XVIII covered at Amalfi in Italy. The Roman law CHAP. had been constructed more upon the principles of an abstract science, and advanced higher pretensions to being a system of impartial equity, than perhaps any other code that ever existed: it seemed to have grown less out of the customs and prejudices of any particular age and country, and to have been better adapted for immortality. When the barbarians of the north overran the fertile provinces of the Roman empire, they were totally incapable of understanding the refinements of this code; and it referred to combinations and modes of which they had hitherto had no experience. Accordingly it was by them speedily consigned to oblivion, and the forms of decision suited to a horde of savages, were substituted in its room. But, between the period of its extinction and accidental revival, many changes had occurred in society, and large strides had been taken toward civilization and refinement. The Roman law therefore was received as an inestimable treasure, and its principles studied with unexampled avidity. 1 CHAP. 2. Canon law. The canon law was a system of a different sort, but is perhaps to be regarded as a more memorable monument of the energies and daring of the human character. Almost all its provisions tended to one point, the forwarding and securing the mighty ascendancy which the church acquired over all ranks of men in this early period of modern history. Chaucer was born only about a century and a half after the martyrdom of Thomas of Becket and the memorable spectacle of the penance of Henry II. The expeditions for the conquest of the Holy Land had not long been terminated; the rumour and murmuring sounds they left behind were yet audible; and, even after the death of Chaucer, monarchs still talked, in a grave tone and with a serious countenance, of taking the cross, and marching for Palestine. The power of the church was to a considerable degree ruined; but its symbols and monuments covered the land; and abundance of motives existed, to induce a philosophical mind to study the code, which at once inforced and recorded its pretensions. XVIII. The feudal law was a system not inferior CHAP, in nice correspondence of a variety of com 8. Feudal plicated parts, and the harmony of a whole, law. to any invention of man in society. It is now the main key for explaining the different codes of civil policy prevailing in almost every country of Europe; and it was still more interesting in the time of Chaucer, as few of its provisions were as yet completely abrogated. It is principally to the feudal system that we owe the distinguishing features of modern, as contrasted with ancient Europe, that we belong more to our families and less to the state, that we are more of men and less of machines. The great chain of subordination in the feudal law, has generated among and entailed upon us a continual respect to the combinations and affections which bind man to man, and neighbour to neighbour. We are no longer broken down to one level, and into one mass, under the unsympathising and insensible government of institutions and edicts; but live in unforced intercourse one with another, and consult much oftener the dictates of feeling CHAP. and promptings of disposition, than the inXVIII. ventions of legislators. The consequence of 4. English constitu this is, that we remark and treasure a thousand little sentiments and emotions, which the ancients deemed below or foreign to their consideration; and our characters, cherished by the warmth of a less artificial mode of society, unfold a variety of minuter lineaments and features, which under other circumstances in man have been blighted and destroyed. The feudal system was the nurse of chivalry, and the parent of romance; and out of these have sprung the principle of modern honour in the best sense of that term, the generosity of disinterested adventure, and the more persevering and successful cultivation of the private affections. The three modes of law which have just tion. been mentioned, were already, in the four teenth century, in some measure a tale of other times, and led the student back to the page of history, and the manners of preceding generations. There was a fourth mode which was yet in its infancy, that had all the graces of novelty, and allured the enquirer XVIII. by the attractions of a prophetic curiosity. CHAP. This was in the time of Chaucer the system of several of the most favoured countries of Europe; but has now become by way of distinction the English constitution. It originated in the growth of commerce and of cities, which gave to the plebeian engaged in merchandise an importance that could no longer be neglected in a public and liberal system of government. Contemporary, or nearly so, with the rise of the burgesses, or inhabitants of towns, was that of the yeomanry, better understood in Chaucer's time by the appellation of franklins, or little freeFrom these two classes, the burgesses men. every in the towns, and the rural freemen, or small |