An encyclopedist of the dark ages: Isidore of SevilleBrehaut, Ernest
History
An encyclopedist of the dark ages: Isidore of Seville
Brehaut, Ernest
Isidore, of Seville, Saint, -636; Thesis (Ph. D.)
3. Numa Pompilius, who succeeded Romulus in the kingdom, was the
first to give laws to the Romans. Later, when the people could not
endure their quarrelsome magistrates they appointed decemvirs to
write the laws, and they translated the laws from the books of Solon
into the Latin language, and set them up on twelve tables.
4. These men were A. Claudius, T. Genutius, P. Sextius, Spur.
Viturius, C. Julius, A. Manlius, Ser. Sulpitius, P. Curiatius, T.
Romilius, Sp. Postumius. These were the decemvirs chosen to write the
laws.
5. The consul Pompeius was the first who wished to arrange the laws
systematically, but he did not persevere, through fear of detractors.
Then Caesar began to do it, but he was slain.
6. By degrees the old laws became obsolete through time and neglect;
but a mention of them seems necessary although they are not in use
now.
7. The new laws began with the emperor Constantine and the rest who
followed him, but they were confused and in disorder. Later, in
imitation of Gregorianus and Hermogenianus, the younger Theodosius
arranged a code of constitutions from the time of Constantine, under
the title of each emperor, which he called Theodosian from his own
name.
Chapter 2. On laws human and divine.
1. All laws are either divine or human. Divine laws depend on nature,
human laws on customs; and so the latter differ, since different laws
please different peoples. Divine law is _fas_; human law is _jus_. To
pass through another’s property is of divine but not of human law.
Chapter 3. On the difference between _jus_, _leges_, _mores_.
1. _Jus_ is the general term and _lex_ is a kind of _jus_. _Jus_ is
so-called because it is just (_justum_). All _jus_ is made up of laws
and customs.
2. _Lex_ is the written ordinance. _Mos_ is custom approved by its
antiquity, or unwritten _lex_. For _lex_ is derived from _legere_ (to
read), because it is written.
3. _Mos_ is old custom and is drawn merely from _mores_. _Consuetudo_
(custom) is a sort of _jus_ established by _mores_, which is taken
instead of _lex_ when _lex_ fails. And it makes no difference whether
it depends on writing or reason, since reason commends written law
also.
4. Moreover if _lex_ is in accordance with reason, all that is in
accordance with reason will be _lex_, as far as it agrees with
religion, is in harmony with knowledge, and is beneficial for
salvation. And _consuetudo_ is so-called because it is in common use.
Chapter 4. On _jus naturale_.
1. _Jus_ is either natural, or civil, or universal (_jus gentium_).
_Jus naturale_ is what is common to all peoples, and what is observed
everywhere by the instinct of nature rather than by any ordinance, as
the marriage of man and woman, the begetting and rearing of children,
the common possession of all,[295] the one freedom of all, the
acquisition of those things that are taken in the air or sea or on
the land.
[295] _Communis omnium possessio._
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