Rome had spent herself in building up the external, visible framework
on which European civilization was to hang; and this fact, observable
in the word-relics of her military and political exploits, is
observable still more intimately in the character and history of that
great institution, our common law. Dignified vocables like _justice_,
_jurisdiction_, _jurisprudence_, speak for themselves the lasting
influence of the great Roman conception of ‘jus’—that abstract ideal
of the relation between one free human being and another in so far as
it is expressed in their actions. It is not that in any sense we took
over the Roman system; lawyers as well as poets are keen to insist
that we built up our own. But as freedom slowly broadened down from
precedent to precedent, there was always before the early English
kings and judges a sort of pattern—more than that, a vital principle
which had outlived one body and was waiting to be clothed with
another. It was the spirit of Roman law living on in her language.
A whole chapter might be written on the numerous English words whose
meanings can be traced back to the usages of Roman law. Take, for
instance, the word _person_. Derived, probably, from an Etruscan
word meaning an actor’s mask, _person_ was used by the Roman
legislators to describe a man’s personal rights and duties, which
were defined according to his position in life. Its present meaning
of an individual human being is largely due to the theologians who
hit upon it when they were looking for some term that would enable
them to assert the trinity of Godhead without admitting more than one
“substance”. When we remember for how long a time Latin continued
to be the universal written language of educated Europe,[14] the
language of history and philosophy as well as of theology, we can
imagine how the subtle flavour of this word’s former meaning clung
to its syllables through all their ecclesiastical soarings and was
ready, as soon as it came to English earth, to assist the brains
of our early lawyers in their task of imagining and thus creating
that fortunate legal abstraction, the British subject. ‘Obligatio’
in early Latin meant merely the physical binding of someone to
something; but in the Roman law of that date a defaulting debtor
was literally bound and delivered a prisoner into the hands of his
creditor. Thus, when a little later on this crude practice was
abandoned, ‘obligatio’ came to mean the duty to pay—a duty which the
creditor could now only enforce against his debtor’s property; and in
this way the general meaning of our word _obligation_ was developed.
Similarly, retaliation came to us from the Latin ‘Lex Talionis’,
the latter word being associated with ‘talis’ (such or same)
and implying a punishment that fits the crime; while _advocate_,
_capital_,[15] _chattel_,[15] _classical_, _contract_, _emancipate_,
_formula_, _heir_, _peculiar_, _prejudice_, _private_, _property_,
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