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72 step-daughter of the other, and forbad the marriage of brothers and sisters by adoption so long only as they remained in the same family. Marriage with the daughter of a sister by adoption was legal.

Other prohibitions were based on considerations outside of the family tie. A guardian or curator was prohibited by Severus and later Emperors from marrying his ward, if under twenty-six years of age, either to himself or his son, unless special permission was obtained. Provincials were forbidden by Valentinian (c. 373) to marry barbarians under threat of capital punishment. Jews and Christians were forbidden by Theodosius (388) to intermarry, the act being punished as adultery. Justinian (530) "following the sacred canon" forbad presbyters, deacons, and sub-deacons to marry at all; if they did, their children were to be treated as born of incestuous connexion.

Senators and their descendants were forbidden by Augustus and by Marcus Aurelius to marry freed persons or actors or actresses or their children. Constantine (336) forbad any person of high rank or official position in towns to marry, whether after concubinage or not, freed women or actresses or stall-keepers or their daughters or others of low condition, mere poverty not being regarded as such (Valentinian 454). Justin, in consequence of his nephew Justinian's marriage with Theodora, removed this prohibition, if the woman had ceased to practise her profession, arid gave to his law retrospective effect from his accession. Justinian relaxed the rule still further, and eventually (542) enabled all persons to marry any free woman, but in the case of dignitaries only by regular marriage settlement: others could marry either by settlement or by marital affection without settlement.

Forbidden marriages were declared to be no marriages, dowry and marriage gift were forfeited to the Crown, the children were not even to be deemed natural children; the parties were incapable of giving by will to any outsiders or to each other. Incestuous marriage, by Justinian's latest law (535), was punished by exile and forfeiture of all property, and in the case of persons of low rank by personal chastisement. Any children by a previous lawful marriage became independent, took their father's property, and had to support him.

A woman's dowry was a contribution from herself or her relatives or others to the expenses of the married life, placed under the charge and at the disposal of the husband, and, although theoretically his property, to be accounted for by him on the dissolution of the marriage to the donor or the wife. It presumed a lawful marriage: it could be given either before or after, but if given before it took effect only on marriage. It was governed by customary rules and often by special agreements consistent with its general principles. From the time of Constantine a betrothed husband's or wife's gift made in view of an intended marriage was revocable by the donor, if the donee or the wife's father was the cause of the marriage not taking place. And a gift from


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68 The dissolution of the natural father's power over his children, whether in order to make the child independent (sui juris), or to give him by adoption into another's power, was in old times effected by a complicated ceremonial. This was abolished by Justinian (531), who substituted in the case of adoption a declaration before a competent magistrate, both parties being present, and, in the case of emancipation, either the like simple declaration, or, according to a law of Anastasius (502), if the son or daughter were of age and not present in court, a declaration, supported by a petition to the Emperor, with his grant of the prayer and the consent of the child, if not an infant.

By in older times a person passed under the fatherly power of one who was not his natural father. If he was not independent, he passed entirely from one family to another: his natural father no longer controlled him or was responsible for him, the son's acquisitions did not pass to him, nor had the son any right to his inheritance. The adoptive father stood in the natural father's place, and could retain or emancipate him. Justinian (530) altered this in all cases where the adopter was an outsider. The adopted person retained all his rights and position in his natural father's family, and simply acquired a right of succession to the adopter if he died intestate. But if the adopter was the grandfather or other ascendant either on the father's or mother's side, the effect of adoption remained as of old.

Adoption of a person who was sui juris was often called adrogation, and required a rescript from the Emperor. If the person to be adopted was under age (impubes), inquiry was made whether it was for his advantage, and the adopter had to give security to a public officer for restoration of all the adopted's property to his right heirs, if he died under age. If he emancipated him without lawful cause, or died, he was bound by a law of Antoninus Pius to leave him one-fourth part of his property, besides all that belonged to the adopted person himself. If a person adrogated had children, they passed with him under the power of the adopter. In all cases it was required that the adopter should be at least eighteen years older than the adopted.

In the old law guardians (tutores) were required not only for young persons for a time, but for women throughout their life, though the authority they exercised was often nominal. Guardianship for women was criticised by Gaius as irrational, and it ceased probably before Constantine. By Justinian's time, guardianship affected only impuberes. He fixed the age for puberes at fourteen for males, twelve for females. Up to that age, if their father or other head of the family was dead, or if they were freed from his power, they required a guardian to authorise any legal act which was to bind them. Without such authority they could bind others but not themselves, the rule being that they could improve but could not impair their estate. After the age of puberty the law regarded them as capable of taking the responsibility

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text:
Cribber

 * "The Cribber" (1921), an essay by Thomas Arkle Clark
 * The Cribber (1912), a play by W. P. McIntosh

title: Cribber


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Rh reign of Tang, he began to reveal the mystery of his birth. From the place of perfect purity and constant reason, he received the essence of the sun; and transforming its five colours, he formed a ball as large as a bullet. At that time Yu-niu, [the precious woman,] was at noon day sleeping, and on receiving the ball in her mouth, swallowed it. Hence she conceived. She was pregnant eighty-one years, till the ninth year of Wu-ting, on the day Keng-shin, when the left side of Yu-niu opened, and she bore a son from under her ribs. When born, his head was white; his name Sao-tsi, [old child-sage.] He was below a Si [plumb] tree:—pointing to the tree he said, "That Si is my surname."

From the ninth year of Wu-ting, in the dynasty Yin, in the year of the cycle Keng-shin, in the ninth year of king Chao, of the kingdom Tsin—a space of 996 years, he remained in the world. Then in the west ascended the hill Kuen Lun, [the abode of immortal spirits.]

The work of Si-she-so, called Po-wo-shi, says, "In the third year of Wu-te,


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Rh of their own acts, but practically they had not the requisite knowledge and discretion. No one could deal safely with them, because of the risk of the contract or other business being rescinded, if the praetor found that it was equitable to do so. To meet this difficulty a curator was often appointed to guide young persons in the conclusion of particular business, and eventually was appointed to act regularly in matters of business until the ward became 25 years old. It was the analogy of madmen, etc. (mentioned below), which probably suggested this course. From the third century allowance of age (venia aetatis) could be obtained from the Emperor by youths of 20 years, women of 18, on evidence of fitness. Justinian however (529) restrained them from all sale or mortgage of land, unless specially authorised.

A guardian was appointed by the father's will. In default of such appointment, the mother or grandmother had the first claim by Justinian's latest legislation, and then the nearest male in order of succession to the inheritance. If such were disqualified, the praetor at Rome, the governors in the provinces, and if the estate was small, the town-defenders, made the appointment of both guardians and curators. Guardianship was regarded as a public office, and no one was excused from undertaking it, except for approved cause. Guardians and curators were liable for any loss caused by their act or neglect. They could not marry their wards, unless approved by the ward's father or by his will.

Mothers had been allowed (since 390) to act in these capacities for their own children, but by Justinian's final legislation, had to renounce the right of re-marriage and the benefit of the Velleian Senate's decree (see below). If they broke their promise, they incurred infamy and became incapable of inheriting from any but near relatives, besides losing part of their property.

Severus (195) prohibited all sale of a ward's land in the country or suburbs unless authorised by the father's will or by the praetor. A subsequent edict directed everything else to be sold and reduced into money. Later Emperors (326 and after) reversed this direction, and partly on the ground of probable attachment of the ward to the family house, and the utility of old family slaves, and partly from the difficulty of finding good investments, ordered all the property to be preserved, unless land had to be purchased or loans made in order to supply the ward's needs.

Madmen and spendthrifts, pronounced such by the praetor, were by the XII Tables under the care of their agnates (relatives through males) but in practice under a curator appointed by the praetor or provincial governor. So also a curator was appointed, without limit of age in the ward, for the demented, or deaf and dumb, or for persons incapacitated for business by chronic disease. The practice of making contracts by oral stipulation brought deaf and dumb into this category.


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{| width=100% cellpadding=5 border=0 forces of revolution and reform, liberals everywhere looked to England as the exemplar of political liberty, and in many cases frankly borrowed her institutions. Wherever the representative legislature and responsible government and guaranties of individual liberty exist to-day, there is indebtedness to England, and this is as true of countries that are republican in form as of those that are monarchical. But no country outside of the British Empire is so peculiarly and palpably English in its laws and institutions as our own. All of what is fundamental in our political system—the supremacy of law over the government, the representative system, individual liberty, the sovereignty of the people—is derived institutionally from England and from nowhere else, a fact which the relatively superficial differences between a republic and a constitutional monarchy should not be permitted to obscure. With us, however, there has been no importation of an alien system; the process has been one of inheritance and adaptation. The thread of Anglo-American institutional history was not cut by the American Revolution. Indeed the principles of government and liberty proclaimed by the Declaration of Independence were as truly English as the language in which they were expressed, and a people that cherishes this document as its birth certificate can never view the winning of English liberty as an alien theme.
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Columbia University


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Rh admitted, though there is throughout the later additions a manifest effort to preserve the fundamental thought that characterizes the oldest and original parts of the story.

