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He was the most fertile of Roman law-writers, and there is more taken from him in Justinian's Digest than from any other jurist, except Ulpian. There are two thousand and eighty-three excerpts from this writer, one sixth of the whole Digest. No legal writer, ancient or modern, has handled so many subjects.
A natural opinion, seeing that all the early English law-writers adopt their phraseology and classification from Rome. Still it seems much more probable that the action is of pure German descent. It has the features of the primitive procedure which is found upon the Continent, as described by Laband. /1/
"Our law-writers, who live by job-work, are a queer lot; and this may not be his name, but it's the name he goes by. I remember now, sir, that he gives it in a written advertisement he sticks up down at the Rule Office, and the King's Bench Office, and the Judges' Chambers, and so forth. You know the kind of document, sir wanting employ?" Mr.
Edward, or the ancient Saxon laws, as our historians and law-writers generally, though very groundlessly, assert. They bear no resemblance in any particular to the Laws of St. Edward, or to any other collection of these ancient institutions. Indeed, how should they?
The great commentator Cujacius, declares that he was the first of all lawyers who have been, or who are to be; that no one ever surpassed him in legal knowledge, and no one will ever equal him. Paulus was his contemporary, and held the same office as Papinian. He was the most fertile of Roman law-writers, and there is more taken from him in the Digest than from any other jurist, except Ulpian.
And it is here to be observed, that the constitutions of Magna Charta are by no means a renewal of the laws of St. Edward, or the ancient Saxon laws, as our historians and law-writers generally, though very groundlessly, assert. They bear no resemblance, in any particular, to the laws of St. Edward, or to any other collection of these ancient institutions. Indeed, how should they?
I was returning, as I said, from Westminster, and wearily enough I paced along the busy streets, exhausted by the stifling heat of the Vice-Chancellor's court, in which I had been patiently sitting since ten o'clock, vainly waiting for that 'occasion sudden' of which our old law-writers are so full.
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