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ommonly  called The Conqueror。 I shall now proceed to the History thereof  in the ensuing Times�察�until the Reign of King Edward 2。      William I having Three Sons�察�Robert the eldest�察�William the  next�察�and Henry the youngest�察�disposed of the Crown of England to  William his second Son�察�and the Dutchy of Normandy to Robert his  eldest Son�察�and accordingly William 2 commonly called�察�William  Rufus�察�succeeded his Father in this Kingdom。 We have little  memorable of him in relation to the Laws�察�only that he severely  press'd and extended the Forest Laws。      Henry I�察�Son of William I and Brother of William 2 succeeded  his said Brother in the Kingdom of England�察�and afterwards  expelled his eldest Brother Robert out of the Dutchy of Normandy  also。 He proceeded much in the Benefit of the Laws�察�viz。      First�察�He restored the Free´Election of Bishops and Abbots�察 �which before that Time he and his Predecessors invested�察�Per  Anniulum & Bacculum�察�yet reserving those Three Ensigns of the  Patronage thereof�察�viz。 Conge d'Eslire�察�Custody of the  Temporalties�察�and Homage upon their Restitution。 Vide Hoveden�察�in  Vita sua。      But Secondly�察�The great Essay he made�察�was the composing an  Abstract or Manual of Laws�察�wherein he confirm'd the Laws of  Edward the Confessor�察�Cum illis Emendationibus quibus eam Pater  meus emendavit Baronum suorum Concilio�察�and then adds his own  Laws�察�some whereof seem to taste of the Canon Law。 The whole  Collection is transcribed in the Red Book of the Exchequer�察�from  whence it is now printed in the End of Lambard's Saxon Laws�察�and  therefore not needfull to be here repeated。      They�察�for the most Part�察�contain a Model of Proceedings in  the County Courts�察�the Hundred Courts�察�and the Courts Leet�察�the  former to be held Twelve Times in the Year�察�the latter twice�察�and  also of the Courts Baron。 These were the ordinary usual Courts�察 �wherein Justice was then�察�and for a long Time after�察�most  commonly administred�察�also they concern Criminal Proceedings�察�and  the Punishment of Crimes�察�and some few Things touching Civil  Actions and Interests�察�as in Chapter 70�察�directing Descents�察�viz。        Si quis sine Liberis decesserit Pater aut Mater ejus in  Hereditatem succedant�察�vel Frater vel Soror�察�si Pater & Mater  desint�察�si nec hos habeat�察�Frater vel Soror Patris vel Matris�察�&  deinceps in quintum Genetalium�察�qui cum propiores in parentela  sint hereditario Jure succedant�察�Et dum virilis sexus extiterit &  haereditas ab inde sit Femina non haereditetur�察�primum Patris  Feodum primogenitus Filius habeat。 Emptiones vero & deinceps  Acquisitiones det cui magis velit�察�sed si Bockland habeat quam ei  Parentes dederint�察�Mittat eam extra cognationem suam。        I have observ'd and inserted this Law�察�for Two Reasons�察�viz。  First�察�To justify what I before said�察�That the Laws of Normandy  took the English Laws for their Pattern in many Things�察�Vide le  Contumier�察�cap。 25�察�26�察�36�察�&c。 And Secondly�察�To see how much the  Laws of England grew and increased in their Particularity and  Application between this Time and the Laws of William I which in  Chapter 36�察�has no more touching Descents but this�察�viz。 Si quis  intestatus obierit�察�liberi ejus haereditatem equsliter dividant。  But Process of Time grafted thereupon�察�and made particular  Provisions for particular Cases�察�and added Distributions and  Subdivisions to those General Rules。      These Laws of King Henry I are a kind of Miscellany�察�made up  of those ancient Laws�察�called�察�The Laws of the Confessor�察�and  King William I and of certain Parts of the Canon and Civil Law�察 �and of other Provisions�察�that Custom and the Prudence of the King  and Council had thought upon�察�chosen�察�and put together。      King Stephen succeeded�察�by Way of Usurpation�察�upon Maud the  sole Daughter and Heir of King Hen。 I。 The Laws of Hen。 I grew  tedious and ungrateful to the People�察�partly because new�察�and so  not so well known�察�and partly because more difficult and severe  than those ancient Laws�察�called�察�The Confessor's�察�for Walsingham�察 �in his Ypodigma Neustriae�察�tells us�察�That the Londoners  petitioned Queen Maud�察�ut liceret eis uti Legibus sancti Edvardi  & non legibus Patris sui Henrici�察�quia graives erant�察� and that  her Refusal gave Occasion to their Defection from her�察�and  strengthened Stephen in his Usurpation�察�who according to the  Method of Usurpers�察�to secure himself in the Throne�察�was willing  and ready to gratify the Desires of the People herein�察�and  furthermore�察�took his Oath�察�1st�察�That he would not retain in his  Hands the Temporalties of the Bishops�此�2dly�察�That he would remit  the Severity of the Forest Laws�察�and 3dly�察�That he would also  remit the Tribute of Danegelt�此�But he performed nothing。      His Times were troublesome�察�he did little in relation to the  Laws�察�nor have we any Memorial of any Record touching his  Proceedings therein�察�only there are some few Pipe Rolls of his  Time�察�relating to the Revenue of the Crown。      Henry 2�察�the Son of Maud�察�succeeded Stephen�察�he reigned long�察 �viz。 about Thirty Five Years�察�and tho' he was not without great  Troubles and Difficulties�察�yet he built up the Laws and the  Dignity of the Kingdom to a great Height and Perfection。 