The or the  (Verona) has preserved much less of the original character. It is connected with the Volsunga Saga, and like the Niebelungenlied and the other poems, and songs relative to this Middle High German epic, forms an important supplement to it, inasmuch as it belongs to the same group of traditions, but it is not based on old northern poems. It is probably a collection of oral traditions and songs from Germany compiled and translated in Bergen, Norway, about the year 1250. Of great value is the (saga of Hervor), which for the greater part is based on very ancient songs, a large number of which have come down to us in fragments that are in many respects very remarkable. It contains a number of traditions in regard to the sword Tyrfing, forged by dwarfs. It reflects the old heathen time with remarkable fidelity, and is full of poetry of the finest flavor, wherefore it has frequently been reproduced by the later poets; but the close of this thrilling saga is only a dry chronicle-like account of Swedish kings. The short but beautiful has furnished the materials for one of the most excellent poetical productions of modern Scandinavian literature, but it bears no strong impress of antiquity, and is really a striking illustration of how homely materials may be utilized, when the national taste has been influenced by contemporary foreign literature. Nor can the poems contained in this saga be regarded as very old, and it seems indeed most probable that they are of the same age and by the same author as the saga. The saga of King Half and his Heroes is on the other hand full of fragments of genuine old poems which are of great interest. An important work for the study of Danish traditions is. It is based on old Danish traditions and poems, which, however, by their fabulous character and by their very style


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62 the founder of the dynasty Tang, a person called Kie-shen-shing, belonging to Tsing-Cheu, lived at Yang-kio hill, and was clothed in moon-white garments. An old man there, called to him and said, "Do you go for me to the emperor Tang, and say to him—I am Sao-kiun, [the venerable prince,] your ancestor." In consequence of this, the founder of the dynasty, built a temple to Sao-kiun, and his son honoured him by the appellation of "The marvellous and original emperor."

The emperor Ming wrote a commentary on the authentic work Tao-te. At this time scholars study it. The temples of Hiuen-yuen-hoang-ti, [the marvellous and original emperor,] are erected in both capitals, [Peking and Nanking;] also in every Cheu. The masters at the capitals, mark on the temples, "Kiuen-yuen-kung," [the temple of the marvellous origin.] All the Cheu mark them, "Tsi-kie-kung," [the temple of the most honourable.] The western capital marks them "Tai-tsing-kung," [the temple of perfect purity.] The eastern capital marks


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66 prove themselves to have been composed in a comparatively late period; and yet this circumstance has not induced the author to make any effort to give the traditions an external appearance of trustworthiness by connecting them with well known historical persons. Hrolf Krake's saga is manifestly based on various groups of songs corresponding to the several stories in the saga. Each of these groups has to a certain extent constituted an independent whole, but on a more careful examination they will also be found to form links of one long poem, in which the celebrated Hleidra king, the ideal of a royal hero until the viking age raised other heroes on the throne, is the centre, and to whose glory all the songs contribute. However independent the separate stories may appear, still the poetic unity of the whole group is far more marked than it is in the Volsunga traditions as we find them in the Volsunga saga. Of great importance, especially for the study of Danish traditions, is also, which in spite of its romantic and fabulous dress is interesting on account of its graphic description of the restless viking age. The same may be said of a which tells of  and of the (the death of Harald Hildetooth) and other things, and is possibly a fragment of the, mentioned by Snorre, but not now extant.

A remarkable blending of history and myths is the , which pretends to belong to the age of Olaf Trygvason and seeks in a truly masterly manner to make historical characters of Sigurd, the Slayer of Father, Starkad and others. A characteristic example, illustrating the effort to establish a more or less immediate connection between the traditions and the historic time, is furnished by the, which presents to us the remarkable and truly Norse heathen tale of the endless conflict between Hedin and Hogne, a conflict which, produced by an incantation, is finally ended by one of Olaf Trygvason's warriors. Some of the sagas were doubtless originally based on facts, but the telling and


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Rh them "Tai-wei-king," [the temple of the wonderfully subtle.] At each of these temples are pupils. The imperial mark was "The great holy ancestor, the lofty, the exalted, the great Tao of the golden palace, the marvellous origin, the emperor of heaven, the great ruler."

The Work Chua-hoei, of the kingdom Sung, says, that the emperor Ching-tsing-tai-ping, in his sixth year, eigth moon and eleventh day, made the following highly honourable title, which the people received with the most profound respect, "The great and exalted Sao-kiun:the origin of chaos; the supremely virtuous emperor."

The emperor Jin-tsung thus praised him:

 * How great is the supreme Tao!
 * Not made, yet existing,
 * The end of creations and annihiliations, and then beginning,
 * Before the earth, and before the heavens.
 * Light and glory unite around him,
 * Continuing for eternal creations and annihilations.


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64
 * In the east he taught our father Ni, [Confucius;]
 * In the west he directed the immortal Kin-sien;
 * A hundred kings have kept his laws;
 * The holy perfect men have received his instructions;
 * The first of all religions;
 * Marvellous is it—passing marvellous!


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{| width=100% cellpadding=5 border=0 if the government refuses to obey these laws, the nation has the right to force it to do so, even to the point of overthrowing the government and putting another in its place." Magna Carta does not indeed contain any formal statement of the right of deposition, though it legalizes temporary insurrection if the king will not obey the law, but Mr. Adams insists that the right was logically involved in it, and that the principle upon which the nation acted in the political revolutions that followed, in z327, x399 and i689, is to be found in its famous sixty-first clause. With the rapid decline of feudalism as a political system in the thirteenth century, and the beginnings of a national organization of the state, the earlier idea of a feudal contract between king and barons broadened out into the conception of a contract between king and nation. After the period of the Lancastrian government, which, Mr. Adams tells us, was almost modern in form, came a reaction to practical despotism under the Tudors, a despotism which the Stuarts strove to provide with a theoretical and philosophical justification. But divine right and royal absolutism were finally swept from the field by the revolutions of the seventeenth century which assured the triumph of the fundamental principle of the constitution, the subjection of the government, to the law. The growth of the cabinet as an institution of government, together with the extension of the franchise and the restriction of the powers of the House of Lords, has made possible the existence of a democratic republic under the forms of a monarchy. Such in baldest outline is Mr. Adams' interpretation of English constitutional history. It may be noted in passing that the use of the word "nation," without qualification, to describe the body politic of England in times prior to the nineteenth century, is likely to cause misapprehension in the minds of readers who have not acquired the habit of thinking historically. They might, for example, infer from what Mr. Adams says that it was the people who effected the Revolution of 1399. But in reality the Parliament which deposed Richard II was the same institution that had done its utmost to suppress the most genuinely popular movement of the middle ages, the Peasant Revolt of 138r; it was quite as vigorously opposed to the "people" as to a despotic king. Mr. Adams' interpretation is, as he would probably be the first to admit, purely institutional, and as such it cannot fully explain the English constitution or the limited monarchy. For, as he has himself said elsewhere, there are two sets of causes in all institutional history. There are environmental conditions which make new institutions necessary, and there are old institutions upon which these conditions act to transform them into new institutions. Expressing the same fact in another way, we may say that there are two factors in the production of every crop of institutions, soil and seed, and both are necessary. An acorn dropped in the desert does not grow into an oak. Granted that the contract idea of feudalism is the germ whence has sprung the English limited monarchy, it does not of itself afford a sufficient explanation of the limited monarchy. There was the same idea in French feudalism, but the French monarchy became absolute, not limited. The soil, the environmental conditions, which enabled a conception common to all feudal relationships to grow in England alone into limited monarchy, with all that is implied in that term, lies outside the realm of institutional history proper. Mr. Adams rightly emphasizes the ecumenic character of the English constitution. Too often we allow ourselves to think of it as a system peculiar to England. In reality it belongs, in varying degrees, to almost every modem people either by inheritance or through adoption. Two facts explain the spread of English political institutions throughout the world. The first is the spread of the English race by colonization, carrying with it naturally and
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 * } or as we should say today the government, must obey them; and second that,


text: A Laboratory Manual of the Anatomy of the Rat/The Vascular System


text: Horae Sinicae: Translations from the Popular Literature of the Chinese


text: A Laboratory Manual of the Anatomy of the Rat/The Respiratory System


text: A Laboratory Manual of the Anatomy of the Rat/The Vascular System (Continued)


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{| width=100% cellpadding=5 border=0
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 * } vigorously in its task of mutual benefit

It is to be hoped that its labor will

produce good results since among its resources it may count upon some of the

best intelligence in the hemisphere. No small role in its work has been assigned to some distinguished countrymen of Dr. Malagarriga himself. To sum up, the book under consideration gives evidence of laborious study, a satisfactory assimilation on the part of the author of prevailing doctrines of law and an excellent comprehension of the matter as a whole. Nevertheless, there is a certain lack of maturity naturally due to the youth of the author, and a certain undue readiness to suspect others. It is to the interest of us all that the latter weakness be held in check, not alone among jurists but among all who write and speak Gunam o A. SmmwELL Brooklyn, New York

An Outline Sketch of English Constitutional History. By George Burton Adams. Published by Yale University Press, New Haven. 1918. pp. 2o& $1.75.

