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She sat on the covercle or lid of a brazen vessel, mounted on a tripod, and thence, after a violent enthusiasm, she delivered his oracles; i.e. she rehearsed a few ambiguous and obscure verses, which were taken for oracles. These words are but ill explained by the best Greek Lexicographers. Servius ad Virg., Aen. vii. 88, says: Incubare dicuntur proprie hic, qui dormiunt accipienda responsa.
A body of law bearing a very close and very instructive resemblance to our case-law in those particulars which I have noticed, was known to the Romans under the name of the Responsa Prudentum, the "answers of the learned in the law." As with us, all legal language adjusted itself to the assumption that the text of the old Code remained unchanged. There was the express rule.
The "Futawa Alumgeeree" consequently resembles the Pandects of Justinian in being a systematical arrangement of selections from juridical authorities compiled by Imperial authority; but differs from it in this, that the selections are made exclusively from the "responsa prudentum," and a few legal treatises, whereas Justinian's digest combined with those excerpts from judicial decisions, prætorian edicts, &c.
In law Augustus trenched less on the independent thought of the jurists, but at the same time was better able to put forth his prerogative when occasion was really needed. His method of accrediting the Responsa Prudentum, by permitting only those who had his authorisation to exercise that profession, was an able stroke of policy.
As indicated above the so-called books of Śruti or Vedic literature are not consecutive treatises, but rather responsa prudentium, utterances respecting ritual and theology ascribed to poets, sacrificers and philosophers who were accepted as authorities.
We are Christians in name alone. Why does a classic proverb sound better to us than a quotation from the Bible: corchorum inter olera, 'chick-weed among the vegetables', better than 'Saul among the prophets'? As a sample of the absurdity of Ciceronianism, he gives a translation of a dogmatic sentence in classical language: 'Optimi maximique Jovis interpres ac filius, servator, rex, juxta vatum responsa, ex Olympo devolavit in terras, for: Jesus Christ, the Word and the Son of the eternal Father, came into the world according to the prophets.
In quibus permissione Dei per eorum perfidiam maligni spiritus habitant dantes de interrogatis responsa. Et hijs Idolis offerunt infinita donari aquandoque, et sacrificant interdum proprios infantes, ipsorum sanguine Idola respergentes. Dum hic maritus moritur, vxor comburitur cum marito, nisi de illo habeat sobolem cum quo viuere solet, et vilet.
The words, therefore, include the instances of fictions which I have cited from the English and Roman law, but they embrace much more, for I should speak both of the English Case-law and of the Roman Responsa Prudentum as resting on fictions. Both these examples will be examined presently.
"Inesse quinetiam sanctum aliquid et providum putant, nec aut consilia earum aspernantur, nec responsa negligunt." So our ancestors held in the northern woods, and Christianity, purifying and expanding their belief, fulfilled it with a new perfection.
Hence I may compare the constitutions of the church with responsa juris consultorum among the Romans, which obliged no man, nisi ex aequo et bono, saith Daneus.
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