the history of the common law of england-第23部分
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silently and without Noise abrogated many ill and inconvenient Usages； both in his Courts of Justice； and in the Country。 He rectified and set in Order the Method of collecting his Revenue in the Exchequer； and removed obsolete and illeviable Parts thereof out of Charge； and by the Statutes of Westminster 1。 and Westminster 2。 Gloucester and Westminster 3。 and of Articuli super Chartas； he did remove almost all that was either grievous or impractical out of the Law； and the Course of its Administration； and substituted such apt； short； pithy； and effectual Remedies and Provisions； as by the Length of Time； and Experience had of their Convenience； have stood ever since without any great Alteration； and are now as it were incorporated into； and become a Part of the Common Law itself。 Upon the whole Matter； it appears； That the very Scheme； Mold and Model of the Common Law； especially in relation to the Administration of the Common Justice between Party and Party； as it was highly rectified and set in a much better Light and Order by this King than his Predecessors left it to him； so in a very great Measure it has continued the same in all succeeding Ages to this Day； so that the Mark or Epocha we are to take for the true Stating of the Law of England； what it is； is to be considered； stated and estimated from what it was when this King left it。 Before his Time it was in a great Measure rude and unpolish'd； in comparison of what it was after his Reduction thereof； and on the other Side； as it was thus polished and ordered by him； so has it stood hitherto without any great or considerable Alteration； abating some few Additions and Alterations which succeeding Times have made； which for the most part are in the subject Matter of the Laws themselves； and not so much in the Rules； Methods； or ways of its Administration。 As I before observed some of those many great Accessions to the Perfection of the Law under this King； so I shall now observe some of those Boxes or Repositories where they may be found； which are of the following Kiuds； viz。 First； The Acts of Parliament in the Time of this King are full of excellent Wisdom and Perspicuity； yet Brevity； but of this； enough before is said。 Secondly； The Judicial Records in the Time of this King。 I shall not mention those of the Chancery； the Close…Patent and Charter Rolls； which yet will very much evidence the Learning and Judgment of that Time； but I shall mention the Rolls of Judicial Proceedings； especially those in the King's…Bench and Common…Pleas； and in the Eyres。 I have read over many of them； and do generally observe； 1。 That they are written in an excellent Hand。 2。 That the Pleading is very short； but very clear and perspicuous； and neither loose or uncertain； nor perplexing the Matter either with Impropriety； Obscurity； or Multiplicity of Words： They are clearly and orderly digested； effectually representing the Business that they intend。 3。 That the Title and the Reason of the Law upon which they proceed （which many times is expresly delivered upon the Record itself） is perspicuous； clear and rational； so that their short and pithy Pleadings and judgments do far better render the Sense of the Business； and the Reasons thereof； than those long； intricate； perplexed； and formal Pleadings； that oftentimes of late are unnecessarily used。 Thirdly； The Reports of the Terms and Years of this King's Time； a few broken cases whereof are in Fitzherbert's Abridgment； but we have no successive Terms or Years thereof； but only ancient Manuscripts perchance； not running through the whole Time of this King； yet they are very good； but very brief： Either the Judges then spoke less； or the Reporters were not so ready handed as to take all they said。 And hence this Brevity makes them the more obscure。 But yet in those brief Interlocutions between the Judge and the Pleaders； and in their Definitions； there appears a great deal of Learning and Judgment。 Some of those Reports； tho' broken； yet the best of their Kind； are in LincolnsInn Library。 Fourthly； The Tracts written or collected in the Time of this wise and excellent Prince； which seem to be of Two Kinds； viz。 Such as were only the Tractates of private Men； and therefore had no greater Authority than private Collections； yet contain much of the Law then in Use； as Fleta the Mirror； Britton and Thornton； or else； 2dly； They were Sums or Abstracts of some particular Parts of the Law； as Novae Narrationes； Hengam Magna & Parva； Cadit assisa Summa； De Bastardia Summa； by all which； compared even with Bracton； there appears a Growth and a Perfecting of the Law into a greater Regularity and Order。 And thus much shall serve for the several Periods or Growth of the Common Law until the Time of Edw。 I inclusively； wherein having been somewhat prolix； I shall be the briefer in what follows； especially feeling that from this Time downwards； the Books and Reports printed give a full Account of the ensuing Progress of the Law。 