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grave does, indeed, report one or two noteworthy discoveries. Kaseem, he found the remains of a very ancient stone structure, or “ Druid circle," precisely similar to Stonehenge in England. A portion of the circle was still standing; the vast stone pillars were fifteen feet high. He says, “ There is little difference between the stone wonder of Kaseem and that of Somersetshire (Wiltshire), except that one is in Arabia, and the other, more perfect, in England.” His Arabian companions told him of two other gigantic stone structures of the same kind, still existing in the neighboring districts. In his description of the old castle at Djowf, he says it appeared to be a very ancient structure, to which large additions had been made at different periods, and adds :
“ The southerly side is the only one that has preserved its first line of construction tolerably unbroken; and here the huge size and exact squaring of the stones, in the lower tiers, indicate the early date of the fabric, while several small windows, ten or twelve feet from the ground, are topped by what is called the Cyclopean arch, a specimen of which may yet be seen in the so-called palace of Atreus at Mycenæ.” — Vol. I. p. 76.
If we suppose, what recent investigations, as well as Herodotus and old tradition, appear to make certain, that the Phænicians were a branch of the old Southern Arabian race, and that they carried civilization to Greece in the remote Pelasgic age of that country, the discovery of Cyclopean structures in Central and Southern Arabia, similar to those in Greece, will not surprise us. They are found also in the ruins of the old Phænician cities on the Mediterranean. In that portion of Renan's explorations in Phænicia, in 1860 – 61, already published, he describes what was found at Ruad (the ancient Arad, and the Arvad of the Hebrew Scriptures), and at Amrit or Mrith (the ancient Marath, or Marathus as the Greeks made it). Ile gives particular attention to the ancient wall around Ruad, built of vast quadrangular blocks of stone, some of them ten feet thick and fifteen or sixteen feet long; and he describes an enormous mausoleum at Amrit, which was constructed of immense blocks of stone. It is now called “ Burdj el-Bezzáh," and Renan speaks of it as the most considerable and bestpreserved building of ancient Phænicia. Both structures belong undeniably to a very ancient period of the Phænician settlements on that coast; and yet “there are indications that the mausoleum, although anterior to the Greek epoch by several centuries, was constructed of materials belonging to a still more ancient edifice.”
We might point out that Mr. Palgrave sometimes writes carelessly ; that, in his discussions of Mahometanism and the Wahhabees, he sometimes mingles dogmatic prejudice with his philosophy, and that his ethnological speculations are not of great value : but it is not worth while to do so. His volumes have great merits, and are worthy of their dedication “ to the Memory of Carsten Niebuhr.”
5. -- Bracton and his Relation to the Roman Law. A Contribution to
the History of the Roman Law in the Middle Ages. By CARL GüTERBOCK, Professor of Law in the University of Königsberg. Translated by BRINTON Coxe. Philadelphia. 1866. 8vo. pp. 182.
The Königsberg professor and his Philadelphia translator deserve the thanks of all students of English history, on two accounts. Firstly, for bringing before them a very curious and hitherto imperfectly known aspect of the influence of the Roman jurisprudence upon the institutions of England; and secondly, because it is not impossible that such a work from the depths of Germany may shame Englishmen into something like an earnest and rational cultivation of the materials at their hands for a proper understanding of their own history.
Had any other nation of Europe boasted of a thirteenth-century writer like Bracton, what a wealth of critical acumen and erudition would have been lavished upon him! He would have been carefully edited by profound and patient scholars ; the most painful collation of manuscripts would have rendered a perfect text accessible; the influences of the age upon him would have been studied ; his influence upon succeeding ages would have been carefully traced; and many obscure problems in the development of the institutions of England would doubtless have been elucidated.
As it is, the contrast is somewhat humiliating. No nation in Europe possesses a work so important to the right understanding of its existing jurisprudence as England has in Bracton's treatise De Legibus et Consuetudinibus Angliæ, and yet but two editions of it have been printed, - one in 1569 and the other in 1640, — both without editorship and simply as a legal text-book for practitioners. In Bracton's time, all Europe was waking up to the revisal and systematizing of the law. Frederic II. had just completed his Constitutiones Sicularum. Germany was engaged upon the Sachsenspiegel, the Schwabenspiegel, the Kayser-Recht, and the Richstich Land-Recht and Lehn-Recht. Alphonso the Wise was bestowing upon the unwilling Castilians the Siete Partidas. Hako Hakonsen was performing with the Jarnsida the same office for Norway and Iceland. Waldemar II. of Denmark was giving to his subjects their first written code. St. Louis was issuing the Ordonnances which were soon afterwards collected under the title of the Établissements, and the school of legists whom he trained, such as De Fontaines and Beaumanoir, were writing the treatises which give us a clearer view of the France of that day than all the annals and chronicles that have been preserved to us.
All these Continental codes and books of practice have become utterly obsolete, while Bracton is still an inseparable part and parcel of English law. Yet the Continental works have been printed and reprinted ; everything that could throw light upon them has been thoroughly ransacked, and nothing has been left undone to extract from them every fraction of information attainable. The contrast between this and the neglectful treatment of Glanville, Bracton, Britton, and the Fleta is discreditable to English industry and learning.
