Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
BUT the irruption and establishment of the Danes in England which
followed soon after, introduced new customs and caused this code of
Alfred in many provinces to fall into disuse; or at least to be mixed
and debased with other laws of a coarser alloy. So that about the
beginning of the eleventh century there were three principal systems
of laws prevailing in different districts. 1. The _Mercen-Lage_, or
Mercian laws, which were observed in many of the midland counties, and
those bordering on the principality of Wales; the retreat of the
antient Britons; and therefore very probably intermixed with the
British or Druidical customs. 2. The _West-Saxon-Lage_, or laws of the
west Saxons, which obtained in the counties to the south and west of
the island, from Kent to Devonshire. These were probably much the same
with the laws of Alfred abovementioned, being the municipal law of the
far most considerable part of his dominions, and particularly
including Berkshire, the seat of his peculiar residence. 3. The
_Dane-Lage_, or Danish law, the very name of which speaks it's
original and composition. This was principally maintained in the rest
of the midland counties, and also on the eastern coast, the seat of
that piratical people. As for the very northern provinces, they were
at that time under a distinct government[f].
[Footnote f: Hal. Hist. 55.]
OUT of these three laws, Roger Hoveden[g] and Ranulphus Cestrensis[h]
inform us, king Edward the confessor extracted one uniform law or
digest of laws, to be observed throughout the whole kingdom; though
Hoveden and the author of an old manuscript chronicle[i] assure us
likewise, that this work was projected and begun by his grandfather
king Edgar. And indeed a general digest of the same nature has been
constantly found expedient, and therefore put in practice by other
great nations, formed from an assemblage of little provinces, governed
by peculiar customs. As in Portugal, under king Edward, about the
beginning of the fifteenth century[k]. In Spain under Alonzo X, who
about the year 1250 executed the plan of his father St. Ferdinand, and
collected all the provincial customs into one uniform law, in the
celebrated code entitled _las partidas_[l]. And in Sweden about the
same aera, a universal body of common law was compiled out of the
particular customs established by the laghman of every province, and
intitled the _land's lagh_, being analogous to the _common law_ of
England[m].
[Footnote g: _in Hen. II._]
[Footnote h: _in Edw. Confessor._]
[Footnote i: _in Seld. ad Eadmer._ 6.]
[Footnote k: Mod. Un. Hist. xxii. 135.]
[Footnote l: Ibid. xx. 211.]
[Footnote m: Ibid. xxxiii. 21, 58.]
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