New-York tribune., 1894-05-23

how bitter the feeling was against the Roman
or Civil Law. The influence Of the Roman sys-
tenn could be traced in the most unexpected
quarters The characteristic feature OF the Visi-
gothic code in force in Catalonia was the pun
ishment of wilful murder with oeath' 'hor-
oughly Roman enactment; and yet the use OF the
Roman law was forbidden b" the Goths Ihe
fact was that neither they nor their successors
down to the times Of the great law professors
like Alciat knew when they were excluding or
when they were adopting Roman legal devices
What they obviously meant to EXCLUDE was 'he
minute and. as they thought, injurious skill ol
the trained lawyers. The objection 10 Iee"i
learning was put on much the same erou"uS a'
those on which have stood the people IN modern
tires who nrocured the appointment or election
~ Law Judges or invented other means OF op-
viat,na the tricks of the law Doubtless Jamess
co,nnanv Of lawyers found many an opportunity
IN interpret a local custom In the hght OF the
.o,r,,o which they had received at Bologna
without either mobiles or common people pe'ne
r tho wiser But in doing this they could
contribute only indirectly to the unity which was
oyidentlv tho ultimate aim Of James as a iegls-
1o,or lie had found a struggle raging between
Roman law and local CUSTOM the one lhVauiiis'
.bo other resisting A certain inhtrauoh VI
poron law was as he saw. inevitable ana ue-
sirabIe. But to satisfy popular prejudice 'his
innItration must be guarded against rea.S
or apparently by prohibitions Ana '"us "e
,., 20 bis successors a compromise IN
stnad Of the perfected legal system whlch
he doubtless had In his thouen'S'
islatiye unity was not indeed 10 'e Wv
good fortune Of the Aragonese couh'rleS' ou'
It's nature, as we'll as in the very diversity u ~
. ,ho whole WAS in entire harmony with the
kevnote of the Conqueror's home pohcy- u'-
velopment of national and popular liberties 10 'ne
depression of Feudalism
Iu,o 1,dward I in fact before him. James OF
Aragon gave ercouragement 10 the germs ..
aar,,omantarv system He did not think highly
of parliamentary assemblies ou' he''"e' "e
r,d,,ord could get the money they wanted LOT
their wars without these obnoxious meeu"ES Vi
tho estates. He found the system already falr'Y
developed when he began to reign lhueeu u"e
reon,e Of the towns were represented along with
,ho ron,es and the clergy nearly century before
tho burghers in England sent delegates to far'ia-
-. 7, was mart of James's policy 70 encour-
400 tho Growth Of the Commons. since that way
,a,, bis only hone Of constraining the nooil'y'
d.. ,eitber he nor his people saw the real SIG
,iecance of the movement in which they sharen'
Had they done so Spain and not England might
bova heen the model Of constitutional govern
mon, IN later ages Both ne and they were per-
hans eouallv shortsighted in their persistent FL
forts 10 drive out the MoOrs. But mere ne WAS
fighting the battle not Of Spain but OF "eS'e'"
civilization. as II has since developed MT 9"'i'
book is an accurate and painstaklng 'oh'''o"'''"
TO the study of a country and period "h'on al
not az well known as they ought 10 De- ou' WIZ"
are certainly beginning to be studied as 'nsy
never were studied before.