What Professor Adams has heretofore written on the EngliSh constitution has been addressed primarily to students and specialists in the field of medieval English constitutional history, and to them his teaching is well known. It is summed up in his Origin of the English Constitution, a work published in 1912. The present volume he clearly intends for a wider public. It is brief in compass, non-technical in language and not freighted with the paraphernalia of historical research wherewith to deter non-academic readers from its perusal. It should prove valuable and stimulating to all who desire to acquaint themselves with the origin and development of Anglo-American conceptions of government and liberty. It is, however, a popular treatise on the English limited monarchy, the subject with which Mr. Adams' research has been concerned, rather than what he calls it, an outline sketch of English constitutional history, and it contains no account of many institutions of government that fall within the scope of the title which he has chosen. What is most original and significant in Mr. Adams' teachingis explained in large measure by the point of view from which he first approached the study of English institutions. He is not an Englishman and unlilre the classical constitutional historians of England his outlook has never been insular. His starting point was not the history of England at all, but continental, and especially Frankish feudalism; and it was his belief that the English constitution is of feudal origin that first turned his attention to its study. The weight of recent expert opinion, based upon laborious investigations in the sources of medieival English institutional history, not a little of which Mr. Adams has himself inspired, undoubtedly supports his argument. According to this, the central government of England is of Norman-French rather than of Saxon origin, as the classical school held; modern English political institutions have grown out of the feudal assembly of the Anglo-Norman kings; and the limited monarchy is derived from the idea of contract implied in the feudal relationship between the king and his barons, an idea that was first given institutional expression in Magna Carta. What that much-quoted and much-misrepresented document really did, says Mr. Adams,"was to lay down two fundamental principles which lie at the present day, as clearly as in 1215, at the foundation of the English constitution and of all constitutions derived from it First that there exist in the state certain laws so necessarily at the basis of the political organization of the time that the king,


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Rh

cold,” he said. I joined the merry party upstairs, and was received by my Tilly with open, arms, and by my uncle Bonsor with an open, waistcoat. I partook in cheerful moderation of the snapdragon festivities of Christmas-eve. We all dined together on Christmas-day, and I helped the soup and carved a turkey, beautifully; and on the morrow, Boxing-day, was complimented by my uncle’s lawyer on my remarkably neat caligraphy, as displayed in the signatures to the necessary legal documents. On the twenty-seventh of December, eighteen, forty-six, I was married to my darling Tilly, and was going to live happy ever afterwards, when —really did wake in bed in this Haunted House—and found that I had been very much shaken on the railway coming down, and that there was no marriage, no Tilly, no Mary Seaton, no Van Plank, no anything but myself and the Ghost of the Ague, and the two inner windows of the Double Room rattling like the ghosts of two departed watchmen who wanted spiritual assistance to carry me to the dead and gone old Watch-house,

, with a modest self-possession quite her own, promptly answered for this Spectre in a low, clear voice:


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Soviet–Japanese Joint Declaration

JOINT DECLARATION BY THE UNION OF SOVIET SOCIALIST REPUBLICS AND JAPAN. SIGNED AT MOSCOW, ON 19 OCTOBER 1956

From 13 to 19 October 1956 negotiations were held at Moscow between the Delegations of the Union of Soviet Socialist Republics and Japan.

The following representatives of the Union of Soviet Socialist Republics took part in the negotiations:

 * N. A. Bulganin, Chairman of the Council of Ministers of the USSR.

 * N. S. Khrushchev, Member of the Presidium of the Supreme Soviet of the USSR.

 * A I. Mikoyan, First Vice-Chairman of the Council of Ministers of the USSR,

 * A. A. Gromyko, First Deputy Minister of Foreign Affairs of the USSR, and

 * N. T. Fedorenko, Deputy Minister of Foreign Affairs of the USSR.

The following representatives of Japan took part in the negotiations:

 * Prime Minister, Ichiro Hatoyama,

 * Ichiro Kono, Minister of Agriculture and Forestry, and,

 * Shunichi Matsumoto, Member of the House of Representatives.

In the course of the negotiations, which were held in an atmosphere of mutual understanding and co-operation, a full and frank exchange of views concerning relations between the Union of Soviet Socialist Republics and Japan took place. The Union of Soviet Socialist Republics and Japan were fully agreed that the restoration of diplomatic relations between them would contribute to the development of mutual understanding and co-operation between the two States in the interests of peace and security in the Far East.

As a result of these negotiations between the Delegations of the Union of Soviet Socialist Republics and Japan, agreement was reached on the following:

 * 1. The state of war between the Union of Soviet Socialist Republics and Japan shall cease on the date on which this Declaration enters into force and peace, friendship and good-neighbourly relations between them shall be restored.

 * 2. Diplomatic and consular relations shall be restored between the Union of Soviet Socialist Republics and Japan. For this purpose, it is intended that the two States shall proceed forthwith to exchange diplomatic representatives with the rank of Ambassador and that the question of the establishment of consulates in the territories of the USSR and Japan respectively shall be settled through the diplomatic channels.

 * 3. The Union of Soviet Socialist Republics and Japan affirm that in their relations with each other they will be guided by the principles of the United Nations Charter, in particular the following principles set forth in Article 2 of the said Charter:

 * (a) To settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered;

 * (b) To refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.

 * The USSR and Japan affirm that, in accordance with Article 51 of the United Nations Charter, each of the two States has the inherent right of individual or collective self-defence.

 * The USSR and Japan reciprocally undertake not to intervene directly or indirectly in each other's domestic affairs for any economic, political or ideological reasons.

 * 4. The Union of Soviet Socialist Republics will support Japan's application for membership in the United Nations.

 * 5. On the entry into force of this Joint Declaration, all Japanese citizens convicted in the Union of Soviet Socialist Republics shall be released and repatriated to Japan.

 * With regard to those Japanese whose fate is unknown, the USSR, at the request of Japan, will continue its efforts to discover what has happened to them.

 * 6. The Union of Soviet Socialist Republics renounces all reparations claims against Japan.

 * The USSR and Japan agree to renounce all claims by either State, its institutions or citizens, against the other State, its institutions or citizens, which have arisen as a result of the war since 9 August 1945.

 * 7. The Union of Soviet Socialist Republics and Japan agree that they will enter into negotiations as soon as may be possible for the conclusion of treaties or agreements with a view to putting their trade, navigation and other commercial relations on a firm and friendly basis.

 * 8. The Convention on deep-sea fishing in the north-western sector of the Pacific Ocean between the Union of Soviet Socialist Republics and Japan and the Agreement between the Union of Soviet Socialist Republics and Japan on co-operation in the rescue of persons in distress at sea, both signed at Moscow on 14 May 1956, shall come into effect simultaneously with this Joint Declaration.

 * Having regard to the interest of both the USSR and Japan in the conservation and rational use of the natural fishery resources and other biological resources of the sea, the USSR and Japan shall, in a spirit of co-operation, take measures to conserve and develop fishery resources, and to regulate and restrict deep-sea fishing.

 * 9. The Union of Soviet Socialist Republics and Japan agree to continue, after the restoration of normal diplomatic relations between the Union of Soviet Socialist Republics and Japan, negotiations for the conclusion of a Peace Treaty.

 * In this connexion, the Union of Soviet Socialist Republics, desiring to meet the wishes of Japan and taking into consideration the interests of the Japanese State, agrees to transfer to Japan the Habomai Islands and the island of Shikoton, the actual transfer of these islands to Japan to take place after the conclusion of a Peace Treaty between the Union of Soviet Socialist Republics and Japan.

 * 10. This Joint Declaration is subject to ratification. It shall enter into force on the date of the exchange of instruments of ratification. The exchange of the instruments of ratification shall take place at Tokyo as soon as may be possible.

the undersigned plenipotentiaries have signed this Joint Declaration.

in two copies, each in the Russian and Japanese languages, both texts being equally authentic.

Moscow, 19 October 1956.

By authorization of the Presidium of the Supreme Soviet of the Union of Soviet Socialist Republics:

By authorization of the Government of Japan:

title: Soviet–Japanese Joint Declaration


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18 army. They sent me to a vile place of incarceration called a “congee house,” where I was fed principally on rice-water, and at last I was conveyed to Bombay, tried by court-martial, sentenced, and publicly drummed out of my regiment as a coward. Yes, I, the son of a gentleman, and the possessor of a genteel private property, had the facings cut off my uniform, and, to the sound of the “Rogues’ March,” was dismissed from the service of the Honourable East India Company with ignominy and disgrace.

I can scarcely tell how I reached England again; whether a berth was given me, whether I paid for it, or whether I worked my passage home. I can only remember that the ship in which I was a passenger broke her back in Algoa Bay, close to the Cape, and became a total wreck. There was not the slightest danger; we were surrounded by large and small craft, and every soul on board was saved; but I shook so terribly and incessantly while the boats were leaving the vessel, that the whole ship’s company hooted and groaned at me when I was shoved over the side, and I was not allowed to go in the long-boat, but was towed alone and aft in the dingy to shore.

I took passage in another ship, which did nothing but shake all the way from the Cape to Plymouth, and at last I reached England. I yrrote innumerable letters to my friends and relatives, to Tilly and to my uncle Bonsor; but the only answer I received was a few formal lines from my uncle’s lawyer, telling me that my illegible scrawls had come to the hands of the persons for whom they were designed; but that no further notice could be taken of my communications. I was put into the possession of my property to the last penny, but it seems to me that I must have shaken it away either at dice or bagatelle, or ninepins or billiards. And I remember that I never made a stroke at the hitter game without hitting my adversary with the cue in the chest, knocking down the marker, sending the balls scudding through the windows, disarranging the scores, and cutting holes in the cloth, for which I had to pay innumerable guineas to the proprietor of the rooms.

