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For, according to the Legists, agitation and continual motion is cause of attraction.
When it pleases these gentlemen, idleness, unworthiness, or absence can invalidate a right which, under quite similar circumstances, labor, residence, and virtue are inadequate to obtain. Do not be astonished that legists reject the absolute. Their good pleasure is law, and their disordered imaginations are the real cause of the EVOLUTIONS in jurisprudence.
The legists, by the very nature of their studies and in spite of their obstinate prejudices, have been led irresistibly to suspect that the absolute in the science of law is not as chimerical as is commonly supposed; and this suspicion arose from their comparison of the various relations which legislators have been called upon to regulate.
If this contract be observed, the legists not only are ready to acknowledge the bad rulers of the world, but even to preach loyalty towards them to the laity. The most supremely popular part of the ideal of Islam, the reduction of the whole world to Moslim authority, can only be attempted by a political power.
His master-idea is that of the Roman legists and of ancient imperial jurisprudence; here, as elsewhere, the modern Caesar goes back beyond his Christian predecessors to Constantine, and farther still, to Trajan and Augustus. So long as belief remains silent and solitary, confined within the limits of individual conscience, it is free, and the State has nothing to do with it.
We shall see if there are lawyers and judges who will uphold the infamous conduct of those village legists, who are forever at law, and who waste and consume the property of others. I am obliged to you, young gentleman, for having informed me of the villanous intentions of those boors, who are more perverse than Satan himself.
The "secret of the empire" that was early divulged was that an emperor could be made elsewhere than at Rome, and though a certain sanctity remained to the person of the emperor, and legists cherished a dim remembrance of the theory that he embodied the popular will, the fact was that he was the choice of a powerful army, ratified by the God of Battles, and maintaining his power as long as he could suppress any rival pretender.
War in the language and thoughts of Calvin is what it became to Oliver Cromwell, to the Huguenots, and to the Scottish Covenanters, to Jean Chevallier and the insurgents of the Cevennes. As Luther in the sixteenth century represents the religious side of the Reformation, so Grotius in the seventeenth century represents the position of the legists of the Reformation.
It not being my intention to enter at present into a discussion of principles, I shall content myself with estimating, from the point of view of this simple and intelligible absolute, the theories of property which our generation has produced. The most exact idea of property is given us by the Roman law, faithfully followed in this particular by the ancient legists.
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