The History of the Common Law of England [38]
Otho the Emperor, as we are told by Radulphus, de Diceto sub Anno 945. And such are the Laws of France to this Day, Vide Chopimus de Domanio Franciae, Lib. 2. Tit. 12. and such were the ancient Customs of the Normans, as we are told by the Grand Contumier, cap. 99. And such is the Law of Normandy, and of the Isles of Jersey and Guernsey (which some Time were Parcel thereof) at this Day, as is agreed by Terrier, the best Expositor of their Customs, Lib. 2. cap. 2. And so it was adjudg'd within my Remembrance in the Isle of Jersey, in a Controversy there, between John Perchard and John Rowland, for the Goods and Estate of Peter Perchard. But nevertheless, John the Uncle of Arthur came by Force and Power, Et Rotomagum Gladio Diucatus Normanniae accinctus est Per Ministerium Kotomagensis Archiepiscopi, as Mat. Paris says; and shortly after also usurped the Crown of England, and imprisoned his Nephew Arthur, who died in the year 1202, being as was supposed murthered by his said Uncle, Vide Mat. Paris, in fine Regni Regis Rici' Primi, and Walsingham in his Ypodigma Neustriae sub eodem Anno 1202. And to countenance his Usurpation in Normandy, and to give himself the better Pretence of Title, he by his Power so far prevailed there, that he obtained a Change of the Law there, purely to serve his Turn, by transferring the Right of Inheritance from the Son of the elder Brother to the younger Brother, as appears by the Grand Contumier, cap. 99. But withal, the Gloss takes Notice of it as an Innovation, and brought in by Men of Power, tho' it mentions not the particular Reason, which was aforesaid. The King of France (of whom the Dutchy of Normandy was holden) highly resented the Injury done by King John to his Nephew Arthur, who, as was strongly suspected, came not fairly to his End. He summoned King John as Duke of Normandy into France, to give an Account of his Actions, and upon his Default of appearing, he was by King Philip of France forejudged of the Said Dutchy, Vide Mat. Paris, in initio Regni Johannis; and this Sentence was so effectually put in Execution, that in the year 1204, Mat Paris tells us, "Tota Normannia, Turania Andegavia, & Pictavia cum Civitatibus & Castellis & Rebus aliis praeter Rupellam, Toar, & Mar Castellam sunt in Regis Francorum Dominium devoluta." But yet he retained, tho' with much Difficulty, the Islands of Jersey and Guernsey, and the uninterrupted Possession of some Parts of Normandy for some Time after, and both he and and his Son King Hen. 3 kept the Stile and Title of Dukes of Normandy, &c. 'till the 43d year of King Hen. 3 at which Time for 3000 Livres Tournois, and upon some other Agreements, he resigned Normandy and Anjou to the King of France, and never afterwards used that Title, as appears by the Continuation of Mat. Paris, sub Anno 1260, only the four Islands, some Time Parcel of Normandy, were still, and to this Day, are enjoyed by the Crown of England, viz. Jersey, Guernsey, Sarke, and Aldernay, tho' they are still governed under their ancient Norman Laws. Secondly, As to the Second Enquiry, What Evidence we have touching the Laws of Normandy: The best, and indeed only common Evidence of the ancient Customs and Laws of Normandy, is that Book which is called, The Grand Contumier of Normandy, which in later years has been illustrated, not only with a Latin and French Gloss, but also with the Commentaries of Terrier, a French Author. This Book does not only contain many of the ancienter Laws of Normandy, but most plainly it contains those Laws and Customs which were in Use here in the Time of King Hen. 2, King Rich. I and King John, yea, and such also as were in Use and Practice in that Country after the Separation of Normandy from the Crown of England; for we shall find therein, in their Writs and Processes, frequent Mention of King Rich. I and the entire Text of the 110th Chapter thereof is an Edict of Philip King of France, after the Severance of Normandy from the Crown of England. (I speak not of