I remember one day going into a jeweller’s shop in Regent-street to purchase a watch-key. I had only a silver one now, my gold repeater had been shaken away in some unaccountable manner. It was winter-time, and I wore an overcoat with long loose sleeves. While the shopkeeper was adjusting a key to my watch, my ague fit came upon me with demoniacal’ ferocity, and, to my horror and dismay, in catching hold of the counter to save myself, I tilted a trayful of diamond rings over. Some fell on the floor; but some, horror and anguish! fell into the sleeves of my overcoat. I shook so that I seemed to have shaken diamond rings into my hands, my pockets, my very boots. By some uncontrollable impulse I attempted flight, but was seized at the very shop door, and carried, shaking, to the police-station.

I was taken before a magistrate, and committed, still shaking, in a van, to gaol. I shook for some time in a whitewashed cell, when I was brought up, shaking, to the Central Criminal Court, and placed, shaking, on my trial for an attempted robbery of fifteen hundred pounds’ worth of property. The evidence was clear against me. My counsel tried to plead something about “kleptomania,” but in vain. My uncle Bonsor, who had come expressly up from Dover, spoke strongly against my character. I was found guilty; yes, I, the most innocent and unfortunate young man breathing, and sentenced to seven years’ transportation! I can recal the awful scene vividly to memory now. The jury in a body were shaking their heads at me. So was the judge, so was my uncle Bonsor, so were the spectators in the gallery; and I was holding on by the spikes on the ledge of the dock, shaking from right to left like ten thousand million aspen-leaves. My skull was splitting, my brain was bursting, when I was lying in a very uncomfortable position in a first-class carriage of the Dover mail -train; everything in the carriage was shaking; the oil was surging to and fro in the lamp; my companions were swaying to and fro, and the sticks and umbrellas were rattling in the network above. The train was “at speed,” and my frightful dream was simply due to the violent and unusual oscillation of the train. Then, sitting up, and rubbing my eyes, immensely relieved, but holding on by the compartments near me (so violently did the carriages shake from side to side), I began to remember what I had dreamed or heard of others’ dreams before; while at sea, or while somebody was knocking loudly at the door; and of the odd connexions between unusual sound and motion on the thoughts of our innermost souls. And again with odd distinctness I remember that at one period of my distempered vision, namely, when I was attested and examined as a recruit, I had remained perfectly still and steady. This temporary freedom from ague I was fain to ascribe to the customary two or three minutes’ stoppage of the train at Tunbridge Wells. But, thank Heaven, all this was but a dream!

“Enough to shake one’s head off!” exclaimed the testy old lady opposite, alluding to the oscillation of the train, as the guard appeared at the window with a shout of “!”

“Well, mum, it have bin a shaking most unusual all the way down,” replied that functionary. “Thought we should have bin off the line, more than once. Screws will be looked to to-morrow morning. ‘Night, sir!” this was to me: I knew the man well. “Merry Christmas and a happy new year! You’ll be wanting a fly to Snargatestone Villa, won’t you, sir? Now, por TEH!”

I did want that fly, and I had it. I paid the driver liberally, and did not scatter his money over the pavement. Mr. Jakes insisted upon my having something hot in the dining-room the moment I arrived. The weather was so “woundy


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21

, on being “spoke” (as his friend and ally, Jack Governor, called it), turned out of an imaginary hammock with the greatest promptitude, and went straight on duty. “As it’s Nat Beaver’s watch,” said lie, “there shall be no skulking.” Jack looked at me, with an expectant and admiring turn of his eye on Mr. Beaver, fall of complimentary implication. I noticed, by the way, that Jack, in a naval absence of mind with which he is greatly troubled at times, had his arm round my sister’s waist. Perhaps this complaint originates in an old nautical requirement of having something to hold on by.

These were the terms of Mr. Beaver’s revelation to us:

What I have got to put forward, will not take very long; and I shall beg leave to begin bv going back to last night just about the time when we all parted from one another to go to bed.

The members of this good company did a very necessary and customary thing, last night they each took a bedroom candlestick, and lit the candle before they went up-stairs. I wonder whether any one of them noticed that I left my candlestick untouched, and my candle unlighted; and went to bed, in a Haunted House, of all the places in the world, in the dark? I don’t think any one of them did.

That is, perhaps, rather curious to begin with. It is likewise curious, and just as


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Rh

being now my own turn, I “took the word,” as the French say, and went on:

When I established myself in the triangular garret which had gained so distinguished a reputation, my thoughts naturally turned to Master B. My speculations about him were uneasy and manifold. Whether his Christian name was Benjamin, Bissextile (from his having been born in Leap Year), Bartholomew, or Bill. Whether the initial letter belonged to his family name, and thai was Baxter, Black, Brown, Barker, Buggins, Baker, or Bird. Whether he was a foundling, and had been baptized B. Whether he was a lion-hearted boy, and B. was short for Briton, or for Bull. Whether he could possibly have been kith and kin to an illustrious lady who brightened my own childhood, and had come of the blood of the brilliant Mother Bunch?

W r ith these profitless meditations I tormented myself much. I also carried the mysterious letter into the appearance and pursuits of the deceased; wondering whether he dressed in Blue, wore Boots (he couldn’t have been Bald), was a boy of Brains, liked Books, was good at Bowling, had any skill as a Boxer, ever in his Buoyant Boyhood Bathed from a Bathing - machine at Bognor, Bangor, Bournemouth, Brighton, or Broadstairs, like a Bounding Billiard Ball?

So, from the first, I was haunted by the letter B.

It was not long before I remarked that I never by any hazard had a dream of Master B., or of anything belonging to him. But, the instant I awoke from sleep, at whatever hour of the night, my thoughts took him up, and roamed away, trying to attach his initial letter to something that would fit it and keep it quiet..For six nights, I had been worried thus in Master B.’s room, when I began to perceive that things were going wrong.

The first appearance that presented itself was early in the morning, when it was but just day - light and no more. I was standing shaving at my glass, when I suddenly discovered, to my consternation and amazement, that I was shaving not myself 1 am fifty but a boy. Apparently Master B.?

I trembled and looked over my shoulder; nothing there. I looked again in the glass, and distinctly saw the features and expression of a boy, who was shaving, not to get rid of a beard, but to get one. Extremely troubled in my mind, I took a few turns in the room, and went back to the looking-glass, resolved to steady my hand and complete the operation in which I had been disturbed. Opening my eyes, which I had shut while recovering my firmness, I now met in the glass, looking straight at me, the eyes of a young man of four or five and twenty. Terrified by this new ghost, I closed my eyes, and made a strong effort to recover myself. Opening them again, I saw, shaving his cheek in the glass, my father, who has long been dead. Nay, I even saw my grandfather too, whom I never did soe in my life.

Although naturally much affected by these remarkable visitations, I determined to keep my secret, until the time agreed upon for the present general disclosure. Agitated by a multitude of curious thoughts, I retired to my room, that night, prepared to encounter some new experience of a spectral character. Nor was my preparation needless, for, waking from an uneasy sleep at exactly two o’clock in the morning, what were my feelings to find that I was sharing my bed, with the skeleton of Master B.!

I sprang up, and the skeleton sprang up also. I then heard a plaintive voice saying, “Where am I? What is become of me?” and, looking hard in that direction, perceived the ghost of Master B.

The young spectre was dressed in an obsolete fashion: or rather, was not so much dressed as put into a case of inferior pepper-and-salt cloth, made horrible by means of shining buttons. I observed that these buttons went, in a double row, over each shoulder of the young ghost, and appeared to descend his back. He wor a frill round his neck. His right hand (which I distinctly noticed to be inky) was laid upon his stomach; connecting this action with some feeble pimples on his countenance, and his general air of nausea, I concluded this ghost to be the ghost of a boy who had habitually taken a great deal too much medicine.

“Where am I?” said the little spectre, in a pathetic voice. “And why was I born in the Calomel days, and why did I have all that Calomel given me?”

I replied, with sincere earnestness, that upon my soul I couldn’t tell him.

“Where is my little sister,” said the ghost, “and where my angelic little wife, and where is the boy I went to school with?”

I entreated the phantom to be comforted, and above all things to take heart respecting the loss of the boy he went to school with. I represented to him that probably that boy never did, within human experience, come out well, when discovered. I urged that I myself had, in later life, turned up several boys whom I went to school with, and none of them had at all answered. I expressed my humble belief tjiat that boy never did answer. I represented that he was a mythic character, a delusion, and a snare. I recounted how, the last time I found him, I found him at a dinner party behind a wall of white cravat, with an inconclusive opinion on every possible subject, and a power of silent boredom absolutely Titanic. I related how, on the strength of our having been together at “Old Doy lance’s,” he had asked himself to break - fast with me (a social offence of the largest magnitude); how, fanning my weak embers of belief in Doylance’s boys, I had let him in; and how, he had proved to be a fearful wanderer about the earth, pursuing the race of Adam with inex-


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Rh sued tlie phantom: never with this man’s stride of mine to come up with it, never with these man’s hands of mine to touch it, never more to this man’s heart of mine to hold it in its purity. And here you see me working out, as cheerfully and thankfully as I may, my doom of shaving in the glass a constant change of customers, and of lying down and rising up with the skeleton allotted to me for my mortal companion.

friend and solicitor rubbed his bald forehead which is quite Shakespearian with his hand, after a manner he has when I consult him professionally, and took a very large pinch of snuff. “My bedroom,” said he, “has been haunted by the Ghost of a Judge.”

