FREE BOOKS

Author's List




PREV.   NEXT  
|<   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139  
140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   >>   >|  
distributed." The stipulated equality of rights in trade and exchange, in commercial credit and in inheritance, tended, by the manifold relations of business intercourse to which it led, still further to interweave the interests of communities already connected by the ties of similar language and manners, and in this way produced an effect somewhat similar to that of the abolition of customs-restrictions in our own day. Each community certainly retained in form its own law: down to the time of the Social war Latin law was not necessarily identical with Roman: we find, for example, that the enforcing of betrothal by action at law, which was abolished at an early period in Rome, continued to subsist in the Latin communities. But the simple and purely national development of Latin law, and the endeavour to maintain as far as possible uniformity of rights, led at length to the result, that the law of private relations was in matter and form substantially the same throughout all Latium. This uniformity of rights comes most distinctly into view in the rules laid down regarding the loss and recovery of freedom on the part of the individual burgess. According to an ancient and venerable maxim of law among the Latin stock no burgess could become a slave in the state wherein he had been free, or suffer the loss of his burgess-rights while he remained within it: if he was to be punished with the loss of freedom and of burgess-rights (which was the same thing), it was necessary that he should be expelled from the state and should enter on the condition of slavery among strangers. This maxim of law was now extended to the whole territory of the league; no member of any of the federal states might live as a slave within the bounds of the league. Applications of this principle are seen in the enactment embodied in the Twelve Tables, that the insolvent debtor, in the event of his creditor wishing to sell him, must be sold beyond the boundary of the Tiber, in other words, beyond the territory of the league; and in the clause of the second treaty between Rome and Carthage, that an ally of Rome who might be taken prisoner by the Carthaginians should be free so soon as he entered a Roman seaport. Although there did not probably subsist a general intercommunion of marriage within the league, yet, as has been already remarked(8) intermarriage between the different communities frequently occurred. Each Latin could primarily exercise
PREV.   NEXT  
|<   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139  
140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   >>   >|  



Top keywords:

rights

 

league

 

burgess

 
communities
 
uniformity
 

territory

 

relations

 

subsist

 
similar
 

freedom


Applications
 

member

 

federal

 

states

 

bounds

 

punished

 

remained

 

suffer

 
principle
 

expelled


strangers

 

extended

 

slavery

 

condition

 

Although

 

general

 

seaport

 

entered

 

prisoner

 

Carthaginians


intercommunion

 

marriage

 
frequently
 

occurred

 

primarily

 

exercise

 

intermarriage

 
remarked
 
debtor
 

creditor


wishing

 
insolvent
 

Tables

 

enactment

 
embodied
 
Twelve
 

treaty

 

Carthage

 

clause

 

boundary