Learned writers have indulged in much speculation respecting the origin of the common law of England, though Sir Matthew Hale says it is "as undiscover able ar. Ie head of the Nile." It seems, however, to be well ascertained that the customs which in ancient times were in corporated with it were of compound origin, and introduced at various times in consequence of the political vicissi tudes of the country ; some being Saxon, others Danish, and others Norman. It is also evident, from the adoption of the Roman terms of art and many Roman provisions, that many of the rules and maxims of the common law were derived from the civil law. Bracton's work con tains many passages which are taken di rectly from the ' Digest' and the Institu tions' of Justinian. Again, many parts of the common law have gradually arisen from the necessary modification of its an cient doctrines and principles, in order to render them applicable to new states of society, produced by enlarged commerce and advancing civilization. From this cause some branches of our system of ju risprudence have wholly sprung into ex istence in modern times. Thus almost the whole of the law of evidence, now perhaps the most important part of our practical jurisprudence, has appeared as part of the common law since the time of the Commonwealth. But perhaps the most remarkable instance of the total change in common-law institutions with the progressive improvement of society is the trial by jury, which may be traced through all its gradations, from a rude kind of trial, in which the jury were merely witnesses called from the neigh bourhood, in order that they might de clare the truth to the judge, to the present system, where the jury themselves decide upon the truth of facts by the testimony of witnesses examined before them. On
the other hand, many rules and provi sions of the common law have wholly disappeared, having either become obso lete from disuse, or been gradually de clared inoperative by decisions of the judges as they became inapplicable to the altered state of society. So great has been the alteration of the common law which these accessions and abstractions have occasioned, that it can scarcely be termed with propriety the same body of law that it was six hundred years ago, unless it be upon the principle upon which Sir M. Hale maintains its identity • that the changes have been only partial ynd successive, whilst the general system has been always the same, "as the Argonauts' ship was the same when it returned home as it was when it went out, though in that long voyage it had successive amend ments, and scarce came back with any of its former materials.' (Hale, History of the Common Law ; Blackstone, Commentaries, vol. i. p. 63; Reeve, History of English Law, vol. i.; and Hallam Middle Ages, vol. ii., Ou the Origin of the Common Luw.')