Common Law, or the Law of the Land

     "To such laws as those holy church have recorded, and preserved in their ancient books and writings, it is proper for us to give credence; for so is, or so says the Common Law, or law of the land, on which all manner of other laws rest for their authority, or are founded; that is to say, the Common Law, or the law of the land common to us all, and established by the authority of us all, is that from which is derived the authority of all other special and subordinate branches of law, such as the canon law, law merchant, law maritime, law of gavelkind, Borough English, corporation laws, local customs and usages, to all of which the common law requires its judges to permit authority in the special or local cases belonging to them.  The evidence of these laws is preserved in their ancient treatises, books and writings, in like manner as our common law itself is known, the text of its original enactments having been long lost, and its substance only preserved in ancient and traditionary writings.  And if it appears, from their ancient books, writings and records, that the bishop, in this case, according to the rules prescribed by these authorities, has done what an ordinary would have done in such case, then we should adjudge it good, otherwise not."

-John Prisot

---