“Of a Judge?” said all the company.

“Of a Judge. In his wig and robes as he sits upon the Bench, at Assize-time. As I have lingered in the great white chair at the side of my fire, when we have all retired for the night to our respective rooms, I have seen and heard him. I never shall forget the description he gave me, and I never have forgotten it since I first heard it.”

“Then you have seen and heard him before, Mr. Undery?” said my sister.

“Often.”

“Consequently, he is not peculiar to this house?”

“By no means. He returns to me in many intervals of quiet leisure, and his story haunts me.”

We one and all called for the story, that it might haunt us likewise.

“It fell within the range of his judicial experience,” said my friend and solicitor, “and this was the Judge’s manner of summing it up.”

Those words did not apply, of course, to the great pinch of snuff that followed them, but to the words that followed the great pinch of snuff. They were these:

Not many years after the beginning of this century, a worthy couple of the name of Huntroyd occupied a small farm in the North Riding of Yorkshire. They had married late in life, although they were very young when they first began to “keep company” with each other. Nathan Huntroyd had been farm servant to Hester Hose’s father, and had made up to her at a time when her parents thought she might do better; and so, without much consultation of her feelings, they had dismissed Nathan in somewhat cavalier fashion. He had drifted far away from his former connexions, when an uncle of his died, leaving Nathan by this time upwards of forty years of age enough money to stock a small farm, and yet to have something over to put in the bank against bad times. One of the consequences of this bequest was that Nathan was looking out for a wife and house - keeper in a kind or discreet and leisurely way, when, one day, he heard that his old love, Hester, was not married and flourishing, as he had always supposed her to be but a poor maid-of-all-work, in the town of Ripon. For her father had had a succession of misfortunes, which had brought him in his old age to the workhouse; her mother was dead; her only brother struggling to bring up a large family; and Hester herself, a hard-working, homely-looking (al thirty-seven) servant. Nathan had a kind ol growling satisfaction (which only lasted for minute or two, however) in hearing of these turns of Fortune’s wheel. He did not make many intelligible remarks to his informant, and to no one else did he say a word. But, a few days afterwards, he presented himself, dressed in his Sunday best, at Mrs. Thompson’s back door in Ripou.

Hester stood there in answer to the good ound knock his good sound oak stick made; she with the light full upon her, he in shadow. For a moment there was silence. He was scanning the face and figure of his old love, for twenty years unseen. The comely beauty of youth had faded away entirely; she was, as I iiave said, homely-looking, plain-featured, but with a clean skin, and pleasant, frank eyes. Her figure was no longer round, but tidily draped in a blue and white bedgown, tied round her waist by her white apron-strings, and her short red linsey petticoat showed her tidy feet and ankles. Her former lover fell into no ecstasies. He simply said to himself, “She’ll do;” and forthwith began upon his business.

“Hester, thou dost not mind me. I am Nathan, as thy father turned off at a minute’s notice, for thinking of thee for a wife, twenty year come Michaelmas next. I have not thought much upon matrimony since. But Uncle Ben has died, leaving me a small matter in the bank; and I have taken Nab-end Farm, and put in a bit of stock, and shall want a missus to see after it. Wilt like to come? I’ll not mislead thee. It’s dairy, and it might have been arable. But arable takes more horses than it suited me to buy, and I’d the offer of a tidy lot of kine. That’s all. If thou’lt have me, I’ll come for thee as soon as the hay is gotten in.”

Hester only said, “Come in, and sit thee down.”

He came in, and sat down. For a time she took no more notice of him than of his stick, bustling about to get dinner ready for the family whom she served. He meanwhile watched her brisk, sharp movements, and repeated to himself,


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529-537] Rome — the course followed by Zeno and Anastasius, and advised by Theodora — and the maintenance of friendly relations with the West at the price of meeting the Eastern Monophysite opposition with force. Justin had pursued this policy and Justinian had carried it on. But now, placed as he was between the Pope and the Empress, he found a change of policy necessary. A middle course seemed fraught with least difficulty, so he tried to find a neutral position which would allow him to recede from the Council of Chalcedon sufficiently to satisfy the dissidents, and so, without sacrificing his orthodoxy, to extinguish an opposition which troubled the Emperor as much as the theologian. This was the fundamental idea underlying his religious policy, in spite of variation, hesitations, and contradictions. Theodora suggested it to him, and it would have proved a fruitful conception if time had been allowed the Empress to finish her work; in any case it was an idea worthy of an Emperor.

From the time of his accession Justinian had busied himself in the attempt to find some common ground with the Monophysites. In 529 or 530, on Theodora's advice he recalled the fugitive or proscribed monks from exile, as a pledge of his good intentions. He invited to Constantinople Severus, the ex-patriarch of Antioch, for whom the Empress professed a passionate admiration, to seek with him for a way which might lead to an agreement. In 533 he arranged a conference in the capital "to restore unity," at which the heretics were to be treated with complete kindness and unalterable patience. Soon afterwards, in order to satisfy the Monophysites, he imposed on the orthodox clergy, after the theopaschite quarrel, a declaration of faith that has rightly been called "a new Henotikon." Further, he allowed the Monophysites complete liberty to spread their teaching, and not only in the capital but in the Sacred Palace itself heresy increased, thanks to the open protection of Theodora. When, in 535, the patriarchal throne became vacant, Epiphanius' successor was Anthemius, bishop of Trebizond, a prelate secretly attached to the Monophysite cause. Under the influence of Severus, who was in the capital, and a guest at the palace, the new patriarch pursued the policy approved by the religious leaders of the East, that is the same that Zeno and Anastasius had followed; while Theodora actively helped, and the Emperor gave a tacit consent.

But the orthodox position was restored by several events. In March 536 the energetic pope Agapetus came to Constantinople and boldly deposed Anthemius; the Council of Constantinople anathematised the heretics with no uncertain pronouncement soon after (May 536), while the apostolic legate Pelagius acquired in the following years considerable influence over Justinian. Towards the end of 537 persecution of the Monophysites broke out again: bonfires were lighted in Syria, Mesopotamia, and Armenia, and it was boasted that heresy had been rooted out by severity and tortures. Even Egypt, the Monophysite


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46 stronghold, was not spared. The patriarch Theodosius, one of Theodora's protégés, was torn from his see, driven into exile (538) and replaced by a prelate fitted to inspire respect for orthodoxy by means of terror. Egypt bent under his iron hand. Even the monks accepted the Council of Chalcedon; and Justinian and Pelagius flattered themselves that they had beaten down heresy (540).

Although the Emperor returned to the Roman side in the dispute, he had no intention of giving up for that reason the supreme authority which he considered his due, even over the Papacy. Silverius, successor of Agapetus, had made the great mistake of allowing himself to be elected by Gothic influence just when Theodora wanted her favourite, the deacon Vigilius, to be elevated to the pontifical throne. Belisarius accepted the uncongenial task of paying off imperial grudges towards the new pope. In March 537 Silverius was arrested, deposed, and sent into exile on an imaginary charge of treason. Vigilius was unanimously elected in his place under pressure from Byzantium (29 March 537).

The Empress counted on her protégé to carry out her revenge for the repulse of 536. But once installed, Vigilius made delays, and in spite of Belisarius' summons to carry out his promises, finally refused to accomplish any of the plans expected of him. At the same time, Monophysitism was spreading in the East in spite of the severity of the edicts of 541 and 544. Justinian had taken what he thought to be the wise measure of assembling the heretical leaders in Constantinople, where they would be in his power, and under the eye of the police. But Theodora soon procured a return to court favour for the exiles. The Emperor willingly made use of their enthusiastic zeal, and sent them to convert the pagans of Nubia (540), to struggle with those of Asia Minor (542), and to establish Christianity amongst the Arabs of Syria (543). Theodora did still more. Thanks to her efforts Jacob Baradaeus, who had been secretly consecrated bishop of Edessa (543), was able to continue the work of reorganising the Monophysite Church throughout the East. Active and indefatigable, in spite of the harshness of the enraged police who dogged his track, he was able to reconstruct the scattered communities in Asia, Syria, and Egypt, to give them bishops and even a leader in the patriarch whom he ordained at Antioch in 550. It was owing to him that a new Monophysite Church was founded in a few years, which took the name of its great founder, and henceforth called itself Jacobite.

This unexpected revival changed Justinian's plans once more. Again his old dream of unity seemed to him to be more than ever necessary for the safety of the State as well as for the good of the Church. Thus, when Theodore Askidas, bishop of Caesarea, drew his attention, among the writings approved by the Council of Chalcedon, to those of the three men Theodore of Mopsuestia, Theodoret of Cyrrhus, and Ibas of Edessa, as notoriously tainted with Nestorianism, he was easily persuaded that


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543-551] to condemn the Three Chapters would be to create an easy and orthodox way to dissipate the Monophysite distrust of the Council "renewed and purified." And since Pelagius was no longer there to counterbalance Theodora's influence, and as the heretics joyfully welcomed any scheme which injured the authority of Chalcedon, the Emperor pronounced the anathema against the Three Chapters by an edict of 543.