Few questions more interesting can be presented to the student than the influence of the Roman law upon the customs and jurisprudence of modern Christendom. In Italy, it was perhaps never entirely extinct, though long over-ridden and almost smothered by the Lombarda. In Spain it was preserved as a national code by its thorough interpenetration throughout the Wisigothic laws and the Fuero Juzgo. In France, it gave form and shape to the efforts by which St. Louis and his successors broke down the decentralization of the feudal system and achiered their victory over the canon law. The constitution of the Germanic Empire presented greater obstacles to its reception, but it gradually won its way and undermined all opposing forces. Ample materials have been collected for the elucidation of all these stages of its history, and laborious scholars have traced them step by step. Eng. land remained a problem. The Conquest had given to her institutions a completeness as a whole which was lacking in other countries, parcelled out into chartered towns and provinces, each with its special code. Her feudal system was more vigorous and compact than that of any other nation, and her judicial machinery far more uniform and effective. She was therefore prepared to resist the invasion of the civil law, and she manifested for it a jealous repugnance, composed of mingled fear and contempt.
That the civil law, nevertheless, exercised some influence upon the common law has long been understood; but the exact nature and extent of that influence have been a question with even the best-informed English jurists, whose distinguishing characteristics are not those of patient research and accurate familiarity with the Digest and Code. Accordingly, it has been left for Dr. Güterbock to make a thorough comparison of Bracton's treatise, as the principal source and authority of English jurisprudence, with the foreign sources from which he could have
drawu materials to modify and reduce to system the practice of his day. The result is the compact volume before us, of which the size bears no proportion to the labor it has cost, or to its value to all who would have a clear idea of the formation of our legal institutions.
Those who believe that the common law of England is an independent creation will be surprised to see how much Bracton bas borrowed from abroad. He was thoroughly familiar, not only with the Institutes, the Digest, and the Code, but also with the writings of the principal commentators of the Italian schools. Azo of Bologna, a celebrated glossator of the thirteenth century, seems to have been his principal authority; and the Summa of Azo furnished him much, not only as to arrangement and principles, but even as to details. All this is carefully traced out by Dr. Güterbock, who traverses the entire treatise of Bracton, and by references and parallel passages shows how much of Roman law was incorporated by Bracton, either to supply deficiencies or to modify what was defective in the customs of the land.
Mr. Coxe, in his Preface, remarks that, while the author intended his work to be a contribution to the history of the Roman law, the translation is presented as an aid to the study of the English law. That it is a valuable one, no one will deny; but it might have been more valuable, if not to professional, at all events to unprofessional readers. We gather from a note that Mr. Coxe originally intended to follow up the subject, and to trace the development to the extinction of the various principles and details adopted by Bracton from the Roman law. We greatly regret that he did not carry out this purpose. Judging from the notes which he has added, we should presume him to be eminently fitted for such a task by familiarity with the subject and by habits of a close reasoning and laborious investigation.
We would hope that the intention may not be abandoned, but only postponed, to ripen hereafter into an independent volume, in which the sources and development of the English law may be traced from the earliest times to the present day. The materials for such a work exist in a richness and continuity that no other nation possesses, and they should long since have been turned to account. Mr. Coxe, apparently, has both the taste and the ability to supply the void, and the task is one well worthy of his ambition.
6. — Campaigns of the Army of the Potomac. A Critical History of
Operations in Virginia, Maryland, and Pennsylvania, from the Commencement to the Close of the War, 1861–1865. By WILLIAM Swinton. New York: Charles B. Richardson. 1866.
Among the war correspondents of the New York Times during the late Rebellion, Mr. Swinton held, by common consent, the first place. His letters were spirited and entertaining. They were sensible as well as dramatic, and they seemed to be trustworthy. They indicated that their writer had an acquaintance with the principles and history of war that was unusual among newspaper correspondents. The circulation of the New York Times was so extensive that they were almost universally read. Thus it happened that, when it became known that Mr. Swinton was engaged upon a history of the Campaigns of the Army of the Potomac, his book was awaited with eager expectation by those who took a lively interest in the doings and sufferings of that army.
The book is now before us, and we are to say what the author has undertaken to do, and with what degree of success he has performed his task. The Preface is dated April, 1866; the title-page declares the book to be a critical history of operations in Virginia, Maryland, and Pennsylvania, from the commencement to the close of the war; and the volume contains six hundred and forty pages. These facts, taken in connection, excite a feeling little short of amazement. Every one knows the duration of the war, and almost every one knows something of its character. The life of the Army of the Potomac was as full of battle and of siege as the life of Wallenstein. On the 7th of March, 1865, reneral orders were issued from Head-quarters, Army of the Potomac, declaring the names of battles which should be inscribed on colors and guidons. This was a month before the surrender at Appomattox Court-House, and that month included all the battles of the last campaign ; and yet to the Twentieth Regiment of Massachusetts Volunteers, to which a list longer than that assigned to any other regiment of infantry was accorded, those orders gave the right to inscribe upon their colors the names of twenty-six battles. The question presents itself, how can it be possible for a man to complete a critical history of the campaigns of such an army within a year from the surrender of its opponent, the Army of Northern Virginia, and how can it be possible that such a work, if completed, should be confined within the narrow limits of a volume of six hundred and forty pages? These questions, however, in a manner answer themselves. The length of the book and the time at which it was completed are matters of fact. Whether or Do it can fairly be styled a critical history of the operations of which it