The Life of Hugo Grotius eBook

Charles Butler
This eBook from the Gutenberg Project consists of approximately 203 pages of information about The Life of Hugo Grotius.

The Life of Hugo Grotius eBook

Charles Butler
This eBook from the Gutenberg Project consists of approximately 203 pages of information about The Life of Hugo Grotius.

In the ruin of the Roman Empire, her laws were lost in the general wreck.  During the 200 years, which followed the reign of Constantine the Great, Europe was a scene of every calamity, which the inroads of barbarians could inflict, either on the countries through which they passed, or those in which they settled.  About the sixth century, Europe obtained some degree of tranquillity, in consequence of the introduction of feudalism; the most singular event in the annals of history.  At first, it produced a general anarchy; but the system of subordination upon which it was grounded, contained in it the germ of regular government, and even, of jurisprudence.  Its effects were first visible in the various codes of law which the barbarous nations promulgated.  Such are the Salic, the Ripuarian, the Alemannic, the Burgundian, the Visigothic, and the Lombard laws.

[Sidenote:  Feudal Jurisprudence.]

A complicated or refined system of jurisprudence is not to be looked for in them; but, if they are considered with due regard to the state of society for which they were calculated, they will be found to contain much that deserves praise.  The capitularies, or short legislative provisions, propounded by the sovereign, and adopted by the public assemblies of the nation, were a further advance in legislation.  By degrees, so much regularity prevailed in the judicial proceedings and legal transactions, that they were regulated by established formularies; and, in addition to those provisions, every nation contained a collection of unwritten usages or customs, which had the force of law.  The natural tendency of these institutions to introduce order and peaceful habits into society was great; but it was so much counteracted by the turbulent spirit of every class of men, that it was not till the beginning of the thirteenth century that this effect of them became discernible.

[Sidenote:  CHAP.  II. 1597-1610]

From this time, the governments of Europe sensibly improved.  A better spirit of legislation shewed itself; the administration of justice became more regular; trade and husbandry were protected, several arts were encouraged; and a general wish for a better order of things prevailed in every part of Europe.  While the public mind was in this state of improvement, an event fortunately happened, which gave it a very salutary direction.  This was, (what we have already noticed), the discovery of a complete copy of the Pandects of Justinian at Amalfi, a town in Italy, near Salerno.  From Amalfi, it found its way to Pisa; and in 1406, was carried to Florence, where it has since remained.

[Sidenote:  The Civil Law]

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The Life of Hugo Grotius from Project Gutenberg. Public domain.