It was still necessary to obtain the adhesion of the Papacy; but this did not trouble the Emperor. It was essential to remove the pope from his Roman surroundings, which were hostile to the designs of the Greek theologians, and to put him in the Emperor's power. Therefore Vigilius was carried off from Rome in the midst of a display of the troops (November 545) and transported under escort to Sicily, whence he travelled slowly towards Constantinople. He arrived at the beginning of 547, and soon yielded to the importunities of the basileus, the energetic summons of Theodora, and the subtle entreaties of the court theologians. He promised "to set their minds at rest" by condemning the Three Chapters, and he published his Judicatum on Easter Eve 548. This, while formally maintaining the authority of the Canons of Chalcedon, condemned no less clearly the persons and writings of the three guilty doctors. This was Theodora's last triumph. When she died soon after (June 548) she could think that her highest hopes were realised, in the humiliation of the Apostolic See and the constant progress of the Monophysite Church.

When the news of these events at Constantinople spread to the West, there was a general protest against Vigilius' conduct in Africa, Dalmatia, and Illyricum. Justinian was unmoved. By an imperial edict bearing the date of 551 he solemnly condemned the Three Chapters a second time, and set himself to overcome all opposition by the use of force. The most recalcitrant bishops in Africa were deposed, and the rest appeased by means of intrigues; and since Vigilius, alarmed at what he had done, insistently clamoured for an oecumenical council to settle the dispute, strong measures were taken against him. In the month of August 551 the church of St Peter in Hormisda, where he had taken refuge, was entered by a band of soldiers, who dragged the clerics composing the pontifical train from the sanctuary. Vigilius was clinging to the altar pillars; he was seized by the feet and the beard, and the ensuing struggle was so desperate that the altar was pulled over and fell, crushing the pope beneath it. At the sight of this dreadful occurrence the assembled crowd cried out in horror, and even the soldiers hesitated. The Praetor decided to beat a retreat; the plan had miscarried. But the pope was nothing more than the Emperor's prisoner. Surrounded by spies, fearing for his liberty, even for his life, Vigilius decided to flee. On a dark night (23 Dec. 551) he escaped from the Placidian Palace with a few faithful followers, and sought refuge in the church of


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52 of the Byzantine Caesar is not equally worthy of praise it must not be forgotten that his intentions were generally good, and worthy of an Emperor. There is an undeniable grandeur in his wish to restore the Roman traditions in every branch of the government, to reconquer the lost provinces, and to recover the imperial suzerainty over the whole barbarian world. In his wish to efface the last trace of religious quarrels he shewed a pure feeling for the most vital interests of the monarchy. In the care which Justinian took to cover the frontiers with a continuous network of fortresses, there was a real wish to assure the security of his subjects; and this solicitude for the public good was shewn still more clearly in the efforts which he made to reform the administration of the State. Furthermore, it was not through vanity alone, or because of a puerile wish to attach his name to a work great enough to dazzle posterity, that Justinian undertook the legal reformation, or covered the capital and Empire with sumptuous buildings. In his attempt to simplify the law, and to make justice more rapid and certain, he undoubtedly had the intention of improving the condition of his subjects: and even in the impetus given to public works we can recognise a love of greatness, regrettable in its effects perhaps, but commendable all the same because of the thought which inspired it.

Certainly the execution of these projects often compared unfavourably with the grandiose conceptions which illuminated the dawn of Justinian's reign. But however hard upon the West the imperial restoration may have been, however useless the conquest of Africa and Italy may have been to the East, Justinian none the less gave the monarchy an unequalled prestige for the time being, and filled his contemporaries with admiration or terror. Whatever may have been the faults of his diplomacy, none the less by that adroit and supple combination of political negotiations and religious propaganda he laid down for his successors a line of conduct which gave force and duration to Byzantium during several centuries. And if his successes were dearly bought by the sufferings of the East and the widespread ruin caused by a despotic and cruel government, his reign has left an indelible mark in the history of civilisation. The Code and St Sophia assure eternity to the memory of Justinian.


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 CHAPTER III

ROMAN LAW

Roman Law is not merely the law of an Italian Community which existed two thousand years ago, nor even the law of the Roman Empire. It was, with more or less modification from local customs and ecclesiastical authority, the only system of law throughout the Middle Ages, and was the foundation of the modern law of nearly all Europe. In our own island it became the foundation of the law of Scotland, and, besides general influence, supplied the framework of parts of the law of England, especially of marriage, wills, legacies, and intestate succession to personalty. Through their original connexion with the Dutch, it forms a main portion of the law of South Africa, Ceylon and Guiana, and it has had considerable influence in the old French province of Louisiana. Its intrinsic merit is difficult to estimate, when there is no comparable system independent of its influence. But this may fairly be said: Roman Law was the product of many generations of a people trained to government and endowed with cultivated and practical intelligence. The area of its application became so wide and varied that local customs and peculiarities gradually dropped away, and it became law adapted not to one tribe or nation but to man generally. Moreover, singular good fortune befell it at a critical time. When civilisation was in peril through the influx of savage nations, and an elaborate and complicated system of law might easily have sunk into oblivion, a reformer was found who by skilful and conservative measures stripped the law of much antiquated complexity, and made it capable of continued life and general use without any breach of its connexion with the past.

Sir Henry Maine has drawn attention to its influence as a system of reasoned thought on other subjects: "To Politics, to Moral Philosophy, to Theology it contributed modes of thought, courses of reasoning, and a technical language. In the Western provinces of the Empire it supplied the only means of exactness of speech, and still more emphatically, the only means of exactness, subtlety, and depth in thought."

Gibbon in his 44th Chapter has employed all his wit and wealth of allusion to give some interest to his brief history of Roman jurisprudence and to season for the lay palate the dry morsels of Roman Law. The present chapter makes no such pretension. It is confined to a notice of


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A DRAMA IN FIVE ACTS

WRITTEN BY

LJUBLJANA 1910

PUBLISHED BY L. SCHWENTNER

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54 the antecedents and plan of Justinian's legislation, and a summary of those parts of it which are most connected with the general society of the period or afford some interest to an English reader from their resemblance or contrast to our own law. Unfortunately a concise and eclectic treatment cannot preserve much, if anything, of the logic and subtlety of a system of practical thought.

The sources of law under the early Emperors were Statutes (leges), rare after Tiberius; Senate's decrees (senatus consulta), which proposed by the Emperor took the place of Statutes; Edicts under the Emperor's own name; Decrees, i.e. his final decisions as judge on appeal; Mandata, instructions to provincial governors; Rescripta, answers on points of law submitted to him by judges or private persons; the praetor's edict as revised and consolidated by the lawyer Salvius Julianus at Hadrian's command and confirmed by a Senate's decree (this is generally called The Edict); and finally treatises on the various branches of law, which were composed, at any rate chiefly, by jurists authoritatively recognised, and which embodied the Common Law and practice of the Courts. By the middle of the third century A.D. the succession of great jurists came to an end, and, though their books, or rather the books written by the later of them, still continued in high practical authority, the only living source of law was the Emperor, whose utterances on law, in whatever shape whether oral or written, were called constitutiones. If written, they were by Leo's enactment (470) to bear the imperial autograph in purple ink.

Diocletian, who reformed the administration of the law as well as the general government of the Empire, issued many rescripts, some at least of which are preserved to us in Justinian's Codex, but few rescripts of later date are found. Thereafter new general law was made only by imperial edict, and the Emperor was the sole authoritative interpreter. Anyone attempting to obtain a rescript dispensing with Statute Law was (384) to be heavily fined and disgraced.

The imperial edicts were in epistolary form, and were published by being hung up in Rome and Constantinople and the larger provincial towns, and otherwise made known in their districts by the officers to whom they were addressed. There does not appear to have been any collection of Constitutions, issued to the public, until the Codex Gregorianus was made in the eastern part of the Empire. (Codex refers to the book-form as opposed to a roll.) This collection was the work probably of a man named Gregorius, about the end of the third century. In the course of the next century a supplement was made also in the Eastern Empire and called Codex Hermogenianus, probably the work of a man of that name. Both contained chiefly rescripts. A comparatively small part of both has survived in the later codes and in some imperfectly preserved legal compilations. During the fourth century, perhaps — as Mommsen thinks — in Constantine's time, but with later additions, a compilation was made in the West, of which we


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Rh have fragments preserved in the Vatican Library. They contained both branches of law, extracts from the jurists Ulpian, Paul, and Papinian, as well as Constitutions of the Emperors.

