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
to be protected from the cupidity of guardians; that property could be
bequeathed by will, and that wills are sacred; that all promises are to
be fulfilled; that he who is intrusted with the property of another is
bound to restitution by the most imperative obligations; that usury
should be restrained; that all injuries should be repaired; that cattle
and slaves should be protected from malice and negligence; that
atrocious cruelties in punishment should not be inflicted; that
malicious witnesses should be punished; that corrupt judges should be
visited with severe penalties; that libels and satires should subject
their authors to severe chastisement; that every culprit should be
considered innocent until his guilt was proved. In short, every thing
pertaining to property and contracts and wills is guarded with the most
zealous care. A man was sure of possessing his own, and of transmitting
it to his children. No infringement on personal rights could be
tolerated. A citizen was free to go where he pleased, to do whatsoever
he would, if he did not trespass on the rights of another; to seek his
pleasure unobstructed, and pursue his business without vexatious
incumbrances. If he was injured or cheated, he was sure of redress. Nor
could he be easily defrauded with the sanction of the laws. A rigorous
police guarded his person, his house, and his property. He was supreme
and uncontrolled within his family. And this security to property and
life and personal rights was guaranteed by the greatest tyrants. The
fullest personal liberty was enjoyed under the emperors, and it was
under their sanction that jurisprudence, in some of the most important
departments of life, reached perfection. If injustice was suffered, it
was not on account of the laws, but the depravity of men, the venality
of the rich, and the tricks of lawyers. But the laws were wise and
equal. The civil jurisprudence could be copied with safety by the most
enlightened of European states. And, indeed, it is the foundation of
their civil codes, especially in France and Germany.
[Sidenote: Abuse of paternal power.]
That there were some features in the Roman laws which we, in these
Christian times, cannot indorse, and which we reprehend, cannot be
denied. Under the republic, there was not sufficient limit to paternal
power, and the _paterfamilias_ was necessarily a tyrant. It was
unjust that the father should control the property of his son, and cruel
that he was allowed such absolute control, not only over his children,
but his wife. But the limits of paternal power were more and more
curtailed, so that under the latter emperors, fathers were not allowed
to have more authority than was perhaps expedient.
[Sidenote: Evils of slavery.]
Public-domain text, read in full here on John Shaqi.
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