话归

    我是谁?我多大?我来自哪?不知道。只知道我"活"了很久很久,久到我自己都不知道记不得。?但我听说过后羿的坚持,哪吒的调皮,感受到悟空的悲伤,杨戬的愤怒????而当我"活"到现代第一次感受到我曾经经历的灾难再次来临?我必须寻找曾经的英雄面对未知危险?期待你们的归来-我的英雄
  • 指奴为妃

    指奴为妃

    昏暗的牢房里,灯火幽冥。她,是丞相府里养的、一个最卑微的下人。而他,是权倾朝野的丞相的独子,圣上钦赐的侯爷。本来,一个是低贱的奴婢,一个是高高在上的侯爷,本该各自一方,毫无交集。一次护送,却千不该。万不该,她不该不知天高地厚——得罪了这个主子。于是,行刑之后,她又在这间牢房里,被残忍夺去了清白。前世被爱人背叛,今生惨遭凌辱,失了身,失了心,她被送进王府,成为了献给王爷无数个女人中的一个。本想躲在王府里,就这样清清静静地过下半辈子,谁知,朔月王朝战功赫赫的慕王爷,却偏偏把她当成是他——侯爷的女人,处处敌视侮辱,让她痛苦,让她无奈。可他渐渐感到无力,因为,她依旧活得坚强隐忍,笑靥如花。直到,他身陷绝境那一刻,她用自己的命,换取他的平安。回眸一笑,宛如当初,就这样消失在他的世界里,不顾他在身后声嘶力竭的喊声,不顾他的痛苦和悔不当初——天不老,情难绝。心似双丝网,中有千千结。本文HE,其中不乏小白,女主坚强善良,时而做些傻事,男主性格鲜明。美男多多,YY多多。本文前四章慢热,第五章开始精彩正式展开,请大家多多收藏,多多支持。推荐好友文《妖夫一箩筐》闲散山人《涩涩母女闹古代》楚云《毒皇后》迷恋死亡佳艳《蛇王饶了我》慕容沁
  • 瑶石山人稿

    瑶石山人稿

    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。
  • 探索之骨

    探索之骨

    女孩们一个个离奇失踪惨死,事件之后,掩藏着怎样的真相?甜蜜的誓约,酝酿致命的危险。我触摸着你的骨,阅读着你的不甘和怨恨,将所有蛛丝马迹构成网,织住潜在黑暗中的罪者。犯罪者,终将为手上的血腥付出惩罚。另外,那边的大队长啊,小女子看你面相非凡,骨骼清奇,我们破案之余,谈个萌萌哒的恋爱可好?
  • 蛹之生

    蛹之生

    听小野讲故事,台湾青春的美好时光!有些人,随着青春沉睡历史。有些人,随着岁月刻骨铭心。二十二的小野,凭借《蛹之生》拿下台湾联合报小说奖,这本在他大三时期完成的作品,一举将他推向畅销书作家行列。这本小野的早期作品,以当时大学生的角度,来观察并表达校园、社会里的种种现象。《蛹之生》充满热情与理想,用作者的话来:“这是一本描写那个很蠢却很纯的时代大学生寻找自我和爱情的小说集。如果用更现代的语汇来形容的话,那就是纯爱、热血、励志。”