.

FOR, being then entirely abandoned by the clergy, a few stragglers
excepted, the study and practice of it devolved of course into the
hands of laymen; who entertained upon their parts a most hearty
aversion to the civil law[n], and made no scruple to profess their
contempt, nay even their ignorance[o] of it, in the most public
manner. But still, as the ballance of learning was greatly on the side
of the clergy, and as the common law was no longer _taught_, as
formerly, in any part of the kingdom, it must have been subjected to
many inconveniences, and perhaps would have been gradually lost and
overrun by the civil, (a suspicion well justified from the frequent
transcripts of Justinian to be met with in Bracton and Fleta) had it
not been for a peculiar incident, which happened at a very critical
time, and contributed greatly to it's support.

[Footnote n: Fortesc. _de laud. LL._ _c._ 25.]

[Footnote o: This remarkably appeared in the case of the abbot of
Torun, _M._ 22 _E._ 3. 24. who had caused a certain prior to be
summoned to answer at Avignon for erecting an oratory _contra
inhibitionem novi operis_; by which words Mr Selden, (_in Flet._ 8.
5.) very justly understands to be meant the title _de novi operis
nuntiatione_ both in the civil and canon laws, (_Ff._ 39. 1. _C._ 8.
11. and _Decretal._ not _Extrav._ 5. 32.) whereby the erection of any
new buildings in prejudice of more antient ones was prohibited. But
Skipwith the king's serjeant, and afterwards chief baron of the
exchequer, declares them to be flat nonsense; "_in ceux parolx_,
contra inhibitionem novi operis, _ny ad pas entendment_:" and justice
Schardelow mends the matter but little by informing him, that they
signify a restitution _in their law_; for which reason he very sagely
resolves to pay no sort of regard to them. "_Ceo n'est que un
restitution en lour ley, pur que a ceo n'avomus regard, &c._"]

THE incident I mean was the fixing the court of common pleas, the
grand tribunal for disputes of property, to be held in one certain
spot; that the seat of ordinary justice might be permanent and
notorious to all the nation. Formerly that, in conjunction with all
the other superior courts, was held before the king's capital
justiciary of England, in the _aula regis_, or such of his palaces
wherein his royal person resided; and removed with his houshold from
one end of the kingdom to the other. This was found to occasion great
inconvenience to the suito