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Updated: September 11, 2025
He assumes to control her, even in personal matters having no direct concern with himself, by virtue of the old masculine prerogative of force which placed a woman under the hand, as the ancient patriarchal legists termed it, of a man. It is, however, becoming more and more widely recognized that such a part is not suited to the modern man.
The cardinals at Anagni sent a summons to their brethren inviting them to share in their counsels concerning the compulsory election of the successor to Gregory XI. Already the opinions of great legists had been taken; some of them, that of the famous Baldus, may still be read. He was in favor of the validity of the election.
"Meanwhile the bishops are silent, Rome is dumb, the moral law sleeps, the canon law is forgotten; and these pastors, transforming their flocks into packs of wolves, scour the plains, blessing murder and sanctifying conflagration. "'King by Divine right, they cry, like the legists of the Lower Empire; 'Die or believe, like the sons of the Prophet.
On the Tuesday, the judges got up at the Archbishop's palace a court of assessors as they best might; some of them had assisted at the first sittings only, others at none; in fact, composed of men of all sorts, priests, legists, and even three physicians. The judges recapitulated to them what had taken place, and asked their opinion.
The bishops are legists, subordinate to the Pope. They have two functions. When assembled they make articles of faith as he does. When separate, they dispense people from obeying the law. For the Christian religion is full of difficult observances; and it is thought to be harder to do your duty than to have bishops to give you dispensation.
Each has some crotchet of his own, each likes to dogmatize and to speechify, and each considers the others to be idiots, and has a small following of his own, which regards him as a species of divinity. They are philosophers, orators, and legists, but they are neither practical men nor statesmen. I understand that General Trochu says, that the most sensible among them is Rochefort.
It is curious that the entire history of this wildest and strangest of all visionary occurrences is to be found in a series of processes at law, each part recorded and certified under oath; but so it is. The village maid was placed at the bar, before a number of acute legists, ecclesiastics, and statesmen, to submit her to a not-too-benevolent cross-examination.
There, as elsewhere, inequalities of talent and skill are to be found. When business slackens, compositors and pressmen divide up their labor; all monopolists are detested as no better than robbers or traitors. There is a philosophy in the action of these printers, to which neither economists nor legists have ever risen.
Legists, priests, and princes were to be severely dealt with. But, curiously enough, the middle and lower nobility, especially the knighthood, were more tenderly handled, being treated as themselves victims of their feudal superiors, lay and ecclesiastic, especially the latter. In this connection the secularization of ecclesiastical fiefs was strongly insisted on.
It is remarkable that, at those meetings of the State Council at which the Code was discussed, no controversy arose as to the origin and principle of property. All the articles of Vol. Bonaparte, who on other questions had given his legists so much trouble, had nothing to say about property.
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