Common and civil law? Taking possession of the English empire in America, 1575-1630 (1). From: Canadian Journal of History | Date: December 1, 2003| Author: | COPYRIGHT 2003 Canadian Journal of History. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright information

It has generally been assumed that claims to the English empire in America were most closely associated with the English laws of land possession. This notion is reinforced by the long-standing belief that England eschewed Roman civil law and its derivatives in preference for the unique, domestic, and vernacular common law. As a number of historians have recently argued, however, English contemporaries recognized that the civil law, as codified by the emperor Justinian in the sixth century, was needed in all matters dealing with foreign affairs and foreign lands, because the common law had ...

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