Page:Catholic Encyclopedia, volume 9.djvu/114

 XJLWRXiroE 89 UWEENOE

ITua principle of personality permitted by the kinp t« admiralty, chancery, and ecclesiastical law there

of the Visigoths, Ostrogothe, and BuisunduuiB sufficed haa never been, nor could there well be, any disposi-

tokeepahvetheRomanlawin the West. Except as tion to withhold acknowledRment to Rome. The

to the municipalities, the Raman political system had practice is quite common of reierring to the chancellor

been destroyed. The concession of personal law to as the prffitor. This indebtedness, bo begrudgingly

Roman subjects and the influence of the clergy, who acknowledged by many early English jurists in a mie-

alwaya preferred to claim the civil law, waa atarrier taken sense of national pride, ia now frankly admitted

" hetweeaRomanciviliiationand barbarism" (Morey). by all who lay claim to a knowledge of both Civil and

In the miUtary tenures of feudalism, it has been Common law.

attempted to trace the idea of two distinct ownerships, A "^'^ uJ't^^Srt^ "' A^lSt^b^" " ""^^h^Mi"?

the dominium emineng and the d/>minium mitgare, to ^*^^ ^lon modern aulboritative civi[la™!°^™e wotka us

the Roman contract of emphyteusis. A collection of fouod on the ahetvcs of ■ gcxHl American milection givea h

feudal law kliown as the " Consuetudines Feudorum" idea of tbeweallhot this liWralun;:—

is contained aa a kind of appendix in most editions of socimo; Uoki; BbiH?^' Dkcns; Ci^t'^'CoLnnH^

the"Corpus". In the Amsterdam editionof 1681, is Cokb4t (Com); Cohnil: Cobta: Coduhoss: Cud:

the note after the second book: " Hie eat finis Feudo- M"""i 02?"^^^;°

rum in editione vulgata" (End of the feudal constitu- FBieonKTi Giuabu:' Gldck: GUtekbocb; HIhel' Hai^-

tions in the vulgate edition). The third book is miss- r/LxTaiitiaoui; Hbihbach:' HEuoa; Hdhter; fitiscHKi:;

imt; frajnnentsof the fourth are given, as well as parts J™"; Imma: JicaoBUH: JoBBfe-DnvAi.: Jom; Lmbl;

of a fifth book, reconstructed by Cujas, In feudaham mSSSStI Wo^uSTBBnck; 1^™.^:^™!!;.; P^u^

the institutions of Roman law and Gcrmamc customs hobb; Posts; Ptchta; Robt; Sindabs; Saviqnt; Schbdrl;

became merged; the impress of the former upon the a™iaDT; ScaDwisaiSTABDTiiR; Voiot; WACBTiiK;Wii.rEa;

ETwia St impiy oS, o£ tenrnnoloBy; with the ^S!S. "'"""'■ "'"""""i """"■■■■ "—"■

terminology was much of interpretation and illumi' The wriwr of this utide ukuowledgss special iadebtedueat

natmg piScipie. It would be raah to assert that injtspreparati™ w toAEorijctt Coi^. J*i}«i(^«D«^^^

feudJisSi ow^ more to Roman public law than to ^^i^'™' ^^^- ""**" ^^ '^ ™ '^'™ ^^ ^'^■

theories and analogies drawn from the private law of Beinbcciub, Bltmmia Jvru Civilii [OflttiDgsn, 1787);

Rome. Charlemagne favoured the eivil-law ideas MuniJWBBnCT. Dadnra Pnnd«cto™n (H»llo. IMB): 8oa«,

which savoured of imperialism, and adopted Roman ^it^^Jt^ll'^tX^fiS^Cu^^t ul^ 3^™

methods of adnuuistration. The German emperors i.aii: (Lomlon. 1SU3); Howe. ,;iiidi« in lAiCinl Laic (Boston,

also found in Roman legal institutions a plausible is^aj' I)"}-'- ISi- "Z"^- tP^'^w'S??';, '"IS.^^S"'

support for their claim tTthehnperial power. The ?^MH™l*n?SJ V^" t^«. t'?^^ii= "l^3S

predominant influence in the survival of Roman pn- isiMt): Ahob. H<tf. and rrtncipiesa/Aom. law (London. 1SB3).

vate law in alt the countries of central and southern IipportRoi tai-sjniilo reprnductioM of qriginiU i,-iu are the

Europe was that of the clergy. In all national codes fg^^^RSj;^, 3"of'ths M^^f G««l iZ^tZ (lJ^I^

there is present a large quantity of customary law; isos). Among the approved tEita srs the following^ (olPre-

yet, in concept and in claaaification, all of the eivU JuBUniao: Gaius. tr. bj. Meaw (Londoo. I8B3). by P<«t»

