Blackwood's Edinburgh Magazine, Vol. 63, No. 390, April, 1848Various
History
Blackwood's Edinburgh Magazine, Vol. 63, No. 390, April, 1848
Various
England -- Periodicals; Scotland -- Periodicals
The Law of England forms the most remarkable characteristic of the
country. The Law is the spirit of the national liberty, the guardian of
the national religion, and the foundation of the national government.
Britain has the proud distinction of being almost the only country on
earth, where no act of arbitrary power can be suffered—where no man’s
person, property, or conscience, can be subjected to insult with
impunity—and where every man has _rights_, and all are alike under the
safeguard of Law.
We propose to give a rapid sketch of the history of this great principle
in England.
It is singular that the most intellectual nation of the ancient
world—Greece—has not left us any system of law. Cicero speaks with
professional scorn of all jurisprudence except the Roman. He would not
have spoken thus of the Mosaic law, if he had known it. But one of the
most extraordinary circumstances of the Hebrew commonwealth, is the
general ignorance of its incomparable institutions, which prevailed
among the most active inquirers of the northern world. But law existed
from the earliest periods in Greece, though its name was often and
curiously changed. In the time of Homer, the name of law was _Themis_,
or establishment. In the time of Hesiod, the name was _Nomos_, or
distribution. In after times, it was _Dikè_, or justice. The cause of
the Greek want of system was said to be the _number_ of judges in their
courts, which rendered the decision rather matter of popular sentiment
than of fixed rule.
The systematic nature of the Roman law arose from there being in general
but _one_ judge in each court. The two prætors—the one for the city, and
the other for the external jurisdiction—were annually appointed, and
were accustomed, on entering on their offices, to state the rules on
which they intended to act. Those rules became gradually embodied, and
finally formed the groundwork of the Roman law.
In the language of Rome, Law was _Lex_, from _Lego_, as the proposal of
the rule was _read_ by the magistrate to the assembly of the people. The
Anglo-Saxon name was Laga, from _Legen_, to lay down—from which comes
our word Law.
Law in England ascends as high as the time of the Druids, who, however,
had no written code. But they seem to have left us the custom of
Gavelkind—the division of the property of an intestate between the widow
and the children, and the burning of a widow found guilty of her
husband’s murder.
The Roman, Pictish, and Saxon invasions, with the Heptarchy, filled the
country with a general confusion of laws, until the time of Alfred. This
great king and man of genius undertook to remodel the whole constitution
of the West-Saxon monarchy—a design, for whose execution he has been
praised by all the philosophic lawyers, as exhibiting the highest
sagacity.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account