VIII。 A Brief Continuation of the Progress of the Laws； from the Time of King Edward 2 inclusive； down to these Times Having in the former Chapter been somewhat large in Discoursing of the Progress of the Laws； and the incidental Additions they received in the several Reigns of King William 2； King Hen。 I； King Stephen； King Hen。 2； King Richard I； King John； King Hen。 3 and King Edw。 I。 I shall now proceed to give a brief Account of the Progress thereof in the Time of Edw。 2 and the succeeding Reigns； down to these Times。 Edward 2 succeeding his Father； tho' he was an unfortunate Prince； and by reason of the Troubles and Unevenness of his Reign； the very Law itself had many Interruptions； yet it held its Current in a great Measure according to that Frame and State that his Father had left it in。 Besides the Records of judicial Proceedings in his Time； many whereof are still extant； there were some other Things that occur'd in his Reign which gave us some kind of Indication of the State and Condition of the Law during that Reign： As； First； The Statutes made in his Time and especially that of 17 E。 2。 stiled De Prerogativa Regis； which tho' it be called a Statute； yet for the most part is but a Sum or Collection of certain of the King's Prerogatives that were known Law long before； as for Instance； The King's Wardship of Lands in Capite attracting the Wardship of Lands held of others； The King's Grant of a Manor not carrying an Advowson Appendant unless named； The King's Title to the Escheat of the Lands of the Normans； which was in Use from the first Defection of Normandy under King John； The King's Title to Wreck； Royal Fish； Treasure Trove and many others； which were ancient Prerogatives to the Crown。 Secondly； The Reports of the Years and Terms of this King's Reign； these are not printed in any one entire Volume； or in any Series or Order of Time； only some broken Cases thereof in Fitzherbert's Abridgment； and in some other Books dispersedly； yet there are many entire Copies thereof abroad very excellently reported； wherein are many Resolutions agreeing with those of Edw。 1st's Time。 The best Copy of these Reports that I know now extant； is that in Lincoln's…Inn Library； which gives a fair Specimen of the Learning of the Pleaders and Judges of that Time。 King Edw。 3； succeeded his Father； his Reign was long； and under it the Law was improved to the greatest Height。 The Judges and Pleaders were very learned： The Pleadings are somewhat more polished than those in the Time of Edw。 I； yet they have neither Uncertainty； Prolixity； nor Obscurity。 They were plain and skilful； and in the Rules of Law； especially in relation to Real Actions； and Titles of Inheritance； very learned and excellently polished； and exceeded those of the Time of Edw。 I。 So that at the latter End of this King's Reign the Law seemed to be near its Meridian。 The Reports of this King's Time run from the Beginning to the End of his Reign； excepting some few Years between the 10th and 17th； and 30th and 33d Years of his Reign； but those Omitted Years are extant in many Hands in old Manuscripts。 The Book of Assizes is a Collection of the Assizes that happened in the Time of Edw。 3； being from the Beginning to the End extracted out of the Books and Assizes of those that attended the Assizes in the Country。 The justices Itinerant continued by intermitting Vicissitudes till about the 4th of Edw。 3； and some till the 10th of Edw。 3。 Their Jurisdiction extended to pleas of the Crown or Criminal Causes； Civil Suits and Pleas of Liberties； and Quo Warranto's； the Reports thereof are not printed； but are in many Hands in Manuscript； both of the Times of Edw。 I； Edw。 2； and Edw。 3； full of excellent Learning。 Some few broken Reports of those Eyres； especially of Cornwal； Nottingham； Northampton； and Derby； are collected by Fitzherbert in his Abridgment。 After the 10th of Edw。 3； I do not find any Justices Errant ad Communia Placita； but only ad Placita forestae； other Things that concerned those Justices Itinerant were supplied and transacted in the Common Bench for Communia Placita； in the King's…Bench and Exchequer for Placita de Libertatibus； and hefore Justices of Assize； Nisi Prius； Oyer and Terminer； and Gaol Delivery for Assizes and pleas of the Crown。 And thus much for the Law in the Time of Edw。 3。 Richard 2 succeeding his Grandfather； the Dignity of the Law； together with the Honour of the Kingdom； by reason of the Weakness of this Prince； and the Difficulties occurring in his Government； seem'd somewhat to decline； as may appear by comparing the Twelve last Years of Edw。 3； commonly called Quadragesms； with the Reports of King Richard 2； wherein appears a visible Declination of the Learning and Depth of the judges and Pleaders。 It is true； we have no printed continued Report of this King's Reign； but I have seen the entire Years and Terms thereof in a Manuscript； out of which； or some other Copy thereof； I suppose Fitzherbert abstracted those broken Cases of this Reign in his Abridgment。 In all thos
