laws are founded--and thus, Sir, we are obliged to know their law of the holy
eglise; et semblablement ils sont obligés de conustre nostre lev: et, Sir, si
church; and in like manner they are obliged to know our law; and, Sir, if
poit apperer or ù nous que Tevesque ad fait come un ordinary fera en tiel
it can be shown thus to us that the bishop has done as a layman would in such
cas, adonq nous devons ceo adjuger bon, ou auterment nemy,' &c.(1) See S. C,
a case, then we ought this to judge good, or otherwise not at all.
Translation read to the Jury.
- Translation read to the Jury.
Fitzherbert's Abr. qu. imp. 89. Brown's Abr. qu. imp. 12. Finch, in his first book, c. 3, is the first afterwards who quotes this case, and misstates it thus, 'To such laws of the church as have warrant in holy scripture our law giveth credence,' and cites Prisot, mistranslating 'ancien scripture' into 'holy scripture;' whereas Prisot palpably says, 'to such laws as those of holy church have in ancient writing it is proper for us to give credence to wit, to their ancient written laws. This was in 1613, a century and a half after the dictum of Prisot. Wingate, in 1658, erects this false translation into a maxim of the common law, copying the words of Finch, but citing Prisot. Wingate's Maxims, 3; and Sheppard, tit. 'Religion in 1675. copies the same mistranslation, quoting the Year-book, Finch and Wingate. Hale expresses it in these words, 'Christianity is parcel of the laws of England.'