The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
discoveries, especially that made by Niebuhr, of the long lost work of
Gaius have given a great impulse to the study of Roman law in Germany,
and to this impulse no one has contributed so greatly as Savigny of
Berlin.
The great importance of the subject demands a more minute notice of the
principles of the Roman law, than what the limits of this work should
properly allow. I shall therefore endeavor to abridge what has been
written by the more eminent authorities, taking as a basis the late work
of Lord Mackenzie and the learned and interesting essay of Professor
Maine.
[Sidenote: Law of persons.]
The Institutes of Justinian commenced with the law of persons,
recognizing the distinction of ranks. All persons are capable of
enjoying civil rights, but not all in the same degree. Greater
privileges are allowed to men than to women, to freemen than to slaves,
to fathers than to children.
[Sidenote: Equality of citizens.]
In the eye of the law all Roman citizens were equal, wherever they
lived, whether in the capital or the provinces. Citizenship embraced
both political and civil rights. The political rights had reference to
the right of voting in the comitia, but this was not considered the
essence of citizenship, which was the enjoyment of the _connubium_
and _commercium_. By the former the citizen could contract a valid
marriage, and acquire the rights resulting from it, particularly the
paternal power; by the latter he could acquire and dispose of property.
Citizenship was acquired by birth and by manumission; it was lost when a
Roman became a prisoner of war, or had been exiled for crime, or became
a citizen of another state. An unsullied reputation was necessary for a
citizen to exercise his rights to their full extent.
[Sidenote: Slaves.]
The Roman jurists acknowledged all persons originally free by natural
law; and, while they recognized slavery, ascribed the power of masters
entirely to the law and custom of nations. Persons taken in war were
considered at the absolute control of their captors, and were therefore,
_de facto_, slaves; and the children of a female slave followed the
condition of their mother, and belonged to her master. But masters could
manumit their slaves, who thus became Roman citizens, with some
restrictions. Until the time of Justinian, they were not allowed to wear
the gold ring, the distinguishing symbol of a man born free. This
emperor removed all restrictions between freedmen and citizens.
Previously, after the emancipation of a slave, he was bound to render
certain services to his former master as patron, and if the freedman
died intestate his property reverted to his patron.
[Sidenote: Marriage.]
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