« PoprzedniaDalej »
to lao. . . . B. In gen., A laro, precept, regulation, rule, mode, man
Of things, qua sidera lege mearent, by what laro, what rules. . . . Hence, sine lege, without order, confusedly ... ex lege loci, quality, nature
. ...C. A contract, stipulation, agreement, covenant, : in mancipii lege, a contract of sale, ... Hence of conditions of peace.
HARPERS. Lex, lēgis, f. [perh. Sanscr. root lag, lig, to fasten: Lat. ligo, to bind, oblige: cf. religio] a proposition or motion for a law made to the people by a magistrate, a bill, (cf. institutum.) I. Lit.... II. Transf. A. A bill which has become a law in conseqnence of its adoption by the people in the comitia, a law (cf. jus, fas, decretum, edictum, scitum)... leges duodecim tabularum, the laws composed by the decemvirs, the foundation of Roman legislation,... barbarica lege jus persequi, i. e., by the Roman law, that of the Twelve Tables. . . . B. Esp. in phrases. 1. Lege and legibus, according to law, by law, legally.... 2. Legis actio, a statutory proc
3. Hence, in partic.: lege agere, to proceed strictly according to laro.
a. Of the lictor, to execute a sentence:—b. To bring a legal or statutory action. ... 4. Fraudem legi facere, to evade the law, ... legi, ... aleariae, the law against dicing.... C. In gen. a lavo, precept, regulation, principle, rule, mode, manner. . Of things : quâ sidera lege mearent, by what law, what rule. Hence, sine lege, without order, in confusion, confusedly ... in or sub lege loci, quality, nature. ... D. A contract, agreement, covenant. ... in mancipii lege, a contract of sale. . . . E. A condition, stipulation, (cf. condicio.) 1. In gen. (mostly ante-class.). ... 2. Hence, of conditions or terms of peace. ... F. In eccl. Lat. esp., the law of Moses ... also of a precept of the Mosaic law.
The length of the article in Harpers is twice that of the one in Andrews, and exhibits with greater minuteness the shades of meaning. Under I. Lit. we find in Harpers a reference (additional) to Juvenal, 2, 72, (where lex occurs in connection with jus,) also to a synonymous word, “institutum,” and a transfer of a reference in Andrews to Cic. Lael. 12 (legem sancire) from this division, where it does not belong, to sect. C. (in Andrews, B.) of transferred meanings, where it pertinently illustrates the signification given. In II. Transf., Harpers divides the sect. A. of Andrews into two, A. and B., and by means of this division and the further subdivision of B., (as marked 1, 2, 3, a, b, 4,) presents not only a fuller but better classification of the meanings in connection with the illustrating references, of which we have in these two sections of Harpers nine additional ones, including three to Plautus, and one each to Gaius, Donatus, and Valerius Maximus, not referred to by Andrews in his sect. A. The indication of the synonyms, (jus, fas, decretum, edictum, scitum,) the explanation of the phrase "barbarica lege, (used in Plautus,) of Legis actio, and of those given under subsection 4, are additional points of superiority in Harpers not to be overlooked. Harpers' sect. C. (B. of Andrews) shows no marked difference in method, but a far more copious apparatus of references to authors, twenty-five additional ones being given, and including Seneca, Quintilian, Juvenal, Gellius, Tacitus, and Pliny the younger, not quoted by Andrews. The sect. C. of Andrews is also divided into two by Harpers, viz., D. and E., whereby the distinction in signification and use of lex is more exactly indicated, i. e., whether the idea is that of a contract or simply a stipulation. We find in these two sects. in Harpers twelve additional references to authors, including Plautus, Terence, Horace, Juvenal, Virgil, and Statius not here referred to in Andrews. The whole of sect. F in Harpers is additional, and gives the uses of the word in ecclesiastical Latin. We note two errors of reference in Harpers to Plautus: that to Ep. 3, 4, 39, should be 3, 4, 35, and that to Stich. 3, 1, 58, should be 4, 1, 58.
