Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
[159] A British writer, giving an account of the Somerset case,
says of this maxim, that "it has found its way into use as a
classical expression, and, as no one has been able to find it in
any Latin author, it is supposed to have been of Lord Mansfield's
own coining." (Chambers's Edinburgh Journal, July 31, 1852, N. S.
Vol. XVIII. p. 71: _Slaves in Britain_.) This is a mistake. The
precise phrase will be found in Ward's "Simple Cobler of Aggawamm
in America," written in 1615, and first printed in 1647,--"It
is lesse to say, _Statuatur veritas, ruat Regnum_, than _Fiat
justitia, ruat Coelum_" (p. 14); but its origin, in substance,
if not in form, is earlier. There is little doubt that it does not
occur in any Latin author. Its Latinity is good, and might belong
to the classical period. The latter clause, _ruat coelum_, has
classical authority, as in the passage of Terence, showing that
it was a common saying in his time, "Quid si redeo ad illos _qui
aiunt_, Quid si nunc _coelum ruat_?" (Heauton., Act. IV. sc. 3.)
The idea is also Roman. On the European continent, and especially
in Germany, the maxim has another form, which is common,--_Fiat
justitia, pereat mundus_. Binder, in his _Novus Thesaurus Adagiorum
Latinorum_, (Stuttgart, 1861,) cites it in this form as _Regula
Juris_, explained as "a designation for the maxims, taken from the
_Corpus Juris_ and the works of the different ancient civilians,
which have become proverbial." In the same authority is the
hexameter verse, _Fiat justitia, pereat licet integer orbis_, from
Johannis Leibi _Studentica_ (Coburg, 1627). In England the maxim
was current in other forms. As early as February 26, 1624-5, in
a letter to the English ambassador at Holland, alluding to "the
business of Amboyne," we meet _Fiat justitia et ruat mundus_.
(Birch's Court and Times of James I., Vol. II. p. 500.) In a
speech in the House of Commons, December 22, 1640, against the
judges who pronounced in favor of ship-money, an orator says:
"If ever any nation might justifiably, we certainly may now, now
most properly, most seasonably, cry out, and cry aloud, _Vel
sacra regnet justitia vel ruat coelum_." And he concludes with
a motion, "That a special committee may be appointed to examine
the whole carriage of that extrajudicial judgment, ... and, upon
report thereof, to draw up a charge against the guilty; and then
_Lex currat, fiat justitia_. (Parl. Hist., 2d ed., London, 1763,
Vol. IX. p. 192.) In the answer of the Duke of Richmond (January
31, 1641-2) to the charge of the Commons, it is said: "_Magna est
veritas et prevalebit_. I wish it may do so in what concerns me.
_Regnet justitia et ruat coelum._" (Parl. Hist., Vol. X. p. 254.
Also, Howell's State Trials, Vol. IV. col. 116.) The first clause
Public-domain text, read in full here on John Shaqi.
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