Beacon Lights of History, Volume 03: Ancient Achievements

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John Lord. Beacon Lights of History, Volume 03: Ancient Achievements

GOVERNMENTS AND LAWS

AUTHORITIES

THE FINE ARTS

AUTHORITIES

ANCIENT SCIENTIFIC KNOWLEDGE

AUTHORITIES

MATERIAL LIFE OF THE ANCIENTS

AUTHORITIES

THE MILITARY ART

AUTHORITIES

CICERO

AUTHORITIES

CLEOPATRA

AUTHORITIES

PAGAN SOCIETY

AUTHORITIES

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There is not much in ancient governments and laws to interest us, except such as were in harmony with natural justice, and were designed for the welfare of all classes in the State. A jurisprudence founded on the edicts of absolute kings, or on the regulations of a priestly caste, is necessarily partial, and may be unenlightened. But those laws which are gradually enacted for the interests of the whole body of the people,–for the rich and poor, the powerful and feeble alike,–have generally been the result of great and diverse experiences, running through centuries, the work of wise men under constitutional forms of government. The jurisprudence of nations based on equity is a growth or development according to public wants and necessities, especially in countries having popular liberty and rights, as in England and the United States.

We do not find in the history of ancient nations such a jurisprudence, except in the free States of Greece and among the Romans, who had a natural genius or aptitude for government, and where the people had a powerful influence in legislation, until even the name of liberty was not invoked.

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With the rise of the Italian cities, the study of Roman law revived, and Bologna became the seat from which it spread over Europe. In the sixteenth century the science of theoretical law passed from Italy to France, under the auspices of Francis I., when Cujas, or Cujacius, became the great ornament of the school of Bourges and the greatest commentator on Roman law until Dumoulin appeared. Grotius, in Holland, excited the same interest in civil law that Dumoulin did in France, followed by eminent professors in Leyden and the German universities. It was reserved for Pothier, in the middle of the eighteenth century, to reduce the Roman law to systematic order,–one of the most gigantic tasks that ever taxed the industry of man. The recent discoveries, especially that made by Niebuhr of the long-lost work of Gaius, have given a great impulse to the study of Roman law in Germany; and to this impulse no one has contributed so greatly as Savigny of Berlin.

The great importance of the subject demands a more minute notice of the principles of the Roman law than the limits of this work properly allow. I shall therefore endeavor to abridge what has been written by eminent authorities, taking as a basis the late work of Lord Mackenzie and the learned and interesting essay of Professor Maine.

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