Recurring to the etymology of Jus, we may ask, How or what does it unite or join together? A careful reading of other passages from Latin authors quoted in Harpers will, we think, suggest that it expresses the conception of the true social principle of respect for the rights of others, which, as a bond of brotherhood and equity, unites man to man as social beings, and to the divine powers that preside over and protect the families of men. To the quotations given in Harpers we may add a reference to passages in Cic., (Leg. 1, 15,) "est unum jus, quo devincta hominum societas,” etc., and (De Rep. 1, 32.)
quare, quum lex sit civilis societulis vinculum," etc., and Lact. (Div. Inst. vi, 10) “primum justitiae officium est conjungi cum deo, secundum cum homine," “ with which compare Christ's teachings in regard to the first and second commandments.” Matt. xxii, 36-40. In this view then jus is the embodiment in language of the ideas of equity which underlie and bind together the frame-work of society in its relations to itself, its inferiors, and to deity. When men obey the behests of justice, (justitia,) the incarnation of the conceptions of jus, they help to bind men together as equal sharers in the gifts and muniments of the social compact. When they disregard her commands, they break asunder the bonds of union, and make war on human society itself, the offspring of the divine beneficence, and promoter of the happiness' of man. Lex also denotes, but in a more restricted sense, a binding together. Its proper sphere and object is not mankind, but the State, by whose authority it is established. It is the concrete, legal formulation of some one or more of the elements of jus, as applicable to the conditions and wants of a particular nation or time. We are led by these thoughts to consider for a moment the import of the word religio, etymologically related to lex. Harpers gives the two etymologies of this word, viz., that of Cicero and that of Servius, Lactantius, and Augustine, with the statement that the latter is generally preferred. A high authority, Max Müller, has recently expressed a preference for Cicero's view, (Or. of Rel., pp. 10, 11, N. Y. 1879,) and refers, in support thereof, to the oft-cited passage from an earlier poet found in Gellius, 4, 9, viz., “religentem esse oportet, religiosum nefas.” But the participial form, religens, here found, was not a word used in speech, but coined by the poet to favor this etymology, (see G. F. Schoemann's note to Cic., De Nat. Deor., II. 28, 72.) Nor does the example quoted by him from Cic., Font., 9, 20, negative the view that religio, used subjectively, was originally restricted to reverence for the gods. Why should not man's respect for an oath spring from his reverence for the gods? This would but add to the power of an oath by appealing to the higher sentiment, reverence for, as well as to the lower feeling, fear of, the gods. And, further, the sense of holding back or restraining is not the primary one in religio, but naturally follows as a secondary one. It seems to us that Cicero's etymology leads to a very inadequate conception of the force and import of the word religio, as understood by the Romans, as well as by us. It suggests mental processes too metaphysical for the ordinary man, seeking to know his relations to the higher powers. The etymology which connects religio with religare, compounded of ligare, to tie or fasten, and re or red, meaning, anew or again, gives the sense of refastening or tieing together again, and leads to the conception of the root idea of it as something reuniting man to the gods. This conception further implies a belief, taught not only in the creeds of Christendom, but found set forth with more or less prominence in all systems of religion, in a fall of man from an original condition of harmony with the divine ruling power of the world. The Romans were an Aryan race, and we might reasonably expect to find in their religions ideas, as well as in their language, links of thought connecting with those of the Hindu people; and we meet in the late Dean Hardwick's “ Christ and other Masters,” (Lond., 1875,) with a remarkable statement touching this very point. In the section (pp. 229– 232) headed “The Hindu hope of Restoration," he says: “This dim and elementary idea,” [viz., that a Saviour would come from heaven to deliver man from his deadliest foes, and reinstate him in his lost inheritance,] “pointing to a future religatio of the human and divine, and so pervading all systems of religions, was especially manifest in the traditions of Hindus respecting the descent of God to earth in various forms of creaturely existence." We take it, then, that religio primarily means the act of reuniting, of refastening, so to speak, the human to the divine, of man to God. Whether in subjective adoration or prostration of spirit, in the silent language of the heart, man offered praise or prayer, or, objectively, in ceremonial forms, worshiped his god, he did so in the hope that these acts would help to restore him to the divine favor, and renew the bonds of confidence and love.
