huringians. We find a
division of social ranks which reminds us of the threefold gradation
of Lower Germany (edelings, frilings, lazzen-eorls, ceorls, laets),
and not of the twofold Frankish one (_ingenui Franci, Romani_), nor
of the minute differentiation of the Upper Germans and Lombards. In
subsequent history there is a good deal of resemblance between the
capitularies' legislation of Charlemagne and his successors on one
hand, the acts of Alfred, Edward the Elder, AEthelstan and Edgar on the
other, a resemblance called forth less by direct borrowing of
Frankish institutions than by the similarity of political problems
and condition. Frankish law becomes a powerful modifying element
in English legal history after the Conquest, when it was introduced
wholesale in royal and in feudal courts. The Scandinavian invasions
brought in many northern legal customs, especially in the districts
thickly populated with Danes. The Domesday survey of Lincolnshire,
Nottinghamshire, Yorkshire, Norfolk, &c., shows remarkable deviations
in local organization and justice (lagmen, sokes), and great
peculiarities as to status (socmen, freemen), while from laws and
a few charters we can perceive some influence on criminal law
(_nidings-vaerk_), special usages as to fines (_lahslit_), the keeping
of peace, attestation and sureties of acts (_faestermen_), &c. But, on
the whole, the introduction of Danish and Norse elements, apart from
local cases, was more important owing to the conflicts and compromises
it called forth and its social results,--than on account of any
distinct trail of Scandinavian views in English law. The Scandinavian
newcomers coalesced easily and quickly with the native population.
[v.02 p.0037]
The direct influence of Roman law was not great during the Saxon
period: we notice neither the transmission of important legal
doctrines, chiefly through the medium of Visigothic codes, nor the
continuous stream of Roman tradition in local usage. But indirectly
Roman law did exert a by no means insignificant influence through the
medium of the Church, which, for all its insular character, was still
permeated with Roman ideas and forms of culture. The Old English
"books" are derived in a roundabout way from Roman models, and the
tribal law of real property was deeply modified by the introduction of
individualistic notions as to ownership, donations, wills, rights of
women, &c. Yet in this respect also the Norman Conquest increas
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