The Prose Writings of Heinrich HeineHeine, Heinrich
General
The Prose Writings of Heinrich Heine
Heine, Heinrich
Heine, Heinrich, 1797-1856 -- Translations into English
At a time when, in the temples of Babylon, Nineveh, Sidon, and Tyre,
bloody and unchaste rites were celebrated, the description of which,
even now, makes our hair stand on end, Israel sat under its fig-trees,
piously chanting the praises of the invisible God, and exercised virtue
and righteousness. When we think of these surroundings we cannot
sufficiently admire the early greatness of Israel. Of Israel's love of
liberty, at a time when not only in its immediate vicinity, but also
among all the nations of antiquity, even among the philosophical Greeks,
the practice of slavery was justified and in full sway,--of this I will
not speak, for fear of compromising the Bible in the eyes of the powers
that be. No Socialist was more of a terrorist than our Lord and Saviour.
Even Moses was such a Socialist; although, like a practical man, he
attempted only to reform existing usages concerning property. Instead of
striving to effect the impossible, and rashly decreeing the abolition of
private property, he only sought for its moralisation by bringing the
rights of property into harmony with the laws of morality and reason.
This he accomplished by instituting the jubilee, at which period every
alienated heritage, which among an agricultural people always consisted
of land, would revert to the original owner, no matter in what manner it
had been alienated. This institution offers the most marked contrast to
the Roman statute of limitations, by which, after the expiration of a
certain period, the actual holder of an estate could no longer be
compelled to restore the estate to the true owner, unless the latter
should be able to show that within the prescribed time he had, with all
the prescribed formalities, demanded restitution. This last condition
opened wide the door for chicanery, particularly in a state where
despotism and jurisprudence were at their zenith, and where the unjust
possessor had at command all means of intimidation, especially against
the poor who might be unable to defray the expense of litigation. The
Roman was both soldier and lawyer, and that which he conquered with the
strong arm he knew how to defend by the tricks of law. Only a nation of
robbers and casuists could have invented the law of prescription, the
statute of limitations, and consecrated it in that detestable book which
may be called the bible of the Devil--I mean the codex of Roman civil
law, which, unfortunately, still holds sway.
I have spoken of the affinity which exists between the Jews and the
Germans, whom I once designated as the two pre-eminently moral nations.
While on this subject, I desire to direct attention to the ethical
disapprobation with which the ancient German law stigmatises the statute
of limitations: this I consider a noteworthy fact. To this very day the
Saxon peasant uses the beautiful and touching aphorism, "A hundred years
of wrong do not make a single year of right."
Public-domain text, read in full here on John Shaqi.
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