been great disputes between the civil and ecclesiastical
courts concerning bastardy. The common law had deemed all those to be
bastards who were born before wedlock; by the canon law they were
legitimate: and when any dispute of inheritance arose, it had formerly
been usual for the civil courts to issue writs to the spiritual,
directing them to inquire into the legitimacy of the person. The
bishop always returned an answer agreeable to the canon law, though
contrary to the municipal law of the kingdom. For this reason the
civil courts had changed the terms of their writ; and instead of
requiring the spiritual courts to make inquisition concerning the
legitimacy of the person, they only proposed the simple question of
fact, whether he were born, before or after wedlock? The prelates
complained of this practice to the Parliament assembled at Merton in
the twentieth of this king, and desired that the municipal law might
be rendered conformable to the canon; but received from all the
nobility the memorable reply, NOLUMUS LEGES ANGLIAE MUTARE! We will
not change the laws of England [t].
[FN [t] Statute of Merton, chap. 9.]
After the civil wars, the Parliament, summoned at Marlebridge, gave
their approbation to most of the ordinances which had been established
by the reforming barons, and which, though advantageous to the
security of the people, had not received the sanction of a legal
authority. Among other laws, it was there enacted, that all appeals
from the courts of inferior lords should be carried directly to the
king's courts without passing through the courts of the lords
immediately superior [u]. It was ordained that money should bear no
interest during the minority of the debtor [w]. This law was
reasonable, as the estates of minors were always in the hands of their
lords, and the debtors could not pay interest where they had no
revenue. The charter of King John had granted this indulgence: it was
omitted in that of Henry III., for what reason is not known; but it
was renewed by the statute of Marlebridge. Most of the other articles
of this statute are calculated to restrain the oppressions of
sheriffs, and the violence and iniquities committed in distraining
cattle and other goods. Cattle and the instruments of husbandry
formed at that time the chief riches of the people.
[FN [u] Statute of Marleb. chap. 20. [w] Ibid. chap. 16.]
In the thirty-fifth year of this king an assize was fixed of bread,
th
|