This jurisprudence, which consists in depriving orphans of their food,
was unknown to the Roman commonwealth. Sulla introduced it in his
proscriptions, and it must be acknowledged that a rapine invented by
Sulla was not an example to be followed. Nor was this law, which seems
to have been dictated by inhumanity and avarice alone, followed either
by Cæsar, or by the good Emperor Trajan, or by the Antonines, whose
names are still pronounced in every nation with love and reverence. Even
under Justinian, confiscations took place only in cases of high treason.
Those who were accused having been, for the most part, men of great
possessions, it seems that Justinian made this ordinance through avarice
alone. It also appears that, in the times of feudal anarchy, the princes
and lords of lands, being not very rich, sought to increase their
treasure by the condemnation of their subjects. They were allowed to
draw a revenue from crime. Their laws being arbitrary, and the Roman
jurisprudence unknown among them, their customs, whether whimsical or
cruel, prevailed. But now that the power of sovereigns is founded on
immense and assured wealth, their treasure needs no longer to be swollen
by the slender wreck of the fortunes of some unhappy family. It is true
that the goods so appropriated are abandoned to the first who asks for
them. But is it for one citizen to fatten on the remains of the blood of
another citizen?
Confiscation is not admitted in countries where the Roman law is
established, except within the jurisdiction of the parliament of
Toulouse. It was formerly established at Calais, where it was abolished
by the English when they were masters of that place. It appears very
strange that the inhabitants of the capital live under a more rigorous
law than those of the smaller towns; so true is it, that jurisprudence
has often been established by chance, without regularity, without
uniformity, as the huts are built in a village.
The following was spoken by Advocate-General Omer Talon, in full
parliament, at the most glorious period in the annals of France, in
1673, concerning the property of one Mademoiselle de Canillac, which had
been confiscated. Reader, attend to this speech; it is not in the style
of Cicero's oratory, but it is curious:
"In the thirteenth chapter of Deuteronomy, God says, 'If thou shalt find
a city where idolatry prevails, thou shalt surely smite the inhabitants
of that city with the edge of the sword, destroying it utterly, and all
that is therein. And thou shalt gather all the spoil of it into the
midst of the street thereof, and shalt burn with fire the city and all
the spoil thereof, every whit, for the Lord thy God.'
Public-domain text, read in full here on John Shaqi.
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