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indeed an extraordinary circumstance in the Histories of all Nations, that none of them have ever established
a Periodical revision of their Laws, but as we have had so few Platonic Governments & so many formed by the
caprices of Chance and the enterprizes
of Passion it is not altogether wonderful, — Such a revision of the Civil Laws must be necessary
for the same reasons that alterations in the Political Laws become necessary, in the course of time the manners
& customs of the nation undergo a gradual revolution, it seems just that the Laws which regulate them should
vary also, should modify themselves according to the new nature of their objects, unless they do which, they become
useless & obsolete; It is true that the passing New Laws from time to time as occasion requires may in some
degree answer the same purpose, but unless the total Revision takes place, there must always remain
a multitude of ancient Laws half-repealed half unrepealed frequently contradictory always confused.
Such a Revision must be extremely advantageous also, as it gives a stated opportunity of simplifying the
whole mass, of Harrowing out the Rotten parts & laying down the Sound in a Clear methodical arrangement
the experience of each Period would teach what former Branches were by become useless & point out the
new matters of Legislation — The Romans had sense enough to establish censors & a quinquennial revision
of their Manners but they never seem to have extended this idea to their Jurisprudence. When Justinian
undertook the work late as it was, while there was leisure to engage in it at all, there seemed time
to have done it much better. half of his Herculean labor he performed wonderfully well & got all his
materials together & classed them in some sort under their different Heads — but unfortunately he left
the other half unfinished — the Romans therefore, or rather the Modern Nations of Europe amongst whom
it has had a much more extensive empire, have had the satisfaction of receiving a Code for their government
composed of the strangest heterogeneous discordant elements, partly of republican partly of monarchical birth
partly calculated for Italy partly for Constantinople, & what is still worse fettered throughout with old Rites
& norms which have been consecrated anew by their imperial sanction. — France at present is said
to labour under Civil Jurisprudence all more complicated than the Roman — the general Droit Ecrit & the general
Droit Coutumier
, besides the particular Coutumier of each Province, besides all the Royal Ordonnances
produce endless confusion; to understand the Laws of the Country even in a moderate degree requires uncommon
abilities & uncommon application, habit may reconcile people to this complication of Laws but
no sort of revision would ever be thought of; the subjects have not motives sufficient to make them
labour for the improvement of a government in which they have no part; pure patriotism is not the
natural growth of a soil where never cherished by the hopes of honourable recompense, & where even if it ever
started up by accident it would be discouraged & checked as officious or dangerous, the Monarch & his
Ministers are too much occupied by foreign interests, to vouchsafe the smallest attention to any other economy
than that which strengthens their own power — the happiness of the multitude is by much too mean a consideration.
— In England, to judge by the number of Acts made by our Parliament with in an existence of 500 years
by the enormous quantity of Common Law Reports — by Abridgments in four & twenty folio Volumes &c &c we seem
not to be much better off than any other people - ancient or contemporary. Happily however a Project
of Revision seems more practical in our Constitution And surely does not some such plan seem greatly to be desired for us?
It is not to be hoped that a time of greater tranquillity will come when the whole Body of our Civil Laws may
undergo a thorough reformation. The of Chivalry of Soccage of Villenage have long been abolished,
why need we relligiously preceive all the old forms which have signified nothing but while the Things themselves
existed, why raise up Fictions in honor of their memory, least those precious relicks of Feudal Barbarism should
be totally forgotten. Why are we to preserve the ancient limits which serve to mark out the different provinces
of our great Tribunals, when the Essential Difference no longer remains, when it is a matter of professional
address to frustrate the intention of these distinctions — If a true spirit Philosophy consists in any thing else besides Writing
at London to prove very happily the Materiality of the Soul which would undoubtedly be a discovery of the greatest consolation to mankind
or teaching a Poetry at Paris by Ecometrical Therisms another modern attempt equally favour laudable
& extraordinary: - it means I suppose a desire to comprehend & a readiness to execute the dictates of Sound
reason in all Matters whatever in defiance to ancient prejudice & authorized absurdity — And if this is
is Philosophical Age — it is not the Season with us for accomplishing a work of this nature — The people of
Pensylvania have wisely established a Censorial Commission for the preservation of their new political Constitution
is it not to be wished that for once at least we might obtain a Reformation of our Civil even if we are not
to flatter ourselves with the hopes of perpetuating a similar plan. —
After thanking you for your Hints on Law & History I have still more to thank you for your general
advice on Reading which I accept as the sincerest Mark of your Friendship. It is the more satisfactory
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Identifier: | JB/538/297/002 "JB/" can not be assigned to a declared number type with value 538.
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1779-02-12 |
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538 |
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297 |
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002 |
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Correspondence |
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Charles Abbot |
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