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Updated: May 29, 2025
But if there be a country which cannot stand any one of these tests, a country where knowledge cannot be diffused without perils of mob-law and statute-law, where speech is not free, where the post-office is violated, mail-bags opened, and letters tampered with, where public debts and private debts outside of the State are repudiated, where liberty is attacked in the primary institution of their social life, where the position of the white woman is injuriously affected by the outlawry of the black woman, where the arts, such as they have, are all imported, having no indigenous life, where the laborer is not secured in the earnings of his own hands, where suffrage is not free or equal, that country is, in all these respects, not civil, but barbarous, and no advantages of soil, climate, or coast can resist these suicidal mischiefs.
The shire courts and the royal court were alike bound by the statute-law, so far as it extended; but, in the larger half of their work, they had no guides save the local custom, as expounded by the good men of the shire court, and the decisions recorded on the rolls of the royal court.
In civil law, for a state whose nationality was properly humanity, the necessary and only possible formal shape was to invest that urban edict, which had already spontaneously grown out of lawful commerce, with the security and precision of statute-law.
Some passages in the Roman Statute-Law, and one statute in particular which limited the capacity for inheritance possessed by women, must have contributed to keep alive the feeling; and it is the general belief that the system of creating Fidei-Commissa, or bequests in trust, was devised to evade the disabilities imposed by those statutes.
The reproof he bestows, on gentlemen who are ignorant of this branch of learning, and on the perplexities introduced into our statute-law by such 'ill-judging and unlearned legislators, and his praise of the capacity they would acquire for administering justice, to which sacred function they are so often called, were this ignorance removed, gave dignity to the study I was about to pursue.
In civil law, for a state whose nationality was properly humanity, the necessary and only possible formal shape was to invest that urban edict, which had already spontaneously grown out of lawful commerce, with the security and precision of statute-law.
On Lord Eldon enquiring whether he relied on common-law or statute-law, the counsel for the defence answered firmly, "My lord, I rely on a well-known maxim, as old as Magna Charta, Nine Tailors make a Man." Finding themselves unable to reward a lawyer for so excellent a jest with an adverse verdict, the jury acquitted the prisoners.
No custom of the manor or seigneury could prevail against written contracts and statute-law. But the judges do not seem to have grasped this distinction; when cases involving disputed obligations came before them they called in notaries to establish what the local customs were, and rendered judgment accordingly. This gave the seigneur a great advantage, for the notaries usually took their side.
They deal with trade, with finance, with statute-law reform, with common-law reform; they deal with various sorts of business, but with business always. And there is no educated human being less likely to know business, worse placed for knowing business than a young lord.
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