In the world's history, lawgivers are among the greatest and most
godlike characters. They are reformers of nations. They are builders
of human society. They are fit companions of the master poets who fill
it with their melody. Man will never forget Homer, Virgil, Dante,
Shakespeare, Milton, Goethe,--nor those other names of creative force,
Minos, Solon, Lycurgus, Numa, Justinian, St. Louis, Napoleon the
legislator. Each is too closely linked with human progress not to be
always remembered.
In their train follow the company of jurists, whose labors have the
value without the form of legislation, and whose recorded opinions,
uttered from the chair of a professor, the bench of a judge, or, it may
be, from the seclusion of private life, continue to rule the nations.
Here are Papinian, Tribonian, Paulus, Gaius, ancient, time-honored
masters of the Roman Law,--Cujas, its most illustrious expounder in
modern times, of whom D'Aguesseau said, "Cujas has spoken the language
of the law better than any modern, and perhaps as well as any ancient,"
and whose renown during life, in the golden age of jurisprudence,
was such that in the public schools of Germany, when his name was
mentioned, all took off their hats,--Dumoulin, kinsman of our English
Queen Elizabeth, and most illustrious expounder of municipal law, one
of whose books was said to have accomplished what thirty thousand
soldiers of his monarch failed to do,--Hugo Grotius, filled with all
knowledge and loving all truth, author of that marvellous work, at
times divine, at other times, alas! too much of this earth, the "Laws
of War and Peace,"--John Selden, who against Grotius vindicated for
his country the dominion of the sea, supped with Ben Jonson at the
Mermaid, and became, according to contemporary judgment, the great
dictator of learning to the English nation,--D'Aguesseau, who brought
scholarship to jurisprudence throughout a long life elevated by justice
and refined by all that character and study could bestow, awakening
admiration even at the outset, so that a retiring magistrate declared
that he should be glad to end as the young man began,--Pothier, whose
professor's chair was kissed in reverence by pilgrims from afar, while
from his recluse life he sent forth those treatises which enter so
largely into the invaluable codes of France,--Coke, the indefatigable,
pedantic, but truly learned author and judge, Mansfield, the Chrysostom
of the bench, and Blackstone, the elegant commentator, who are among
the few exemplars within the boast of the English Common Law,--and,
descending to our own day, Pardessus, of France, to whom commercial
and maritime law is under a larger debt, perhaps, than to any single
mind,--Thibaut, of Germany, earnest and successful advocate of a just
scheme for the reduction of the unwritten law to the certainty of a
written text,--Savigny, also of Germany, renowned illustrator of the
Roman Law, who is yet spared to his favorite science,--and in our own
Public-domain text, read in full here on John Shaqi.
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