Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-11
.HANNIS TAYLOR ON
"JUDGE=M ADELAWS"
Continued from first page.)


the Roman empire did tho true period
OF Roman statute law really begin.
Systcmzed Under Justinian.
when .lIstinian came to the throne
Of the Eastern empire 1t was with the
settled purpose OF collecting. revising
and sy,itematiaing the en(rc after
growth of Roman law, .;,lpcrimpOsc,l
upon the primitive system during the
ten centuries that had intcrvencd be-
tween his time CA. ID. 527 To 565) and
the adoption OF the Twelve Tables U2.
c. 1901. The outcome was the famous
code of Justinian. Pnndicts and Insti-
tutes, with the later constitutions of
Justinian, known as Novels. consti.
tutc the Corpus Juris Civils Romnni.
So while it may be said that the most
famous and widely extended j,lrisnr,l-
dence known to the world bcgins, as
1t ends, with code, the fact must not
fer; q moment. he lost sight Of that
Yhpt g2ye6importnncc 10 the first code
and mdde it 'lInSsiblc was the creative
work performed by jurisconsults and
the magistrates, who also built ND a
scientific system of judgc-made law :.
and whose influence upon mankind
has been second only to that of Chris.
tianity. The Roman Empire is dead
md gone, but Roman law has survived
1t: its rule is eternal"
Passing from Rome to England"
MIR. Taylor declared that I'VE there
find repetition of the old story of
code of customary law, which had
rrvsta'iznd into Il written FORM being
expanded and adapted to the over in
creasing wants of progressive society
through the results of Mt least six cen
turtles; Of judge made law. The Eng
fish king transferred to Britain that
rongh, yet vigorous system Of poll
tical and military organization, which
everywhere prevailed among the Ten
tonic tribes of the fathcrland."
Primitive English Law.
Mr.. Taylor then entered into n com.
prehensive history Of the primitive
system of law in England from the
time the Norman conquest drew Eng
land into the mach of the continental
nations, declaring that the most i'm
porlnnt 56ingle outcome Of that event
was the Capitalization of Justice
through the establishment of Il great
court ut Westminster, by whose
agency. q new system of royal law was
brought in To remedy the defects of
the old. unclaslic system Of customary
law prevailing in the provincial courts
of the people. AS soon as The new iu-
dicial system put into operation by
the Normans was i'm working order
"doci8ions Of tribunals" ms Digby has
expressed il, "camc to constitute in
the strictcst sense of the term n
source or cause Of law .Tudge-madr
or judiciary law, hcnceforth gradually
displnccs customary law"
Mr.. Taylor explained how the Eng
fish law l,iUOcc NDlnrtp IN opln c,ro
the unclastic aud Inadequate primitive
code by ENGRAVING upon il new princi-
pies either formulated by Themselves
or borrowed freely from the current
cnmpendia OF the Roman and canon
laws. Just rs it became necessary in
Rome to hnild up distinct set Of
principles capable Of suporscding it
called equity. so it became necessary
To buill up alongside of and apart from
English common law, like system I'M
der Roman AMI English equity, is en-
hodied in the fact that the latter dos
pitc its hulk, has always abhorrcA
codiflcation.
Judge-Madc Law in A'lerTca.
Taking up tho judgc-nadc law in
the United States. Mr.. Taylor said:
The political dogma that the cxccu-
tive. legislative and judicial depart
ments of governments SHOULD he son.
aratc and distinct WINS first announced
by Konteoquiem. who accepted IL and
PROMULGATED it in the modified form in
which ii existed in the English c0nsti-
tutionnl system. In that form il re-
appeared in the constitutions OF soy
eral States, and finally in the constitu-
ticns of the United States. When that