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Updated: June 14, 2025
Look to your ports, fortify Havre, and create a Cherbourg, braving the jealousy of the English. None of those measures which reveal and do not relieve the straits of the treasury! The people, whom declaiming jurisconsults so vehemently but vainly incite to speak evil of lavishness, would be grieved if they saw any interruption in the expenditure which a silly parsimony calls superfluous."
The jurisconsults of former times expressed the idea by the words RES FUNGIBILES, by which they meant consumable commodities, or those things which are consumed in their use for the supply of man's animal wants, as contradistinguished from unconsumable commodities, which latter writers, by an extension of the term, in a figurative sense, have called FIXED capital."
These modes of acquisition were obtained by the elder jurisconsults, as I have attempted to explain, by abstracting a common ingredient from the usages observed to prevail among the various tribes surrounding Rome; and, having been classed on account of their origin in the "law common to all nations," they were thought by the later lawyers to fit in, on the score of their simplicity, with the more recent conception of a Law Natural.
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 word "rubrics" was originally applied to the red marking lines used by carpenters on wood, later it referred to the titles used by jurisconsults in announcing laws, which were written in red colours.
This ancient Will has, however, manifold defects, which are remedied, though only indirectly, by the Prætorian law. Meantime the ingenuity of the Jurisconsults effects, in the Common-Law Will or Mancipatory Testament, the very improvements which the Prætor may have concurrently carried out in Equity.
Sir James Ware remarks that they were not acquainted with the laws of England. He might have better said, they preferred their own, as not coming from cold and pagan Scandinavia, but from the warm south, the greatest of human law-givers, the jurisconsults of Old Rome, and the holy expounders of the laws of Christian Rome. What were those laws of England of which Ware speaks?
In the first century of the Christian era may be observed among various sects, notably the Gnostics, a desire to popularize the teachings of an ancient race, and to accentuate those principles which had been taught by Buddha, Pythagoras, the Stoic philosophers, the Roman jurisconsults and others.
The praetor, a magistrate next in dignity to the consuls, acted as supreme judge of the civil courts, assisted by a council of jurisconsults to determine questions in law. At first one praetor was sufficient, but as the limits of the city and empire extended, he was joined by a colleague.
The final blow to the Responses was dealt by Augustus, who limited to a few leading jurisconsults the right of giving binding opinions on cases submitted to them, a change which, though it brings us nearer the ideas of the modern world, must obviously have altered fundamentally the characteristics of the legal profession and the nature of its influence on Roman law.
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