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Updated: June 14, 2025
It is certainly doubtful whether the Romans were ever seriously threatened by it, but at any rate they had adequate protection in their theory of Natural Law. For the Natural Law of the jurisconsults was distinctly conceived by them as a system which ought gradually to absorb civil laws, without superseding them so long as they remained unrepealed.
The latest Roman law, so far as it is touched by the constitutions of the Christian Emperors, bears some marks of a reaction against the liberal doctrines of the great Antonine jurisconsults.
The consequence was that du Ronceret, whose father had been a councillor of parliament, was nominated to the presidency; but, the Emperor's repugnance notwithstanding, Cambaceres allowed Blondet to remain on the bench, saying that the old barrister was one of the best jurisconsults in France.
After his law studies at the University of Turin, then highly renowned for its jurisconsults, the young De Maistre went through the successive stages of an official career, performing various duties in the public administration, and possessing among other honours a seat in the Senate, over which his father presided.
No passage has ever been adduced from the remains of Roman law which, in my judgment, proves the jurisconsults to have believed natural law to have obligatory force between independent commonwealths; and we cannot but see that to citizens of the Roman empire who regarded their sovereign's dominions as conterminous with civilisation, the equal subjection of states to the Law of Nature, if contemplated at all, must have seemed at most an extreme result of curious speculation.
The jurisconsults, called pensionaries, who assisted the municipal authorities, received, however, a modest salary, never exceeding 1500 florins a year. These numerous bodies, provincial and municipal, elected themselves themselves by supplying their own vacancies. The magistrates were appointed by the stadholder, on a double or triple nomination from the municipal board.
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.
All these treatises of the jurisconsults claimed respect on the ground of their assumed conformity with the Code, but their comparative authority depended on the reputation of the particular jurisconsults who gave them to the world. The Responses of the early lawyers were not however published, in the modern sense, by their author.
He was required not merely to investigate facts, but to give sentence. And as law questions were more or less mixed up with the case, he was allowed to consult one or more jurisconsults. If the case was beyond his power to decide, he could decline to give judgment. The arbiter, like the judex, received a formula from the praetor, and seemed to have more extensive power.
Thus in this particular case, instead of at once hurrying to Chengchiatun some of the many foreign advisers who sit kicking their heels in Peking from one end of the year to the other and who number competent jurisconsults, China did next to nothing.
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