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Updated: May 14, 2025
Moreover, a great deal of superfluous money and learning was expended in ordering some elaborate legal arguments to be prepared by venal jurisconsults, proving not only that the uncle ought to succeed before the nephew, but that neither the one nor the other had any claim to succeed at all.
The answer can only be supplied by careful observation of the conditions under which our own English law is administered. The Prætor, it should be recollected, was a jurisconsult himself, or a person entirely in the hands of advisers who were jurisconsults, and it is probable that every Roman lawyer waited impatiently for the time when he should fill or control the great judicial magistracy.
As every patrician could not be a sufficiently profound lawyer to resolve all difficulties, which might arise in the progress of a complex system of government and laws, though he still might accomplish himself in the art of eloquence, there arose soon a new order of men, the jurisconsults. They also received no compensation.
He was consequently the constant delight of every one, of the Court, the armies; the divinity of the people, the idol of the soldiers, the hero of the officers, the hope of whatever was most distinguished, the love of the Parliament, the friend of the learned, and often the admiration of the historian, of jurisconsults, of astronomers, and mathematicians, the most profound.
But though we could transfer our liberty as we do our substance, the difference would be very great with regard to our children, who enjoy our substance but by a cession of our right; whereas liberty being a blessing, which as men they hold from nature, their parents have no right to strip them of it; so that as to establish slavery it was necessary to do violence to nature, so it was necessary to alter nature to perpetuate such a right; and the jurisconsults, who have gravely pronounced that the child of a slave comes a slave into the world, have in other words decided, that a man does not come a man into the world.
Magistrates, councillors, jurisconsults, judges, barristers, officers for the crown, bailiffs, attorneys, clerks of the court, procurators, solicitors, and agents of various kinds, represent or misrepresent Justice.
Two assessors Juan Gutierrez de Chabes and Tristan de Medina, jurisconsults. Three King's counsellors Don Alonso Carillo, a bishop-elect, with Sancho Valasquez de Cuellar and Poncio de Valencia, doctors of civil law.
There was also a numerous embassy from his Imperial Majesty, with Count Otto de Schwartzenburg at its head. Here then were holiness, serenity, dignity, law, and learning in abundance. Here was a pope 'in posse', with archbishops, princes, dukes, jurisconsults, and doctors of divinity 'in esse', sufficient to remodel a world, if worlds were to be remodelled by such instruments.
The scholars told how much she had done for the schools; the clergy, how much for God's glory; the statesmen, how much for peace among Christian monarchs; the jurisconsults, how much for justice; the poor people, how much for poverty. None of them could believe that the life so necessary to the kingdom and to the whole world, would be ended prematurely.
Respectability had to provide itself with legal buttresses; pleaders, for instance, had to be prohibited by decree of the people from taking money for their services; the jurisconsults alone formed a noble exception, and needed no decree of the people to compel their adherence to the honourable custom of giving good advice gratuitously.
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