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Updated: June 8, 2025
When a Roman youth had completed his studies, under his teacher of rhetoric, he not only frequented the forum, in order to learn the application of the rhetorical principles he had acquired, and frequently took some celebrated orator as a model, but also studied the principles of jurisprudence under eminent jurists, and attended the consultations in which they gave to their clients their expositions of law.
His rival, Capito, was equally learned in all departments of the law, and left behind him as many treatises as Labeo. These two jurists were the founders of celebrated schools, like the ancient philosophers, and each had distinguished followers. Masurius Sabinus Gaius and Pomponius, were of the school of Capito.
When the phenomena of primitive societies emerge into light, it seems impossible to dispute a proposition which the jurists of the seventeenth century considered doubtful, that Intestate Inheritance is a more ancient institution than Testamentary Succession.
In common with Sieyès, Lavalette, and Las Cases, he had hoped much from the peculiarities of English law; and on July 28th he dictated to Las Cases a paper, "suited to serve as a basis to jurists," which the latter says he managed to send ashore. If this be true, Napoleon himself may have spurred on his friends to the effort just described.
During this early period he was so distinguished by the great activity of his mental powers and the grave severity of his manners that his companions, it is said, surnamed him "The Accusative." For a while his attention was directed to the study of law, and his father sent him to the university of Orleans, then adorned by Pierre de l'Étoile, one of the most famous jurists of his day.
Such was the severe treatment with which the Catholics, even those who were good citizens, were treated by our fathers in England; and this persecution was defended by some of the greatest jurists, divines, and statesmen which England has produced. And yet some maintain that there has been no progress in society, except in material civilization!
On his father's side, there was a succession of jurists. On the mother's side, not a journalist is visible. Edward attended the Sunday-school of the Carroll Park Methodist Episcopal Church, in Brooklyn, of which a Mr. Elkins was superintendent. One day he learned that Mr. Elkins was associated with the publishing house of Harper and Brothers.
That night Châtillon gave a feast to his chief officers, and amongst his guests was Pierre Flotte, Chancellor of France, perhaps the ablest of those jurists by whose evil councils Philip the Fair was encouraged in the ideas of autocracy which led him to make the setting up of a despotism the policy of his whole life.
A formal renunciation of all right to the Spanish succession had been made at the time of the marriage; but such renunciations were never of any practical effect, and many casuists and jurists of the age even held them to be intrinsically void, as time passed on, and the prospect of Charles II. of Spain dying without lineal heirs became more and more certain, so did the claims of the house of Bourbon to the Spanish crown after his death become matters of urgent interest to French ambition on the one hand, and to the other powers of Europe on the other.
This was clearly seen by the old jurists, who have not failed to denounce this novelty; while on the other hand the young school hoots at the absurdity of the first-occupant theory. Others have presented themselves, pretending to reconcile the two opinions by uniting them. They have failed, like all the juste-milieux of the world, and are laughed at for their eclecticism.
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