rope. Has not all Europe in the last hundred years developed a spirit of freedom unknown before, and prepared the way for further republics? The civil law, although planted in the soil of South America by a king, yet grew true to its nature-behold a galaxy of republics there! Napoleon might have founded a republic in France in his day, had he not proved recreant to the trust the people had reposed in him, by seizing the powers himself which belonged to them, for as is well said by John Lord, he "overthrew constitutions; made himself supreme; and repudiated the very ideas in the name of which he climbed to a throne." But in spite of the fact that he was a monster of selfishness, he has proved himself one of the greatest benefactors to the human race by leaving to France, Europe and the world the Code Napoleon and the maxims of the Civil Law by which to interpret that code.

It was because of the justice of the civil law that it was chosen to replace the Feudal laws in France. When we understand that Coke and Blackstone are largely represented by Feudalism, and that it was the civil law that Bacon endeavored to establish in England, we are prepared to understand what Bacon meant when he said: “I am in good hope, that when Sir Edward's Reports and my Rules and Decisions come to posterity (no matter what may now be thought), it will then be seen which was the greater lawyer."

What shall we say of the action of Japan, which recently, after a careful examination of the systems of jurisprudence of the world, seeing the merits of the civil law, and seeing that all Europe had replaced the laws of Feudalism with the civil law, itself adopted it. Thus it happens that Japan has planted the seeds of a republic on her soil. What will be the inevitable fruitage? To be sure, although Japan has adopted the civil law, the nature of the Japanese civilization is such that it will take some time before the rules of civil law can be practically applied, yet it comes as a strong ally to Christianity as its conquests rapidly in

crease and must increase as "through the ages one increasing purpose runs," and Korea and China are widening and expanding under the gracious influences of Christianity. The civil law may be relied upon to do its part in all these countries as they are preparing for a federation. with the world, for "these things must needs be" as a part of the great plan of the Maker of all; all truth is of God and for all time whenever and wherever it may be found. It is a wonderful thought that 551 years B. C. there was brought into a republic a collection of fundamental principles of government which were sufficient for the rule, of an Empire. The hope of Justinian's wonderful refor mation was that it would prove the salvation of Rome, though it is conceded that the result of his work was the production of the most remarkable system of jurisprudence ever known, whether viewed from the standpoint of its intrinsic merits or the influence it has had on governments ever since. Like everything true and good, it was for posterity.

When in Justinian's time it was proposed to change some of the maxims, it is said "All Rome arose in protest." Surely, for was it not upon these maxims the Roman law was built? Change one maxim and think what the result would have been on the Roman law.

But the greatest system of jurisprudence ever established by a nation was a zephyr to a cyclone when it came to stem the tide of the corruption which brought forth the wail, "Omne Romae venale." When it came to this Rome lost its power, for what could a nation do when all its people had become venal? Barbarism conquered and crushed the civilization which thousands of years had been building, and in its place came the enslaving power of the Feudal system. Judge Morris says: "Feudalism was no more than organized brigandage; and it tended to make every nation, and every petty principality, and every man, the enemy of every other nation and principality and human being." But truth crushed to earth will rise again, so

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from the ashes and ruins of old Rome came the civil law with its maxims in the Code Napoleon. It was as the irony of fate that one of the most cruel of despots was to restore the civilization Feudalism had throttled. It was fortunate for the world that Napoleon should, for a time, have become a republican. At heart he was the embodiment of imperialism, militarism and commercialism. The war in Europe today is the dying struggle of these infamous tyrants. The intrenchment of the civil law in the hearts of the people of Germany is the best assurance of the overthrow of imperialism there. With it will go militarism and commercialism. And what is true of Germany is true of Russia, England, Italy, the world.

