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Updated: June 14, 2025
The most careful provisions are made in the statute as to the qualifications of judges. Those who make the nominations are recommended to consult with their highest court of justice, their law schools and academies. The judges must be persons of high moral character, qualified to hold the highest judicial offices in that country, or be jurisconsults of recognized competence in international law.
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.
The most careful provisions are made in the statute as to the qualifications of judges. Those who make the nominations are recommended to consult with their highest court of justice, their law schools and academies. The judges must be persons of high moral character, qualified to hold the highest judicial offices in that country, or be jurisconsults of recognized competence in international law.
The rescripts of the early emperors recognized too many popular rights to suit the despotic character of Justinian; and the older jurists, like the Scaevolas, Sulpicius, and Labeo, were distasteful from their sympathy with free institutions. Different opinions have been expressed by the jurisconsults as to the merits of the Justinian collection.
Meanwhile, during that very century of scorn, they were the best artists, sailors, merchants, bankers, printers, scholars, jurisconsults, and statesmen in Europe, and the genius of Motley has revealed them to us, earning a right to themselves by the most heroic struggle in human annals.
It is true that we, at the present day, should probably take a very different view of the Jus Gentium, if we were performing the operation which was effected by the Roman jurisconsults. We should attach some vague superiority or precedence to the element which we had thus discerned underlying and pervading so great a variety of usage.
He then believed that God's sanction had to come through the high clergy and heads of the Church. Many good Christians had approved his Theses, but he did not recognize in that the divine answer to his testimony. He said afterward: "I looked only to the pope, the cardinals, the bishops, the theologians, the jurisconsults, the monks, the priests, from whom I expected the breathing of the Spirit."
Logically, it implied a state of Nature which had once been regulated by natural law; yet the jurisconsults do not speak clearly or confidently of the existence of such a state, which indeed is little noticed by the ancients except where it finds a poetical expression in the fancy of a golden age.
Various schemes were devised to enable her to defeat ancient rules; and by their theory of "Natural Law," the jurisconsults had evidently assumed the equality of the sexes as a principle of their code of equity.
The customs of the provostship and the viscomty had not yet been worked over by President Thibaut Baillet, and by Roger Barmne, the king's advocate; they had not been obstructed, at that time, by that lofty hedge of quibbles and procedures, which the two jurisconsults planted there at the beginning of the sixteenth century. All was clear, expeditious, explicit.
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