Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THE Roman pandects will furnish us with a piece of history not
unapplicable to our present purpose. Servius Sulpicius, a gentleman of
the patrician order, and a celebrated orator, had occasion to take the
opinion of Quintus Mutius Scaevola, the oracle of the Roman law; but
for want of some knowlege in that science, could not so much as
understand even the technical terms, which his friend was obliged to
make use of. Upon which Mutius Scaevola could not forbear to upbraid
him with this memorable reproof[g], "that it was a shame for a
patrician, a nobleman, and an orator of causes, to be ignorant of that
law in which he was so peculiarly concerned." This reproach made so
deep an impression on Sulpicius, that he immediately applied himself
to the study of the law; wherein he arrived to that proficiency, that
he left behind him about a hundred and fourscore volumes of his own
compiling upon the subject; and became, in the opinion of Cicero[h], a
much more complete lawyer than even Mutius Scaevola himself.
[Footnote g: _Ff._ 1. 2. 2. Sec. 43. _Turpe esse patricio, & nobili, &
causas oranti, jus in quo versaretur ignorare._]
[Footnote h: _Brut._ 41.]
I WOULD not be thought to recommend to our English nobility and gentry
to become as great lawyers as Sulpicius; though he, together with this
character, sustained likewise that of an excellent orator, a firm
patriot, and a wise indefatigable senator; but the inference which
arises from the story is this, that ignorance of the laws of the land
hath ever been esteemed dishonourable, in those who are entrusted by
their country to maintain, to administer, and to amend them.
BUT surely there is little occasion to enforce this argument any
farther to persons of rank and distinction, if we of this place may be
allowed to form a general judgment from those who are under our
inspection: happy, that while we lay down the rule, we can also
produce the example. You will therefore permit your professor to
indulge both a public and private satisfaction, by bearing this open
testimony; that in the infancy of these studies among us, they were
favoured with the most diligent attendance, and pursued with the most
unwearied application, by those of the noblest birth and most ample
patrimony: some of whom are still the ornaments of this seat of
learning; and others at a greater distance continue doing honour to
it's institutions, by comparing our polity and laws with those of
other kingdoms abroad, or exerting their senatorial abilities in the
councils of the nation at home.
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