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Updated: June 14, 2025
For the civil law is no more than the opinions delivered by the ancient jurisconsults, which, being reduced to a system, teach the jurisconsults of our own times how to determine; while the healing art is simply the recorded experience of the old physicians, on which our modern physicians found their practice.
This confusion has not been successfully explained away by the modern disciples of the jurisconsults, and in truth modern speculations on the Law of Nature betray much more indistinctness of perception and are vitiated by much more hopeless ambiguity of language than the Roman lawyers can be justly charged with.
Feudalism, already enfeebled and discredited as a principle of public relations, furnished no bond whatever which was stable enough to countervail the alliances of religion. In a condition, therefore, of public law which was little less than chaotic, those views of a state system to which the Roman jurisconsults were supposed to have given their sanction alone remained standing.
The first pleaders of Rome were not jurisconsults, but aristocratic "patrons," who looked after their "clients," men of lower social grade, who in return for protection and assistance rendered service, sometimes political by voting, sometimes pecuniary, sometimes military. But when law became complicated, a class of men arose to interpret it.
Louis had long preserved some scruples about the violation of engagements entered into by his grandfather Henry IV; but his last doubts had been set at rest, several months since, by a "special council of conscience," composed of two theologians and two jurisconsults, who had decided that he might and should revoke the Edict of Nantes.
The centumvirs decided questions of property, embracing a wide range of subjects. The Romans had no class of men like the judges of modern times; the superior magistrates were changed annually, and political duties were mixed with judicial. The evil was partially remedied by the institution of legal assessors, selected from the most learned jurisconsults.
It is certain, however, that, in spite of its many defects, the Mancipatory Testament by which the universitas juris devolved at once and unimpaired was never entirely superseded by the new Will; and at a period less bigoted to antiquarian forms, and perhaps not quite alive to their significance, all the ingenuity of the Jurisconsults seems to have been expended on the improvement of the more venerable instrument.
Hobbes did not consider that the same cause, which hinders savages from making use of their reason, as our jurisconsults pretend, hinders them at the same time from making an ill use of their faculties, as he himself pretends; so that we may say that savages are not bad, precisely because they don't know what it is to be good; for it is neither the development of the understanding, nor the curb of the law, but the calmness of their passions and their ignorance of vice that hinders them from doing ill: tantus plus in illis proficit vitiorum ignorantia, quam in his cognito virtutis.
Although his life had been spent in administrative and judicial employments, he did not blush upon a matter of constitutional law to defer to the authority of such jurisconsults as the Duke of Alva and his two Spanish bloodhounds, Vargas and Del Rio.
As to the 250 of the new third, these are liberals of 1789 or moderates of 1791, most of them honorable men and many of them well-informed and of real merit, jurisconsults, officers, administrators, members of the Constitutional Assembly or Feuillants in the Legislative Assembly, Mathieu Dumas, Vaublanc, Dupont de Nemours, Simeon, Barbe-Marbois and Troncon-Ducoudray.
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