At length the need of an authoritative statement of laws in force was so strongly felt that the matter was taken up by government. Theodosius II, son of the Emperor Arcadius, having previously taken steps to organise public teaching in Constantinople, determined to meet the uncertainties of the law courts by giving imperial authority to certain text writers and by a new collection of the Statute Law. The books of the great lawyers, Papinian, Paul, and Ulpian and of a pupil of Ulpian, Modestinus, were well known and in general use. Another lawyer rather earlier than these, of whom we really know nothing, except his name (and that is only a praenomen), Gaius, had written in the time of Marcus Antoninus in very clear style a manual, besides other works of a more advanced character. The excellence of this manual brought it into general use and secured for its author imperial recognition on a level with the lawyers first named. Another work in great general use was a brief summary of the law by Paul known under the name of Pauli Sententiae. All these lawyers were in the habit of citing the opinions of earlier lawyers and often inserting extracts from them in their own works. Theodosius (with Valentinian, then seven years old) in A.D. 426 addressed to the Senate of Rome an important and comprehensive Constitution, intended to put what may be called the Common Law of Rome on a surer footing. He confirmed all the writings of Papinian, Paul, Gaius, Ulpian, and Modestinus, and added to them all the writers whose discussions and opinions were quoted by these lawyers, mentioning particularly Scaevola, Sabinus, Julian, and Marcellus. The books of the five lawyers first named were no doubt in the hands of judges and advocates generally, but the books of the others would be comparatively rare, and a quotation from them would be open to considerable doubt. It might contain a wrong reading or an interpolation or even a forgery. Theodosius therefore directed that these older books should be admitted as authorities, only so far as they were confirmed by a comparison with manuscripts other than that produced by the advocate or other person alleging their authority.

But Theodosius went further. If the writers thus authoritatively recognised were found to differ in opinion, the judge was directed to follow the opinion of the majority, and if the numbers on each side were equal, to follow the side on which Papinian stood and disregard any notes of Paul or Ulpian contesting Papinian's opinion, but Paul's Sententiae were always to count. If Papinian's opinion was not there to decide between equal numbers of authorities, the judge must use his own discretion.

The great portion of law which had been set forth in text-books as reasonable and conformable to precedent and statute having thus been sanctioned, and rules given for its application, Theodosius turned his attention to the Statute Law itself. The jurists had in their various


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70 The protection of minors, mentioned above, was an interesting feature of Roman Law but must often have been very embarrassing in practice. Whatever business a minor had conducted, a sale, a purchase, a loan, a pledge, acceptance of an inheritance, agreement to an arbitration, etc., if it was shewn that he had been in any way deceived or overreached or had suffered from want of due vigilance, application might be made to the Court, to have the matter rescinded, provided he had not acted fraudulently and there was no other remedy. The Court heard the parties, and if it found the claim just, put the parties back, so far as possible, into their old positions. This was called in integrum restitutio. The application had to be made within (originally) one year after the minor's completing his twenty-fifth year, and would be rejected if after this age he had in any way approved his former act or default. Justinian extended the period to four years.

A similar reinstatement was sometimes granted to persons of full age, if it were shewn that they had suffered serious loss owing to absence on the public service, or to captivity, or fraud, or intimidation. Or the reverse might be the case: similar absence of others might have prevented plaintiff from bringing a suit or serving a notice within the proper time: reinstatement might then sometimes be obtained.

A person, who had been taken captive by the enemy and returned home with the intention of remaining, was held to re-enter at once into his old position, his affairs having been in the meantime in a state of suspense. This was called the law of postliminium (reverter). His own marriage was however dissolved by his captivity, as if he were dead, though his relation to his children was only suspended till it was known whether he would return.

Slaves and other chattels taken by the enemy, if brought back into Roman territory, similarly reverted to their former owners subject to any earlier claims which attached to them. Anyone who ransomed them from the enemy had a lien for the amount of the ransom.

was often preceded by betrothal, that is by a solemn mutual promise. The consent of the parties was required, but, if the woman was under her father's power, she was presumed to agree to his act unless she plainly dissented. The age of seven was deemed necessary for consent. The restrictions on marriage applied to betrothal, and a betrothed person was for some purposes treated in law as if married. Betrothal was usually accompanied by gifts, as earnest from or on behalf of each party to the other. If the receiver died, the giver had a right to its return, unless a kiss had passed between them, when the half only could be recovered (336). Breach of the contract without good cause, such as lewd conduct, diversity of religion, etc., previously unknown to the other, at one time involved a penalty of fourfold (i.e. the earnest


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Rh and threefold its value), but in the fourth century this was remitted altogether, if the father or other ascendant of a girl, betrothed before she was ten years old, renounced the marriage, and in the fifth century (472) it was reduced generally to twofold. Delay for two years to fulfil the promise was a sufficient justification for the girl’s marrying another.

Marriage in Roman Law is the union of life of man and woman for the purpose of having children as members of a family in the Roman Commonwealth. Both must be citizens of Rome or of a nation recognised for this status by the Romans; they must be of the age of puberty; if independent, must give their own consent, if not, their father must consent. Nuptias non concubitus sed consensus facit was the dominant rule of Roman Law. It was the avowed purpose of such a union and public recognition that distinguished marriage from concubinage. In earlier times the woman passed by one of several forms with all her property into the power (manus) of her husband and occupied the position of a daughter. Gradually a freer marriage was developed, by which the woman did not become part of her husband's family, but remained either under her father's power, or independent, and controlled, with the aid of a guardian for a time, her own property, except so far as she had given part as dowry. The ceremonials, which accompanied the old forms of marriage, gradually went out of use and had apparently ceased in or by the third century. The only external mark of marriage was then the woman's being led into her husband's house, and thus the paradoxical statement could be made that a woman could be married in the absence of her husband, but a husband could not be married in the absence of his wife. The settlement of a dowry grew to be, and was made by Justinian, a decisive characteristic of marriage, though its absence did not prevent a union otherwise legal and formed with the affection and intention of marriage from being such in the eye of the law.

Marriage, and of course also betrothal, could take place only between free persons, not of the same family, and not otherwise closely connected. The old law was reaffirmed by a constitution of Diocletian (295), which expressly forbad marriage of a man with his ascendants or descendants or aunt or sister or their descendants or with step-daughter, step-mother, daughter-in-law, mother-in-law or others forbidden by the law of old. A woman was forbidden to marry the corresponding relatives. Such marriage were incestuous. Relationship formed when one or both parties were slaves was equally a bar. Constantius (342) also forbad marriages with brother's daughter or grand-daughter and (in 355) marriage with brother's widow or wife's sister — a prohibition repeated in 415. The marriage of first cousins, forbidden with the approval of St Ambrose by Theodosius about 385, was relieved from extreme penalty (of fine) by his sons in 396, and expressly permitted in 405. Justinian (530) forbad marriage with a god-daughter. No change was made in the old law which permitted a step-son of one parent to marry a


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 All rights (for translation, performance, etc.) are exclusively

reserved by the publisher—L. Schwentner in Ljubljana.

For the stage—manuscript.

Printed by A. Slatnar in Kamniku.

title: Page:Ivan Cankar - Hlapci.pdf/2


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 TG 1.1 had the following three task units, listed below with the ships on which they were based.

 * TU 1.1.1 (Laboratory Unit)
 * -- USS Albemarle (AV-5) (Flagship)
 * -- LCT-1359
 * -- LSM-60 (BAKER surface zero vessel)

 * TU 1.1.2 (Instrumentation Unit)
 * -- USS Avery Island (AG-76)
 * -- USS Burleson (APA-67)
 * -- USS Cumberland Sound (AV-17)
 * -- USS Haven (AH-12)
 * -- USS Kenneth Whiting (AV-14)
 * -- USS Wharton (AP-7)

 * TU 1.1.3 (Drone Boat Unit)
 * -- USS Begor (APD-127)

Task Group 1.2 (Target Vessel Group)

 * TG 1.2 did the following:

 * Prepared and placed target vessels for tests

 * Salvaged and provided rescue assistance to damaged, strained, or distressed vessels

 * Evacuated ships at time of tests

 * Furnished boats and boat crews to the boat pool

 * Provided boats from target vessels for radsafe reconnaissance and transport of initial inspection parties.

TG 1.2 was composed of seven task units during the testing period: their respective ships are listed in Table 1. USS Fall River (CA-131) was the flagship for TG 1.2. Not all TG 1.2 ships were target ships, although most were. Nontarget ships listed supported preparation, placement, and salvage of the targets. An eighth task unit, TU 1.2.12 (Kwajalein Maintenance Force), provided radiological decontamination and ammunition removal and disposal services for the JTF 1 ships moved from Bikini to Kwajalein during August and September 1946. Other activities included rollup of operations at Bikini, radiological survey of marine life around Wotho, Rongerik, and Rongelap islands, preparation of ships for movement to other shipyards, and aid in the training of radiological safety school graduates who had been sent to Kwajalein for practical experience. The unit initially consisted of about 1,500 men based ashore and on assorted small craft as well as the following vessels:

34

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Page:Ancient armillae of gold recently found in Buckinghamshire and in North Britain; with notices of ornaments of gold discovered in the British Islands (IA b31941461).pdf/4

 GOLD ORNAMENTS.

Torc-armilla found at Wendover Dean

Ancient armillae of gold - No 1.png

No. 1.

Size of original. Weight, 4 ozs. 12 dwts

Robert Fox, Esq.

Found at St. Albans.

Ancient armillae of gold - No 2.png

No 2.

Much reduced.

Weight, 20 guineas.

From Camden's Brit. by Gough.