^« are Ro^ though and through, and this ia as f^'^]^fl-£t^.t^^\^^'-^^l}^f^'f^

true of the German civil code (and, in part, of the Romarti Jnl<7UiIinVann (Fam. 1839); Corpui Jvrii AMcjut-

Japanese code) as of thoae other national codes which "."'«?*', (•*"?"■ '^'': /'!""" i?™ jS™?"! ./."'»!»,( H't

tn^their immediale parentage to the Code Napoleon '^«- ^^^^J^^^'^^^f^ JtJ'^IX d^th

and their remote ancestry to the Twelve Tables. (wo vola, in English . by Prof.'mohrd, of Cunbndse. have

England, from a purely external point of view, is appeiirod (bis un^moly death leaves (he complL'tion to an.

less indebted to the Roman system, but the jurist gpSh: C^Mjt-i".^of\hi" rV''"?" .^^

trained in both systems is at no paina to (hscower ia the Gennsn ed. (Beriin. ioo4-o8) (/ ' .it,

analogies and runa upon evidence of the common Dw«(byHo»«BKH.C«(.byKK(jjoER . m ..

law'slndebtcdness at every step. Anglo-Saxon legal 5',"^iS",?|ro^™f^^,?th« l™d'X of '^o^rAv^E b^™S

institutions have been jealously and persiatentiyrepre- du«d a9imil(ii'eTi(ii>a] (ext the Bnt pan uf nhith appearvd in

sented as in no wise beholden to Rome. This is to be \'""^-„ <•'' lli'pi'n Ji.yimn„i, itjite: Edicium Tluotodia. ot

accounted for in part by a peculiarity in the mamier ot ^ «^?^ B^'^fiS'^^u^^n^^T^ isiiTl^^-

administration of the common law. With its narrow mami Wirioailiorum, or Brmaru of Alaric hu been edited by

tradition and its abject rule of stare decisU, it haa HSmel (L«piig, 1MB) and, more rocratly in Spjun, <rf) Bv-

offered until recently at leas^an unattractive field S!^™ a.*^^ R:t^i!:^ilIv^!"if^^^^J^

for histoncai jurisprudence. The courls and lawyers Uanvale flonWeonim (Ldpiig, 1819).

of the common law have always been intensely practi- Joseph I. Kellt. cal and have accepted their system, not only as purely

indi^enouB, but also, in the words of the Blackatonian Iiawiance, Saint, martyr; d, 10 August, 258. St.

tiadition, as "the perfection of reason". For four Lawrence, one of the deacons of the Roman Church,

centuries after Casar's conquest Roman law held sway was one of the victims of the persecution of Valerian

in Britain; her soil was trodden by the great Fapinian in 258, like Pope Sixtus II and many other members

himself, and poasibly by others of the immortal five of the Roman clergy. At the beginning of the month

gSxavy). There ipust indeed have remained in of August, 258, the emperor issued an edict, com-

ritain a substantial deposit of Roman law, and it ia manding that all bishops, priests, and deacons should

not to be affirmed that this was completely destroyed immediately be put to death ("episeopi et presbs^ri

by aubaequent invBsionB or by the conquest. The et diacones incontinenti animadvertantur" — Cyp- ,

earliest Ejulish treatises are for the most part trans- rian, Epiat. Ixxx, 1; ed. Hartel, 11, 839). This un-

criptionsofRomanlaw: such was the book of Bracton perial command was immediately carried out in Rome.

(GQterboch). The Roman law was historically in the On 6 August Pope Sixtus II was apprehended in

earlyEnglishlawof persons, ot property, of contracts, one of the catacombs, and executed forthwith ("Xis-

and of procedure, although not always with equal turn in cimiterio animadversum aciatia VIII id. Au*

obviouaness. While it had little in common with the gusti et cum eo diacones quattuor." Cyprian, ep.

taw of real property, we are fairly justified m main- Ixxx, 1; ed. cit., 840), Two other deacons, Felieis-

ttuning that Roman law has always continued a sub- aimusandAgapitus, were putto death the aamcday. In

■tantial ingredient in English law, from the Rornan theRomanCaleniJaroffeastsofthcfourthcenturytheir

occupation down to the time when we can cite specific feast day ia on the same date (cf. also " l.iljer Pontifi-

deeiBiODS in which Roman law principles were en- calls", Xy3lu!<Il,ed. Duchesne, I, Ifl.'i)- Fourdavslaler,

paftod m the chancery law of England. ]n respect on the lOth of August of that same year, Lawrence,