For�察     �First�察�In the Entrance of his Government he settled the Peace  of the Kingdom�察�he also reformed the Coin�察�which was much  adulterated and debased in the Times and Troubles of King  Stephen�察�Et Leges Henrici avi sui praecepit per totum Regnum  inviolabiliter observari。 Hoveden。      Secondly�察�Against the Insolencies and Usurpations of the  Clergy。 he by the Advice of his Council or Parliament at  Clarendon�察�enacted those Sixteen Articles mentioned by Mat。  Paris�察�sub Anno 1164。 They are long�察�and therefore I remit you  thither for the Particulars of them。      'Tis true�察�Thomas Becket�察�Archbishop of Canterbury�察�boldly  and insolently took upon him to declare many of those Articles  void�察�especially those Five mentioned in his Epistle to  Suffragans�察�recorded by Hoveden�察�viz。 1st�察�That there should be  no Appeal to the Bishop without the King's Licence。 2dly�察�That no  Archbishop or Bishop should go over the Seas at the Pope's  Command without the King's Licence。 3dly�察�That the Bishop should  not excommunicate the King's Tenants in Capite without the King's  Licence。 4thly�察�That the Bishop should not have the Conuzance of  Perjury�察�or Fidei Laesionis。 And�察�5thly�察�That the Clergy should  be convened before Lay Judges�察�and that the King's Courts should  have Conuzance of Churches and of Tythes。      Thirdly�察�He raised up the Municipal Laws of the Kingdom to a  greater Perfection�察�and a more orderly and regular Administration  than before�察�'tis true�察�we have no Record of judicial Proceedings  so ancient as that Time�察�except the Pipe Rolls in the Exchequer�察 �which are only Accounts of his Revenue�此�But we need no other  Evidence hereof than the Tractate of Glanville�察�which tho'  perhaps it was not written by that Ranulphus de Glanvilla�察�who  was Justitiarius Angliae under Hen。 2�察�yet it seems to be wholly  written at that Time�察�and by that Book�察�tho' many Parts thereof  are at this Day antiquated and altered�察�and in that long Course  of Time�察�which has elapsed since that King's Reign�察�much  enlarged�察�reformed�察�and amended�察�yet by comparing it with those  Laws of the Confessor and Conqueror�察�yea�察�and the Laws of his  Grandfather King Hen。 I which he confirmed�察�it will easily  appear�察�that the Rule and Order�察�as well as the Administration of  the Law�察�was greatly improved beyond what it was formerly�察�and we  have more Footsteps of their Agreement and Concord herein with  the Laws�察�as they were used from the Time of Edw。 I and  downwards�察�than can be found in all those obsolete Laws of Hen。 I  which indeed were but disorderly�察�confused and general Things�察 �rather the Cases and Shells of directing the Way of  Administration than Institutions of Law�察�if compared with  Glanville's Tractate of our Laws。      Fourthly�察�The Administration of the Common Justice of the  Kingdom�察�seems to be wholly dispensed in the County Courts�察 �Hundred Courts�察�and Courts Baron�察�except some of the greater  Crimes reformed by the Laws of King Hen。 I and that Part thereof  which was sometimes taken up by the Justitiarius Anglicae�此�This  doubtless bred great Inconvenience�察�Uncertainty�察�and Variety in  the Laws�察�viz。      First�察�by the Ignorance of the Judges�察�which were the  Freeholders of the County�此�For altho' the Alderman or Chief  Constable of every Hundred was always to be a Man learned in the  Laws�察�and altho' not only the Freeholders�察�but the Bishops�察 �Barons�察�and great Men�察�were by the Laws of King Hen。 I appointed  to attend the County Court�察�yet they seldom attend there�察�or if  they did�察�in Process of Time they neglected the Study of the  English Laws�察�as great Men usually do。      Secondly�察�Another Inconvenience was�察�That this also bred  great Variety of Laws�察�especially in the several Counties�此�For  the Decisions or Judgments being made by divers Courts�察�and  several Independent Judges and Judicatories�察�who had no common  Interest among them in their several Judicatories�察�thereby in  Process of Time every several County would have several Laws�察 �Customs�察�Rules�察�and Forms of Proceeding�察�which is always the  Effect of several Independent Judicatories administred by several  Judges。      Thirdly�察�A Third Inconvenience was�察�That all the Business of  any Moment was carried by Parties and Factions�此�For the  Freeholders being generally the Judges�察�and Conversing one among  another�察�and being as it were the Chief Judges�察�not only of the  Fact�察�but of the Law�察�every Man that had a Suit there�察�sped  according as he could make Parties�察�and Men of great Power and  Interest in the County did easily overbear others in their own  Causes�察�or in such wherein they were interested�察�either by  Relation of Kindred�察�Tenure�察�Service�察�Dependance�察�or Application。      And altho' in Cases of false Judgment�察�the Law�察�even as then  used�察�proved a Remedy by Writ of false Judgment before the King  or his Chief Justice�察�and in Case the Judgment was found to be  such in the County Court�察�all the Suiters were considerably  amerced�察。�which also continued long after in Use with some  Severity�� yet this proved but an ineffectual Remedy for those  Mischiefs。      Therefore the Ki

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