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The best-known popular treatise of Pomponius was his Enchiridion, or Manual of the Law of Nations, containing a sketch of the history of Roman law and jurisprudence until the time of Julian. The study of grammar and rhetoric was pursued with much industry, but by persons of inferior mark.
I have dwelt on the history and characteristics of the Roman Quæstiones because the formation of a criminal jurisprudence is nowhere else so instructively exemplified. The last Quæstiones were added by the Emperor Augustus, and from that time the Romans may be said to have had a tolerably complete criminal law.
"Jurisprudence the science of human justice; the knowledge of the laws, customs, and rights of man in communities; the study above all others most necessary to the due administration of justice in human affairs, and even in divine, and second only to that of theology," replied Ishmael, with grave enthusiasm.
Jurisprudence was determinately submitted to the caprices of superstition, which shackled labour, chained down human industry, controuled activity, and fettered the commerce of nations.
In a just war the emperor may kill on the battle-field those in arms against him, but the jus gentium, as now interpreted by the jurisprudence of every civilized nation, does not allow him to put them to death after they have ceased resistance, have thrown down their arms, and surrendered.
The France which had been in great part constituted by their efforts was smitten with the curse of an anomalous and dissonant jurisprudence beyond every other country in Europe.
Now in the older theory of Roman Law the individual bore to the family precisely the same relation which in the rationale of English jurisprudence a Corporation sole bears to a Corporation aggregate. The derivation and association of ideas are exactly the same.
As the orations which he composed in the name of the emperor, acquired the force, and, at length, the form, of absolute edicts, he was considered as the representative of the legislative power, the oracle of the council, and the original source of the civil jurisprudence.
The common or public rights of nature, such as they had always been deemed by the Roman jurisprudence, were severely restrained by the German conquerors, whose amusement, or rather passion, was the exercise of hunting. The vague dominion which Man has assumed over the wild inhabitants of the earth, the air, and the waters, was confined to some fortunate individuals of the human species.
No individual can acquire any right or interest; nobody, therefore, can come forward as a party, in a court of law, to claim participation in the gift. The bequest must stand, if it stand at all, on the peculiar rules which equitable jurisprudence applies to charities. This is clear.
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