was perfectly extinguished in that part of the world.
Accordingly we find one of its principles had strayed hither so early as
the time of Edric and Lothaire.[85] There are two maxims[86] of civil
law in their proper terms in the code of Canute the Great, who made and
authorized that collection after his pilgrimage to Rome; and at this
time, it is remarkable, we find the institutions of other nations
imitated. In the same collection there is an express reference to the
laws of the Werini. From hence it is plain that the resemblance between
the polity of the several Northern nations did not only arise from their
common original, but also from their adopting, in some cases, the
constitutions of those amongst them who were most remarkable for their
wisdom.
In this state the law continued until the Norman Conquest. But we see
that even before that period the English law began to be improved by
taking in foreign learning; we see the canons of several councils mixed
indiscriminately with the civil constitutions; and, indeed, the
greatest part of the reasoning and equity to be found in them seems to
be derived from that source.
Hitherto we have observed the progress of the Saxon laws, which,
conformably to their manners, were rude and simple,--agreeably to their
confined situation, very narrow,--and though in some degree, yet not
very considerably, improved by foreign communication. However, we can
plainly discern its three capital sources. First, the ancient
traditionary customs of the North, which, coming upon this and the other
civilized parts of Europe with the impetuosity of a conquest, bore down
all the ancient establishments, and, by being suited to the genius of
the people, formed, as it were, the great body and main stream of the
Saxon laws. The second source was the canons of the Church. As yet,
indeed, they were not reduced into system and a regular form of
jurisprudence; but they were the law of the clergy, and consequently
influenced considerably a people over whom that order had an almost
unbounded authority. They corrected, mitigated, and enriched those rough
Northern institutions; and the clergy having once, bent the stubborn
necks of that people to the yoke of religion, they were the more easily
susceptible of other changes introduced under the same sanction. These
formed the third source,--namely, some parts of the Roman civil law, and
the customs of other German nations. But this source appears to have
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