Without entering upon any discussion of the proper aim, extent, and functions of a general dictionary of a language, we may adopt the sentiment of Grimm, that such a dictionary ought to be a sanctuary of its language, wherein all its treasures are gathered and held open to the use of all-a memorial of the people whose past and present meet therein. The composition of an ideally complete dictionary of any language is an achievement hardly within the compass of human ability. But the preparation of dictionaries for special authors and special objects and branches of knowledge is an easier task, because of their more limited scope; and as such multiply and are brought nearer to standards of completeness, the work of the general lexicographer will be facilitated. The useful work of Anthony Rich, “ The Illustrated Companion to the Latin Dictionary and Greek Lexicon," suggests a future improvement in general dictionaries of the ancient languages by the incorporation therein of like illustrations. Harpers' New Latin Dictionary furnishes for English and American students the fullest, and, taken in all respects, the completest exhibit of the words of the Latin tongue in their origin, forms, grammatical and historical development, and uses, as expressions of the thoughts and feelings of the Roman people throughout the ebb and flow of historical and social movements in their natural life. It is a production creditable alike to the scholarship, skill, and patient industry of the editors, and to the enterprise of the publishers, who have in it given to the public the best dictionary of the Latin language for general use among English-speaking people which has yet appeared.
ART. VII.— SYNOPSIS OF THE QUARTERLIES AND OTHERS OF
THE HIGHER PERIODICALS.
American Reviews. BAPTIST Review, April, May, June, 1880. (Cincinnati.)—1. A Study of Elijah;
by Rev. G. F. Genung. 2. The Fragment of Muratori, and the Origin of a Collection of Apostolic Catholic Scriptures; by Adolf Harnack. 3. Paul's Doctrine of Sin; by Professor E. P. Gould. 4. Increasing Harmony on Essential Doctrines Among Evangelical Christians; by Rev. J. L. Burrows, D.D. 6. The Design of the Ordinances; by Rev. Thomas S. Barbour. 6. The Rock that
Followed Them; by Rev. H. A. Sawtelle, D.D. BIBLIOTHECA Sacra, April, 1880. (Andover.)-1. A Study in Biblical Biography;
by Rev. George F. Herrick, D.D. 2. The Duration of Future Punishment; by Rev. Ezra P. Gould. 3. Music, A Language ; by Rev. Thomas Hill, D.D., LL.D. 4. Pascal, The Thinker; by Prof. Jacob Cooper, LL. D. 5. Do the Scriptures Prohibit the Use of Alcoholic Beverages ? by Rev. A. B. Rich, D.D. 6. Hartmann's Philosophy of the Unconscious; by Rev. Charles F. Thwing. 7. Bernard of Clairvaux as a Preacher, from the German of Dr. A. Brömel; by Prof. H. E. Jacobs, D.D. 8. The Sabbath : The Change of Observance from the
Seventh to the Lord's Day; by Rev. William De Loss Love. CUMBERLAND PRESBYTERIAN QUARTERLY, April, 1880. (Lebanon, Tenn.)-1. The
Mosaic Jurisprudence; by Hon. R. C. Ewing. 2. Baptismal Regeneration.Part 2; by S. G. Burney, D.D. 3. The Ethics of St. Paul; by William Camp
bell, D.D. 4. Sanctification; by J. W. Poindexter, D.D. New ENGLANDER, January, 1880. (New Haven.)—1. The Massacre of St. Bar
tholomew ; by Prof. George P. Fisher. 2. A Chinese Historical Novel; by Prof. S. Wells Williams, M. D. 3. Spelling Reform ; by J. G. Pyle. 4. A Scholar of the Twelfth Century; by Prof. Thomas R. Lounsbury. 5. Thoughcs on Congregationalism-Its Past and Its Future ; by President Noah Porter. 6. Some Contributions which the West may be expected to make to the Congregational
ism of the Future; by Rev. Henry A. Stimson. New England HISTORICAL AND GENEALOGICAL REGISTER, January, 1880. (Boston.)
-1. Sketch of the Life of Amos Lawrence ; by Rev. Solon W. Bush. 2. Record of the Boston Committee of Correspondence, Inspection, and Safety; printed by permission of Samuel F. M'Clery, Esq., City Clerk. 3. Nicholas Upsall; by