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The English Common Law is based on written sources, but it is also entrenched in oral precedent. The unwritten tradition forms the backbone of the case law and does not rely on written evidence, and this tradition has an importance which is not always recognised: it is an oral tradition, and it is used in the English courts, and by judges, to provide clarity and consistency. This oral tradition is not something that can be codified: it is a living entity. The law is, to some extent, an extension of the common mind. In the absence of written law, the common law is based on the common wisdom. When that wisdom is supplanted by text, there is a danger that it becomes the law.
There was no office of the City Marshal in 1580. The duties of a marshal had changed. From the mid-15th century there had been a marshal of the City of London, a provincial marshal and, finally, a marshal of the Court of Common Pleas. These offices were abolished, replaced by the new office of Lord Mayor, who had a different remit from the Marshal. The name, though, remained. Why? The first two offices, that of the City Marshal and the provincial marshal, were concerned with law and order. The Lord Mayor's office was concerned with law and order, but with economic law.
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