s, when communicated to his justices,
or any other person, "by letters," or writs, _under seal_, had as much
legal authority as laws promulgated in any other form whatever, it will
be seen that this oath of the justices _absolutely required_ that they
disregard any legislation that was contrary to "_common right_," or
"_the common law_," and notify the king that it was contrary to common
right, or the common law, and then proceed to execute the common law,
notwithstanding such legislation.[60]
If there could be any doubt that such was the meaning of this oath, that
doubt would be removed by a statute passed by the king two years
afterwards, which fully explains this oath, as follows:
"Edward, by the Grace of God, &c., to the Sheriff of _Stafford_,
greeting: Because that by divers complaints made to us, we have
perceived that _the Law of the Land, which we by our oath are bound
to maintain_, is the less well kept, and the execution of the same
disturbed many times by maintenance and procurement, as well in the
court as in the country; we greatly moved of conscience in this
matter, and for this cause desiring as much for the pleasure of God,
and ease and quietness of our subjects, as to save our conscience,
and for to save and keep our said oath, by the assent of the great
men and other wise men of our council, we have ordained these things
following:
"First, we have commanded all our justices, that they shall from
henceforth _do equal law and execution of right_ to all our subjects,
rich and poor, without having regard to any person, _and without
omitting to do right for any letters or commandment which may come to
them from us, or from any other, or by any other cause. And if that
any letters, writs, or commandments come to the justices, or to other
deputed to do law and right according to the usage of the realm, in
disturbance of the law, or of the execution of the same, or of right
to the parties, the justices and other aforesaid shall proceed and
hold their courts and processes, where the pleas and matters be
depending before them, as if no such letters, writs, or commandments
were come to them; and they shall certify us and our council of such
commandments which be contrary to the law_, (that is, "the law of the
land," or common law,) _as afore is said_.[61] And to the intent that
our justices shall do even right to all people in the
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