The King of France (of whom the Dutchy of Normandy was holden) highly resented the Injury done by King John to his Nephew Arthur, who, as was strongly suspected, came not fairly to his End. He summoned King John as Duke of Normandy into France, to give an Account of his Actions, and upon his Default of appearing, he was by King Philip of France forejudged of the Said Dutchy, Vide Mat. Paris, in initio Regni Johannis; and this Sentence was so effectually put in Execution, that in the year 1204, Mat Paris tells us, "Tota Normannia, Turania Andegavia, &Pictavia cum Civitatibus & Castellis & Rebus aliis praeter Rupellam, Toar, & Mar Castellam sunt in Regis Francorum Dominium devoluta."But yet he retained, tho' with much Difficulty, the Islands of Jersey and Guernsey, and the uninterrupted Possession of some Parts of Normandy for some Time after, and both he and and his Son King Hen. 3 kept the Stile and Title of Dukes of Normandy, &c. 'till the 43d year of King Hen. 3 at which Time for 3000Livres Tournois, and upon some other Agreements, he resigned Normandy and Anjou to the King of France, and never afterwards used that Title, as appears by the Continuation of Mat. Paris, sub Anno 1260, only the four Islands, some Time Parcel of Normandy, were still, and to this Day, are enjoyed by the Crown of England, viz. Jersey, Guernsey, Sarke, and Aldernay, tho' they are still governed under their ancient Norman Laws.
Secondly, As to the Second Enquiry, What Evidence we have touching the Laws of Normandy: The best, and indeed only common Evidence of the ancient Customs and Laws of Normandy, is that Book which is called, The Grand Contumier of Normandy, which in later years has been illustrated, not only with a Latin and French Gloss, but also with the Commentaries of Terrier, a French Author.
This Book does not only contain many of the ancienter Laws of Normandy, but most plainly it contains those Laws and Customs which were in Use here in the Time of King Hen. 2, King Rich. Iand King John, yea, and such also as were in Use and Practice in that Country after the Separation of Normandy from the Crown of England; for we shall find therein, in their Writs and Processes, frequent Mention of King Rich. I and the entire Text of the 110th Chapter thereof is an Edict of Philip King of France, after the Severance of Normandy from the Crown of England. (I speak not of those additional Edicts which are annex'd to that Book of a far later Date.) So that we are not to take that Book as a Collection of the Laws of Normandy, as they stood before the Accession or Union thereof to the Crown of England; but as they stood long after, under the Time of those Dukes of Normandy that succeeded William I and it seems to be a Collection made after the Time of K. Hen. 3 or at least after the Time of K. John, and consequently it states their Laws and Customs as they stood in Use and Practice about the Time of that Collection made, which observation will be of Use in the ensuing Discourse.
Thirdly, Touching the Third Particular, viz. The Agreement and Disparity of the Laws of England and Normandy. It is very true, we shall find a great Suitableness in their Laws, in many Things agreeing with the Laws of England, especially as they stood in the Time of King Hen. 2 the best Indication whereof we have in the Collection of Glanville; the Rules of Discents, of Writs, of Process, of Trials, and some other Particulars, holding a great Analogy in both Dominions, yet not without their Differences and Disparities in many Particulars, viz.
First, Some of those Laws are such as were never used in England; for Instance, There was in Normandy a certain Tribute paid to the Duke, called Monya, i. e. a certain Sum yielded to him (in Consideration that he should not alter their Coin)payable every three years, Vide Contumier, cap. 15. But this Payment was never admitted in England; indeed it was taken for a Time, but was ousted by the first Law of King Hen. 1 as an Usurpation. Again, by the Custom of Normandy, the Lands descended to the Bastard Eigne, born before Marriage of the same Woman, by whom the same Man had other Children after Marriage, Contumier, cap. 27. But the Laws of England were always contrary, as appears by Glanville, Lib. 7. cap. 13. And the Statute of Merton, which says, Nolumus Leges Anglicans Mutare, &c. Again, by the Laws of Normandy, if a Man died without Issue, or Brother, or Sister, the Lands did descend to the Father, Contumier, cap. 15. Terrier, cap. 2. But in England, this Law seems never to have been used.
