The History of the Common Law of England [42]
Coronaiionem Regis Henrici fecundi, as appears expresly in the Contumier, cap. 111. De Feofe & Gage. So that anciently the Time of Limitation in Normandy was the same as in England, and indeed borrowed from England, viz. In all Actions Ancestrel from the Coronation of Henry 2. And thus in those Actions wherein the Limitation was anciently from the Coronation of King Richard I was substituted as in the Writ De Feofe & Gage, in the Contumier, cap. 111. De Feofe & Forme, cap. 112. In the Writ De Ley Apparisan, ib. cap. 24. & cap. 22. "Ascun Gage ne peut estre requise en Normandy, si il ne suit engage post le Coronement de Roy Richard ou deins quarante annus": So that the old Limitation, as well for the Redemption of Mortgages, as for bringing those Writs above-mentioned, was post Coronationem Regis Henrici Secundi; but altered, as it seems, by King Philip, the Son of Lewis King of France, after King John's Ejectment out of Normandy, and since the Time from the Coronation of King Richard I is estimated to bear Proportion to 40 years. It is probable this Change of the Limitation by King Philip of France, was about the Beginning of the Reign of King Henry 3 or about 30 or 40 years after the Coronation of Richard I from whose Coronation about 30 years were elapsed, 5 aut. 6 Henrici 3 for anciently the Limitation in this Case was 30 years. Fourthly, I now come to the Fourth Inquiry, viz. How this great Parity between the Laws of England and Normandy came to be effected; and before I come to it, I shall premise Two Observables, which I would have the Reader to carry along with him through the whole Discourse, viz. First, That this Parity of Laws does not at all infer a Necessity, that they should be imposed by the Conqueror, which is sufficiently shewn in the foregoing Chapters; and in this it will appear that there were divers other Means that caused a Similitude of both Laws, without any Supposition of imposing them by the Conqueror. Secondly, That the Laws of Normandy were in the greater Part thereof borrowed from ours, rather than ours from them, and the Similitude of the Laws of both Countries did in greater Measure arise from their Imitation of our Laws, rather than from our Imitation of theirs, though there can't be denied a Reciprocal Imitation of each others Laws was, in some Measure at least, had in both Dominions: And these Two Things being premised, I descend to the Means whereby this Parity or Similitude of the Laws of both Countries did arise, as follow, viz. First, Mr Camden and some others have thought, there was ever some Congruity between the ancient Customs of this Island and those of the Country of France, both in Matters Religious and Civil; and tells us of the ancient Druids, who were the common Instructors of both Countries. Gallia Causidicos docuit facunda Britannos: And some have thought, that anciently both Countries were conjoined by a small Neck of Land, which might make an easier Transition of the Customs of either Country to the other; but those Things are too remote Conjectures, and we need them not to solve the Congruity of Laws between England and Normandy. Therefore, Secondly, It seems plain, that before the Normans coming in Way of Hostility, there was a great Intercourse of Commerce and Trade, and a mutual Communication, between those Two Countries; and the Consanguinity between the Two Princes gave Opportunities of several Interviews between them and their Courts in each others Countries: And it is evident by History, that the Confessor, before his Accession to the Crown, made a long Stay in Normandy, and was there often, which of Consequence must draw many of the English thither, and of the Normans hither; all which sight be a Means of their mutual Understanding of the Customs and Laws of each others Country, and gave Opportunities of Incorporating and ingrafting divers of them into each other, as they were found useful or convenient; and therefore the Author of the Prologue to the Grand Custumier thinks it more