Beacon Lights of History, Volume 03: Ancient AchievementsLord, John
History
Beacon Lights of History, Volume 03: Ancient Achievements
Lord, John
History
treason. Persons of distinction were treated with more favor than the
lower classes, and their punishments were less cruel and ignominious;
thus Seneca, condemned for privity to treason, was allowed to choose his
mode of death. The criminal laws of modern European States followed too
often the barbarous custom of the Roman emperors until a recent date.
Since the French Revolution the severity of the penal codes has been
much modified.
The penal statutes of Rome however, as Gibbon emphatically remarks,
"formed a very small portion of the Code and the Pandects; and in all
judicial proceedings the life or death of the citizen was determined
with less caution and delay than the most ordinary question of covenant
or inheritance." This was owing to the complicated relations of society,
by which obligations are created or annulled, while duties to the State
are explicit and well known, being inscribed not only on tables of
brass, but on the conscience itself. It was natural, with the growth and
development of commerce and dominion, that questions should arise which
could not be ordinarily settled by ancient customs, and the practice of
lawyers and the decisions of judges continually raised new difficulties,
to be met only by new edicts. It is a pleasing fact to record, that
jurisprudence became more just and enlightened as it became more
intricate. The principles of equity were more regarded under the
emperors than in the time of Cato. It is in the application of these
principles that the laws of the Romans have obtained so high
consideration; their abuse consisted in the expense of litigation, and
the advantages which the rich thus obtained over the poor.
Public-domain text, read in full here on John Shaqi.
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