This brings us to the question which has been breeding so much concern in our own land. Here the seeds of the civil law have been planted in our equity jurisprudence, provided for in our constitutions, Federal and State. But we have been dominated by the influence of Coke and Blackstone, who relegated equity to a secondary place, and held that it could be resorted to only when the common law of England did not furnish a remedy. The civil law, which is our equity, admitted no such weakness and has always proved equal to every emergency. One prolific source of delays in our courts has been the jury system of the English law. The thousand and one rules for the admission of evidence in jury trials are not only the cause of many reversals in our appellate courts, but are the chief source of the cost which bars the door of Justice to the poor. The only reform we need is to drop the whole common law system, which its founders admit was never adequate to do justice, and replace it with the equity which is called upon where the common law fails.

The substitution of the plan of Bacon for the plan of Coke and Blackstone would accomplish this result and reduce the number of necessary reports to about fifteen or twenty volumes. This would be enough to cover the body of the law. These decisions should not be added to, except

possibly as the Supreme Court might hereafter find beneficial. The decisions selected should definitely announce, discuss and apply, the maxims. Such a system would not only open the door of Justice to the poor, but would so expedite the business of the courts that we would have no complaint of their being behind in their work, as is now the case in nearly every State.

Says Judge Morris in his History of the Development of the Law (p. 307): "Probably there is no better illustration of the extent which equity and therefore the civil law of Rome, has gained in our jurisprudence upon the common law, than the statistics of the courts in respect of the number of suits filed in equity as compared with those at common law. Whereas a hundred years ago it was scarcely more than one to fifty and forty years ago no more than one to ten, it is now in the proportion of one to two; and this, too, in face of the rule, which remains the law as it was two hundred years ago, that recourse can be had to a court of equity only when there is no remedy, or adequate remedy, at common law. In fact," says this learned Judge, "our civilization would be impossible without the advancing growth of our equity jurisprudence to meet its requirements." The fact that equity has been rooting out the common law in America, should be ample proof of the greater efficiency of the plan Bacon wished to leave us. Up to this time few writers in America have called to our attention the distinctions which emphasize the greater ability and learning of Bacon as compared with Coke and Blackstone. Mr. W. T. Hughes has done this with marked ability. Our law schools should have done it, but they have failed. Next to Hughes, Kent is, in the opinion of the writer, the greatest of American writers. But Kent will be more appreciated when the merits of William T. Hughes are recognized. Kent saw the great difference between Bacon and Coke. The worship of Coke and Blackstone in America has prevented both bench and bar from seeing and heeding what Kent so pointedly set forth.

When David Dudley Field gave us his code, the influence of Coke and Blackstone was so potent that neither bench nor bar understood that the code was an enunciation of the principles of the civil law. But Kent saw at the time the rule in Shelly's case was abolished what it meant to the learning in his time and which applies fully as well as to what the Field Code meant to the English common law in America. In a vein of irony he sets forth its meaning as follows: "The juridical scholar, upon whom his great master, Coke, bestowed some of the gladsome light of jurisprudence, will scarcely be able to withhold an involuntary sigh as he casts a retrospective glance over the piles of learning devoted to destruction by an edict as sweeping and unrelenting as the torch of Omar. He must bid adieu forever to the renowned discussions in Shelly's case which were so vehement and so protracted as to arouse the sceptre of the haughty Elizabeth. He may equally take leave of the multiplied specimens of profound logic, skillful criticism and refined distinction, which pervaded the various cases in law and equity, from those of Shelly and Archer, down to the direct collision between the courts of law and equity, in the time of Lord Hardwicke. He will have no more concern with the powerful and animated discussions in Perrin v. Blake, which awakened every precinct of Westminster Hall. He will have occasion no longer, in the pursuit of the learning in that case, to tread the clear and bright paths illumined by Sir William Blackstone's illustrations or to study and admire the spirited and ingenious dissertation of Hargrave, the comprehensive and profound disquisition of Ferne, the acute and analytical essay of Preston, the neat and orderly abridgement of Cruise and the severe and piercing criticisms of Reeves. What I have written on this subject may be considered, so far as my native State is concerned, as an humble monument to departed learning."

Mark in the following from Kent how much more respect he has for Bacon than for Coke and Blackstone, as shown