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Meanwhile he is not without some good professional omens. He feels that he will have to 'restrict his circuiteering, and not to go to most of the towns without special retainers. Good work is coming to him in London, though not so frequently as might be wished. The codifying, in fact, took up much of his time.
His good fortune in obtaining the services of able generals was not greater than that which attended him in the field of law and legislation. Brilliant as were the triumphs of Narses and Belisarius, they were indeed short-lived in comparison with the work done by the celebrated Tribonian and his coadjutors in the way of reforming and codifying the law.
"By a strange parallelism," says Putnam, "almost in the very year in which the great Emperor Justinian was codifying the results of seven centuries of Roman secular legislation for the benefit of the judges and the statesmen of the new Europe, Benedict, on his lonely mountain-top, was composing his code for the regulation of the daily life of the great civilizers of Europe for seven centuries to come."
Cornell's committee and my own, and as a result no meeting to consider the bill was held during that session. Gradually I accumulated a reasonable knowledge of the educational interests intrusted to us, but ere long there came in from the superintendent of public instruction; Mr. Victor Rice, a plan for codifying the educational laws of the State. This necessitated a world of labor on my part.
In 1882, to finish the story, the part relating to procedure was announced as a Government measure in the Queen's speech. That, however, was its last sign of life. The measure vanished in the general vortex which swallows up such things, and with it vanished any hopes which Fitzjames might still entertain of actually codifying a part of English law.
They are not to traverse the streets in jewels or beautiful robes, but are to cover themselves closely with a long sober garment. Whereas his former sura regarding women had been confined to codifying and rendering fairer divorce and property laws, now the personal note sounds strongly, and continues throughout the whole of his later pronouncements, regarding Muslim women.
In crystallizing and codifying this contradiction, the Church not only solidified its own power over men but reduced women to the most abject and prostrate slavery. It was essentially a morality that would not "work." The sex instinct in the human race is too strong to be bound by the dictates of any church.
In the introduction to the 'Digest of the Criminal Law' he refers to the rejection of his 'Homicide Bill. The objections then assigned were equivalent to a challenge to show the possibility of codifying.
At eighty-two he was still, as he put it, 'codifying like any dragon. On 18th May 1832 he did his last bit of his lifelong labour, upon the 'Constitutional Code. The great reform agitation was reaching the land of promise, but Bentham was to die in the wilderness. He sank without a struggle on 6th June 1832, his head resting on Bowring's bosom.
A man may disbelieve in God, heaven, and hell; he may care little for mankind, or society, or for the nation to which he belongs let him at least be plainly told what are the acts which will stamp him with infamy, hold him up to public execration and bring him to the gallows, the gaol, or the lash. That vigorous summary shows the connection between the 'Liberty, Equality, Fraternity, the various codifying enterprises, and his writings upon theology and ethics.
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