"He (Alfred) also, like another Theodosius, _collected the various
customs_ that he found dispersed in the kingdom, and reduced and
digested them into one uniform system, or code of laws, in his
_som-bec_, or _liber judicialis_ (judicial book). This he _compiled_ for
the use of the court baron, hundred and county court, the court-leet and
sheriff's tourn, tribunals which he established for the trial of all
causes, civil and criminal, in the very districts wherein the complaints
arose."--_4 Blackstone_, 411.
Alfred himself says, "Hence I, King Alfred, gathered these together, and
commanded many of those to be written down which our forefathers
observed--those which I liked--and those which I did not like, by the
advice of my Witan, I threw aside. For I durst not venture to set down
in writing over many of my own, since I knew not what among them would
please those that should come after us. But those which I met with
either of the days of me, my kinsman, or of Offa, King of Mercia, or of
Æthelbert, who was the first of the English who received baptism--those
which appeared to me the justest--I have here collected, and abandoned
the others. Then I, Alfred, King of the West Saxons, showed these to all
my Witan, and they then said that they were all willing to observe
them."--_Laws of Alfred, translated by R. Price, prefixed to
Mackintosh's History of England_, _vol._ 1. _45 Lardner's Cab. Cyc._
"King Edward * * projected and begun what his grandson, King Edward the
Confessor, afterwards completed, viz., one uniform digest or body of
laws to be observed throughout the whole kingdom, _being probably no
more than a revival of King Alfred's code_, with some improvements
suggested by necessity and experience, particularly the incorporating
some of the British, or, rather, Mercian _customs_, and also _such of
the Danish_ (customs) as were reasonable and approved, into the _West
Saxon Lage_, which was still the ground-work of the whole. And this
appears to be the best supported and most plausible conjecture, (for
certainty is not to be expected,) of the rise and original of that
admirable system of maxims and unwritten customs which is now known by
the name of the _common law_, as extending its authority universally
over all the realm, and which is doubtless of Saxon parentage."--_4
Blackstone_, 412.
"By the _Lex Terræ_ and _Lex Regni_ is understood the laws of Edward the
Confessor, confirmed and enlarged as they were by William the Conqueror;
and this Constitution or Code of Laws is what even to this day are
called '_The Common Law of the Land_.'"--_Introduction to Gilbert's
History of the Common Pleas_, p. 22, _note_.]
[Footnote 41: Not the conqueror of the English people, (as the friends
of liberty maintain,) but only of Harold the usurper.--See _Hale's
History of the Common Law_, ch. 5.]
[Footnote 42: For all these codes see Wilkins' Laws of the Anglo-Saxons.
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