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Charlemagne was no insignificant legislator. His Capitularies may not be equal to the laws of Justinian in natural justice, but were adapted to his times and circumstances. He collected the scattered codes, so far as laws were codified, of the various Germanic nations, and modified them. He introduced a great Christian element into his jurisprudence. He made use of the canons of the Church.
Never have authors attained a fame and a circulation equal to that of the great grammarians who, during the decline of the Empire, codified the rules of Latin speech; generation after generation passed, and down almost to our own days every schoolboy began his career on the lines laid down in the works of Donatus and Priscian.
They naturally exaggerated in some respects the completeness of the triumph. The English law has not yet been codified, and it was characteristic of the Benthamite school to exaggerate the facility of that process. In their hatred of 'judge-made law' they assumed too easily that all things would be arranged into convenient pigeon-holes as soon as 'Judge and Co. were abolished.
Daniel was a good fellow, honourable, brilliant; a figure in the world. But what of his licentious tongue? What of his frequenting of bars? But he had been wrong, after all! God is not mocked! And Samuel was aware of a revulsion in himself towards that strict codified godliness from which, in thought, he had perhaps been slipping away.
A confused litter of curled sheets of papyrus, and long strips of unrolled linen scrolls were distributed carelessly over the polished surface. At one side were eight plates of stone the tables of law, codified and blessed by Toth. The governor of police was absent, but his vice, who was jailer and scribe in one, sat in a chair behind the great table.
The Roman law, the law of citizens, had been codified two centuries earlier, and its outline had been hardened by the practice of two centuries. The forms for a transfer of property, for instance, were rigid and solemn; the foreigner would hardly know them, and if he did, his alien hand could not effectively do the prescribed acts nor his alien mouth speak the almost sacred words.
The earliest Roman laws were the "Leges Regiae," which were collected and codified by Sextus Papirius, and were hence called the Papirian code; but these were rude and unconnected simply a collection of isolated enactments. They exhibited the first attempt at regular system, and embodied not only legislative enactments, but legal principles.
The feature of Judaism which first attracts an outsider's attention, and which claims a front place in this survey, is its 'Nomism' or 'Legalism. Life was placed under the control of Law. Not only morality, but religion also, was codified. Only the latest development of Judaism is away from this direction. Individualism is nowadays replacing the olden solidarity.
Captain Hamelin and Lieutenant Henri de Freycinet afterwards saw active service with the Navy, but the staff knew more about flowers, beetles, butterflies, and rocks than about fortifications and colonisation. In recent years research has concentrated powerful rays of light on the intricacies of Napoleonic policy. Archives have been thrown open, ransacked, catalogued and codified.
It is as clear as daylight, but the rascally pettifogger is there with a long-prepared speech, he holds in his hand a small volume of the codified law, and quotes paragraphs which no amount of human ingenuity can make to bear upon the subject.