In the civil law the judex ordinarius is a judge who has regular jurisdiction as of course and of common right as opposed to persons extraordinarily appointed.
The court which can award a sentence is said to possess as of common right a discretionary power of granting a reprieve.
Thus (1), it has been said that - whereas the continental canon law recognized a quadripartite division of Church revenue of common right between (a) the bishop, (b) the clergy, (c) the poor, (d) the fabric - the English law maintained a tripartite division - (a) clergy, (b) the poor, (c) the fabric. Lord Selborne (Ancient Facts and Fictions concerning Churches and Tithes, 2nd ed., 1892) denies that there was any division of tithe in England.
Its language now recalls that of Canute or Alfred, now anticipates that of our own day; on the one hand common right is to be done to all, as well poor as rich, without respect of persons; on the other, elections are to be free, and no man is by force, malice or menace, to disturb them.