"For we know that the common law is that
system of law which was introduced by the Saxons on their settlement in England,
and altered from time to time by proper legislative authority from that time to
the date of Magna Charta, which terminates the period of the common law. . .
This settlement took place about the middle of the fifth century. But
Christianity was not introduced till the seventh century; the conversion of the
first Christian king of the Heptarchy having taken place about the year 598, and
that of the last about 686. Here then, was a space of two hundred years, during
which the common law was in existence, and Christianity no part of it."
".
. . if any one chooses to build a doctrine on any law of that period, supposed
to have been lost, it is incumbent on him to prove it to have existed, and what
were its contents. These were so far alterations of the common law, and became
themselves a part of it. But none of these adopt Christianity as a part of the
common law. If, therefore, from the settlement of the Saxons to the introduction
of Christianity among them, that system of religion could not be a part of the
common law, because they were not yet Christians, and if, having their laws from
that period to the close of the common law, we are all able to find among them
no such act of adoption, we may safely affirm (though contradicted by all the
judges and writers on earth) that Christianity neither is, nor ever was a part
of the common law." - Thomas Jefferson