Seventeenth-Century British Ecclesiastical Judge Praises Civil Law of Rome

In this volume, Robert Wiseman describes the "perfect, absolute, and...rational" Civil Law of Rome as the Empire's greatest achievement. This work was originally published in 1656, but this edition was published two years after Wiseman's death.

[LAW.] Robert Wiseman, The Law of Laws: Or, The Excellency of the Civil Law, Above all other Humane Laws Whatsoever. Shewing of how great Use and Necessity the Civil Law is to this Nation. London: R. Royston, 1686. 352 pp., 4.5" x 7". Condition: Rebound; contents tight; very good.

Excerpts
"There is nothing under the Sun, that doth more conduce to the Prosperity and Peace of a Nation, than fitting and well-composed Laws." (p1)

"There is nothing therefore upon which a controversie may be raised in our dealings with one another in this life, but to cast the right where it ought to go, there may be found out in the study of the Civil Law, that, which though it was a Law to the Romans onely, yet has it the force of profound, pure, solid reason to all other men; so perfect, absolute, and so rational a systeme is it of all humane affairs and dealings whatsoever." (p89)

"Neither does it derogate from the clemency of the Civil Law, that it seems to deal so sharply with those (against whom there are grounds enough to suspect them of some enormous crimes whereof they are accused, but not evidence full enough to condemn them) as to allow such persons to be set upon the rack thereby to manifest their innocence by an obstinate denial, or to discover their guilt by a plain confession. For the onely ground of this austere proceeding was a great tenderness not take away the lives of any, but upon most manifest and undeniable proof; and yet with a care notwithstanding, that for want of such full and clear proof (which offenders through their secret workings would always labour to prevent) offences should not go unpunished, to the endangering of the publick peace and welfare of other men." (p122-123)

"And well it is observed and delivered by many later writers, that in the Roman Empire, the greatness thereof is rather to be imputed and ascribed to the wisedom of their Laws and Government, than to their arms and valour.... it was their wise government in peace, as well as their success in war that did so highly advance this City; for what their arms did get, their Laws did keep...." (p166-167)

"Likewise Slavery, as it was under the Romans, not suiting with Christian Religion (which looks upon all men alike, proceeding from one common parent, and created for one and the same end) is in all Christian Nations worn out and abolished. Because it seems to be against Christian charity, and that brotherly communion which we stand obliged by to one another, to exercise such an absolute domination over any, that nature and religion has made our equals." (p239)

Robert Wiseman (1610-1684) was an English judge and jurist. He was knighted in 1661. From 1672 to 1684, he was the Dean of the Arches, the judge who presides in the provincial ecclesiastical court of the Archbishop of Canterbury, making that person the senior ecclesiastical judge of the Church of England.

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