Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/33

§. 1. antient collection of unwritten maxims and cutoms, which is called the common law, however compounded or from whatever fountains derived, had ubited immemorially in this kingdom; and, though omewhat altered and impaired by the violence of the times, had in great meaure weathered the rude hock of the Norman conquet. This had endeared it to the people in general, as well becaue it’s deciions were univerally known, as becaue it was found to be excellently adapted to the genius of the Englih nation. In the knowlege of this law conited great part of the learning of thoe dark ages; it was then taught, ays Mr Selden, in the monateries, in the univerities, and in the families of the principal nobility. The clergy in particular, as they then engroed almot every other branch of learning, o (like their predeceors the Britih druids ) they were peculiarly remarkable for their proficiency in the tudy of the law. undefined, is the character given of them oon after the conquet by William of Malmbury. The judges therefore were uually created out of the acred order, as was likewie the cae among the Normans ; and all the inferior offices were upplied by the lower clergy, which has occaioned their ucceors to be denominated clerks to this day.

the common law of England, being not committed to writing, but only handed down by tradition, ue, and experience, was not o heartily relihed by the foreign clergy; who came over hither in hoals during the reign of the conqueror and his two ons, and were utter trangers to our contitution as well as our language. And an accident, which oon after happened, had nearly completed it’s ruin. A copy of Jutinian’s pandects, being newly dicovered at Amalfi, oon brought the civil law into Rh