_." (The laws had force and
vigor only when they were not only enacted, but confirmed by the
approval of the community.)

The _Mirror of Justices_ itself also says, (ch. 1, sec. 3,) in speaking
"_Of the first Constitutions of the Ancient Kings_:"

"Many ordinances were made by many kings, until the time of the king
that now is (Edward I.); the which ordinances were abused, _or not
used by many, nor very current_, because they were not put in
writing, and certainly published."--_Mirror of Justices_, p. 6.

Hallam says:

"The Franks, Lombards, and Saxons seem alike to have been jealous of
judicial authority; and averse to surrendering what concerned every
man's private right, out of the hands of his neighbors and
equals."--_1 Middle Ages_, 271.

The "judicial authority," here spoken of, was the authority of the
kings, (who at that time united the office of both legislators and
judges,) and not of a separate department of government, called the
judiciary, like what has existed in more modern times.[34]

Hume says:

"The government of the Germans, and that of all the northern nations,
who established themselves on the ruins of Rome, was always extremely
free; and those fierce people, accustomed to independence and inured
to arms, _were more guided by persuasion than authority, in the
submission which they paid to their princes_. The military despotism,
which had taken place in the Roman empire, and which, previously to
the irruption of those conquerors, had sunk the genius of men, and
destroyed every noble principle of science and virtue, was unable to
resist the vigorous efforts of a free people, and Europe, as from a
new epoch, rekindled her ancient spirit, and shook off the base
servitude to arbitrary will and authority under which she had so long
labored. The free constitutions then established, however impaired by
the encroachments of succeeding princes, still preserve an air of
independence and legal administration, which distinguished the
European nations; and if that part of the globe maintain sentiments
of liberty, honor, equity, and valor, superior to the rest of
mankind, it owes these advantages chiefly to the seeds implanted by
those generous barbarians.

"_The Saxons, who subdued Britain, as they enjoyed great liberty in
their own country, obstinately retained that invaluable possession in
their new settlement