Parliamentary Debates in 1610

Cover Parliamentary Debates in 1610
Parliamentary Debates in 1610
Great Britain. Parliament. House of Commons
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And yet the Statutes are best tried. But the Comon lawe tryed by tyme, which is wiser then all the Judges in the land. By tyme out of mynde.
So, if you prove any thinge to be comon lawe, you must prove 2 things: to be reason, and to be custome.
The end of all lawe is the good of the comonwealth. Salus populi mprema lex.
2 questions: 1. Whether this have bene custome? 2. Whether it have bene reason?
Whether it be a custome; used in the King's courts tyme out of mynde.
But this poynt was never ad
...judged before. The King's patents or grants prove not the lawe until they be adjudged. Of this there is no contynuall custom without interruption.
2 ends putt together cannot make a custome. The later tjrme synce Q. Maryes tyme 60 yeares can make no custome. And the former custome, 100 yeares temp. E. 1, 2, 3, hath bene synce inter- rupted by 300 or 400 yeares.
Ob. All the ports are the King's.
SoL By the same reason he may impose upon any man tha^ traveUs the higheway. The ports are the King's for the use of his subjects, so that the lords of the soyle cannot stoppe.


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