From these corruptions the
Romans were protected by their code. It was compiled while the usage
was still wholesome, and a hundred years afterwards it might have been
too late. The Hindoo law has been to a great extent embodied in
writing, but, ancient as in one sense are the compendia which still
exist in Sanskrit, they contain ample evidence that they were drawn up
after the mischief had been done. We are not of course entitled to say
that if the Twelve Tables had not been published the Romans would have
been condemned to a civilisation as feeble and perverted as that of
the Hindoos, but thus much at least is certain, that _with_ their code
they were exempt from the very chance of so unhappy a destiny.
CHAPTER II
LEGAL FICTIONS
When primitive law has once been embodied in a Code, there is an end
to what may be called its spontaneous development. Henceforward the
changes effected in it, if effected at all, are effected deliberately
and from without. It is impossible to suppose that the customs of any
race or tribe remained unaltered during the whole of the long--in some
instances the immense--interval between their declaration by a
patriarchal monarch and their publication in writing. It would be
unsafe too to affirm that no part of the alteration was effected
deliberately. But from the little we know of the progress of law
during this period, we are justified in assuming that set purpose had
the very smallest share in producing change. Such innovations on the
earliest usages as disclose themselves appear to have been dictated by
feelings and modes of thought which, under our present mental
conditions, we are unable to comprehend. A new era begins, however,
with the Codes. Wherever, after this epoch, we trace the course of
legal modification we are able to attribute it to the conscious desire
of improvement, or at all events of compassing objects other than
those which were aimed at in the primitive times.
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