The History of the Common Law of England [43]
probable, That the Laws of Normandy were derived from England, than that ours were derived from thence. Thirdly, 'Tis evident, that when the Duke of Normandy came in, he brought over a great Multitude, not only of ordinary Soldiers, but of the best of the Nobility and Gentry of Normandy; hither they brought their Families, Language and Customs, and the Victor used all Art and Industry to incorporate them into this Kingdom: And the more effectually to make both People become one Nation, he made Marriages between the English and Normans, transplanting many Norman Families hither, and many English Families thither; he kept his Court sometimes here, and sometimes there; and by those Means insensibly derived many Norman Customs hither, and English Customs thither, without any severe Imposition of Laws on the English as Conqueror: And by this Method he might easily prevail to bring in, even without the Peoples Consent, some Customs and Laws that perhaps were of Foreign Growth; which might the more easily be done, considering how in a short Time the People of both Nations were intermingled; they were singled in Marriages, in Families, in the Church, in the State, in the Court, and in Councils; yea, and in Parliaments in both Dominions, though Normandy became, as it were, an Appendix to England, which was the nobler Dominion, and received a greater Conformity of their Laws to the English, than they gave to it. Fourthly, But the greatest Means of the Assimilation of the Laws of both Kingdoms was this: The Kings of England continued Dukes of Normandy till King John's Time, and he kept some Footing there notwithstanding the Confiscation thereof by the King of France, as aforesaid; and during all this Time, England, which was an absolute Monarch, had the Prelation or Preference before Normandy, which was but a Feudal Dutchy, and a small Thing in respect of England; and by this Means Normandy became, as it were, an Appendant to England, and successively received its Laws and Government from England; which had a greater Influence on Normandy than that could have on England; insomuch that oftentimes there issued Precepts into Normandy to summon Persons there to answer in Civil Causes here; yea, even for Lands and Possessions in Normandy; as Placito 1 Johannis, a Precept issued to the Seneschal of Norsandy, to summon Robert Jeronymus, to answer to John Marshal, in a Plea of Land, giving him 40 Days Warning; to which the Tenant appeared, and pleaded a Recovery in Normandy: And the like Precept issued for William de Bosco, against Jeoffry Rusham, for Lands in Corbespine in Normandy. And on the other Side, Trin. 14 Johannis, in a Suit between Francis Borne and Thomas Adorne, for certain Lands in Ford. The Defendant pleaded a Concord made in Normandy in the Time of King Richard I upon a Suit there before the King, for the Honour of Bonn in Normandy, and for certain Lands in England, whereof the Lands in Question were Parcel, before the Seneschal of Normandy, Anno 1099. But it was excepted against, as an insufficient Fine, and varying in Form from other Fines; and therefore the Defendant relied upon it as a Release. By these, and many the like Instances, it appears as follows, viz. First, That there was a great Intercourse between England and Normandy before and after the Conqueror, which might give a great Opportunity of an Assimilation and Conformity of the Laws in both Countries. Secondly, That a much greater Conformation of Laws arose after the Conqueror, during the Time that Normandy was enjoyed by the Crown of England, than before. And Thirdly, That this Similitude of the Laws of England and Normandy was not by Conformation of the Laws of England to those of Normandy, but by Conformation of the Laws of Normandy to those of England, which now grew to a great Height, Perfection and Glory; so that Normandy became but a Perquisite or Appendant of it. And as the Reason of the Thing speaks it, so the very Fact itself attests it. For First, It