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154 Another great change took place about the same time. One reason why Charles Martel made grants of ecclesiastical property to his warriors was that they had now to support great expense. They served in his armies no longer as foot soldiers but as cavalry, and their equipment was very costly. The revenue of the lands which were granted to them served as an indemnity against the expenses of military service. Thus it came to be considered that the benefice carried with it the obligation of military service. Under Charles the Great, the holders of royal lands were bound to be first at the muster; and before long it was an understood thing that, when a private person who had granted benefices marched to the wars, all his beneficiaries, who were also his vassals, must accompany him. Thus at the end of the Merovingian period the characteristics of the later fief are taking shape. The eleventh century fief is the direct descendant of the eighth century benefice, of which we have just traced the origin.

Another characteristic of the fief is that the holder of it exercises thereon all the powers of the State: he levies taxes, administers justice, and summons the men of the fief to follow him to war. Now even in the Merovingian period on some of the great domains the State resigned a portion of its rights to the proprietor or seignior, and thus we find present, from this time onward, all the germs of the feudal system. We have seen how great were the powers of the count and the other royal officials: they often abused these powers, and the proprietors of the great estates complained to the king of their tyranny. In many cases the king listened to their complaints and gave them charters of immunity, forbidding all public officials to enter their estates, to claim right of lodging, to try causes, to levy the fredus or other impost, or to compel the men to attend the muster of the royal army. Thenceforward the men of this privileged territory had nothing more to do with the agents of the government; the agents of the proprietor took their place; and before long the proprietor himself levied the former state-taxes, judged cases in his private court, and regarded it as within his competence to deal with all offences committed upon his domain. He led his men in person to join the royal army, and he was naturally tempted to use them also in the prosecution of his private quarrels. If we remember the extent of some of the domains, which comprised a number of villae and were sometimes as large as a modern canton, we see how great was the area which was withdrawn from the authority of the royal officials, if not from that of the king himself. The estates which enjoyed these immunities were veritable seigniories. Alongside of the institutions of the State there had thus arisen another set of institutions which came into collision with the former and brought about the decay of the authority of the State. All the elements of feudalism — commendations, benefices, and immunities — are in existence without its being possible to say that feudalism is as yet constituted, because the elements are not combined into a system.


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Rh But before this system came into operation Charles the Great was to re-establish a strong centralised government; he was to make these social forces serve the interests of the State itself, and by his genius was to restore with incomparable brilliancy that Frankish monarchy which at the close of the Merovingian period had seemed likely to disappear.

The Merovingian period as a whole is without doubt a melancholy period. It marks in history what must be called an eclipse of civilisation, and it deserves to be described as a barbaric era. Nevertheless, it must not be imagined that the two hundred and seventy years which it includes were, so to speak, sunk in unbroken gloom. Even in this period it is possible to note some facts concerning industry and commerce, arts and letters.

Industry found refuge chiefly in the country districts, where each estate produced for itself all the supplies necessary to agricultural work and common life. The towns themselves took on a country-like air. The ancient buildings — temples, basilicas, baths — had been destroyed during the invasions and their ruins lay on the ground; the only considerable buildings now erected were churches. A sparse population occupied rather than filled the space surrounded by the half-ruined walls. Many houses had disappeared and wide areas lay vacant; these were turned into fields or vineyards, and thus in the interior of formerly populous cities there were closes and culturae. Outside the ramparts there rose, in many cases, a high-walled monastery — a sacred city alongside of the secular city — and these monasteries became new centres of population. Within the decayed cities we nevertheless find, at all events at first, some traces of industry. There is mention in the sixth and seventh centuries of workshops for the manufacture of cloth at Trèves, at Metz, and at Rheims. There were also potteries, and numerous specimens of their art have been found in the tombs. The Merovingians had a taste for finely wrought arms, for sword-belt buckles of damascene work, for jewellery, and gold-plate. The Merovingian goldsmiths were skilful. Eligius, son of a minter at Limoges, attained by the aid of his art to the highest posts; he became the counsellor of Dagobert and bishop of Noyon. There was also in the Merovingian period a certain amount of commercial activity. The Franks imported from abroad spices, papyrus, and silk fabrics. This merchandise was either brought to the ports of Marseilles, Arles, and Narbonne, or came by way of the Black Sea and the Danube. In the time of Dagobert a Frankish merchant named Samo went to trade on the banks of the Elbe, and there formed a great Slav kingdom which had its centre in Bohemia, and extended from the Havel to the Styrian Alps. The merchants of the town of Verdun formed an association in the time of Theudibert, about 540. The king aided them by lending them, at the request of the bishop Desiderius, 7000 aurei. They were thus enabled to put their business on a sound footing,


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 GOLD ORNAMENTS.

Found at Largo, in Fifeshire.

Ancient armillae of gold - No 3.png

No. 3.

Size of original.

Weight, 8 dwts. 4 g's.: = 196 grs.

Richard Dundas, Esq., of Arniston.


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574] confirm nor contradict its details. The duke Cleph of the family of Beleos was now made king by the Lombards at Pavia, but was murdered after one and a half years' reign (574). Lombard bands spread further in middle and southern Italy, but so small was the need of a single leader that they chose no more kings, but every one of the dukes, 35 in number, reigned independently in his own district.

These dukes, called duces by our authorities, but whose Lombard titles we do not know, are not to be confounded with the duces in the Tacitean sense. We must picture them as leaders of a military division chosen by the king from among the nobles. Their position changed naturally, when the Lombard people was no longer on march, but the same clans were garrisoned permanently in the same town, as the saga of Gisulf's appointment in Friuli exemplifies, and occupied permanently the same district, living on its produce. These districts generally coincided with the Roman division in civitates, and a walled town formed the centre. Probably these towns were at first used as victualling stations, managed in a more or less regular manner, sometimes perhaps by imposing payment of a third on the peasants of the district. But this could only be considered a transition state, preparing the way for definite settlement. The fierce Lombards had not come as federates or friends like the Goths, but as enemies, and treated the Romans jure belli.

The Roman freeman — the curialis who owned a moderate property in the town or the great landowner in the country — had fled, or had been killed or enslaved, and only the great mass of working people, the coloni, and the agricultural slaves, had been left on the soil, though many had perished during the terrors of war. When the Lombards began to settle, they divided the land, with all its bondmen, as far as it had not been entirely devastated, between the free Lombards, who thereby took the place of the Roman landlords. The coloni were considered as aldiones, as half-freemen, and paid tribute and did socage service for the Lombards as they had done for the Romans before. Of course the possessions of the Catholic Church, which was the Church of the Roman State, fell under the same lot of division. The dukes claimed for themselves all the public land with its traditional duties as well, but every free Lombard warrior was entitled to part of the booty, and therefore became also a landowner. In this way the local division in all those parts which had not been totally devastated, and which were ploughed again after a time, suffered no change. The culture was much the same, with the one difference that the Lombards, having brought great herds of cattle, especially swine, from Pannonia, attached more importance within the manor to stock-management and cattle-breeding than the Romans had done. The towns and municipal settlements were likewise unchanged, because the Lombards, who had known stone buildings only upon Roman soil, accommodated themselves to the conditions of a


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198 higher culture. It is certain that regard was paid to the connexion between the fara (clan) in every settlement, but on the other hand it was just the manorial and municipal settlement which entirely destroyed the connexion within the fara, so that the rest of the original clan-organisation soon disappeared. Two of the duchies were somewhat different in origin and organisation from those of the north of Italy, the "great duchies" of Spoleto and Benevento. They did not go back to the time of conquest in common, but were founded by independent enterprises of Lombard bands, who had severed from the great mass under command of their chiefs and invaded the land on their own account. They were much larger in extent than one civitas, so that here the civitas forms a subdivision of the duchy.

In the year 575 or 576 the patrician Baduarius, son-in-law to the Emperor Justin, and his army were entirely beaten by the Lombards. They approached Ravenna, the duke Faroald even occupied for a time Classis, its port, destroyed the Petra Pertusa,, which defended the Via Flaminia, and thereby forced the passage of the Apennines. Faroald occupied Nursia, Spoleto, and other towns and installed an Arian bishop in Spoleto, which was now the centre of his duchy. Another duke, Zotto, who with his partly heathen bands inundated the province of Samnium and spread terror all around, settled down in Benevento. The connexion between Ravenna and Rome was interrupted at times; even Rome was besieged in the year 579, but the Lombards were obliged to give up the siege as well as that of Naples two years later, because Roman walls, kept in good condition and provided with a sufficient number of defenders, were impregnable to them. During the next years the two dukedoms took a still wider range, limited only by Rome with its surroundings and by Byzantine seaport-towns, which could not be taken from the land side. During the kingless time Benevento and Spoleto grew so strong that they were able to keep up their independence.

In the north of Italy too the incoherent government of the dukes did not permit any uniform action. Even in Alboin's time various troops had detached themselves and pillaged in Gaul, but upon the whole these adventurers had no success against Mummolus, commander-in-chief of the Burgundian king Guntram. The Saxons, who did not want to assimilate with the Lombards and intended to make their way home through the land of the Franks, were likewise beaten in the following years.

But these bands had shewn the way into the neighbouring kingdom to the dukes of North Italy. Some of these marched into the upper valley of the Rhone and were beaten by the Burgundians near Bex (574) and no better did they fare next year, as they were repulsed by Mummolus, after having laid waste the land between the Rhone, the Isere and the Alps. At this time Susa and Aosta, the most important passage over the West Alps, seem to have fallen into the hands of the Franks,