For a commentary, see Zöpfl, _Geschichte der deutschen Rechtsinstitute_, p. 94. See also Allen, Royal Prerogative, 12, 162. (24) See Norman Conquest, i. 95. The primitive Constitution lasted longest at the other end of the Empire, in Friesland. See Eichhorn, _Deutsche Staats-und Rechtsgeschichte_, ii. 265, iii. 158. Zöpfl, _Geschichte der deutschen Rechtsquellen_, p. 154. (25) Τὰ ἀρχαῖα ἤθη κρατείτω is an ecclesiastical maxim; rightly understood, it is just as true in politics. (26) See my papers on “the Origin of the English Nation” and “the Alleged Permanence of Roman Civilization in England” in Macmillan’s Magazine, 1870. (27) See Schmid, _Gesetze der Angel-Sachsen_, on the words “_wealh_” and “_wylne_.” Earle, Philology of the English Tongue, 318. On the fact that the English settlers brought their women with them, see Historical Essays, p. 36. (28) On _Eorlas_ and _Ceorlas_ I have said something in the History of the Norman Conquest, i. 80. See the two words in Schmid, and the references there given. (29) On the Barons of Attinghausen, see Blumer, _Staats- und Rechtsgeschichte der schweizerischen Demokratien_, i. 122, 214, 272. (30) I cannot at this moment lay my hand on my authority for this curious, and probably mythical, custom, but it is equally good as an illustration any way. (31) This custom is described by Diodôros, i. 70. The priest first recounted the good deeds of the King and attributed to him all possible virtues; then he invoked a curse for whatever has been done wrongfully, absolving the King from all blame and praying that the vengeance might fall on his ministers who had suggested evil things (τὸ τελευταῖον ὑπὲρ τῶν ἀγνοουμένων ἀρὰν ἐποιεῖτο, τὸν μὲν βασιλέα τῶν ἐγκλημάτων ἐξαιρούμενος, εἰς δὲ τοὺς ὑπηρετοῦντας καὶ διδάξαντας τὰ φαῦλα καὶ τὴν βλαβὴν καὶ τὴν τιμωρίαν ἀξιῶν ἀποσκῆψαι). He wound up with some moral and religious advice. (32) Tacitus (Germ. 25) distinguishes “eæ gentes quæ regnantur” from others. And in 43 he speaks of “erga Reges obsequium” as characteristic of some particular tribes: see Norman Conquest, i. 579. (33) On the use of the words _Ealdorman_ and _Heretoga_, see Norman Conquest, i. 581, and the references there given. (34) See Norman Conquest, i. 583, and the passages in Kemble and Allen there referred to. (35) See Kemble’s Saxons in England, i. 152, and Massmann’s Ulfilas, 744. (36) See the words _driht_, _drihten_ in Bosworth’s Anglo-Saxon Dictionary. (37) To say nothing of other objections to this derivation, its author must have fancied that _ing_ and not _end_ was the ending of the Old-English participle. The mistake is as old as Sir Thomas Smith. See his Commonwealth of England, p. 12.