Cassius Severus then expresses his opinion.
“Look,” he exclaims, “on the blind wandering about the streets leaning
on their sticks, and on those with crushed feet, and still again look
on those with broken limbs. This one is without arms, that one has had
his shoulders pulled down out of shape in order that his grotesqueries
may excite laughter. Let us view the entire miserable family shivering,
trembling, blind, mutilated, perishing from hunger—in fact, already
half dead. Let us go to the origin of all these ills—a laboratory for
the manufacture of human wrecks—a cavern filled with the limbs torn
from living children—each has a different profession, a different
mutilation has given each a different occupation.”
The conclusion is that inasmuch as the exposed children are slaves,
being the property of those who rear them, they have no cause for
complaint against the State.
“What wrong has been done to the Republic?” asks Gallio in reply to
Severus. “On the contrary, have not these children been done a service
inasmuch as their parents had cast them out?”
“Many individuals,” adds F. Claudius, “rid themselves of misformed
children defective in some part of their body or because the children
are born under evil auspices. Someone else picks them up out of
commiseration and, in order to defray the expenses of bringing the
child up, cuts off one of its limbs. Today, when they are demanding
charity, that life that they owe to the pity of one, they are
sustaining at the expense and through the pity of all.”
CHAPTER XVII
PROGRESS UNDER THE ANTONINES—FAUSTINA’S EFFORTS TO
SAVE FEMALE CHILDREN—CHRISTIAN SENTIMENT GROWS—PLEA OF
LACTANTIUS—ITS EFFECTS—CONSTANTINE.
From the strictly legal side the most interesting event of Hadrian’s
reign is the fact that the opinions of the jurists, when they were
unanimous, were now recognized as written law.[354] The constitutions
or proclamations of law of the emperors, although none were ascribed
to an earlier date, had probably been issued for a century previously,
but now what is called the “Perpetual Edict” is finally arranged and
authorized, and law proceeds from an intellectual and philosophic
source, instead of from an imperial head.
In empowering Salvius Julianus, one of the four greatest lawyers Rome
ever produced, to frame an edict, and by a _senatus consultum_ embody
this edict in the statute law of Rome, the entire law of the Empire
underwent a change in spirit. What had hitherto been done by Augustus,
by Nerva, by Trajan, and by Hadrian himself, had furnished only the
value of example or of an immediate law passed for the benefit of some
particular condition. A succeeding emperor was at liberty to imitate or
pass similar laws, or ignore the acts of his predecessors as he might
choose. As we shall see, he usually ignored the noble examples of those
who had gone before.
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