ge
in the rights of the children born before it; recourse was then had to
adoption, properly called arrogation.
[32] The Roman laws protected all property acquired in a lawful manner.
They imposed on those who had invaded it, the obligation of making
restitution and reparation of all damage caused by that invasion; they
punished it moreover, in many cases, by a pecuniary fine. But they did
not always grant a recovery against the third person, who had become
_bona fide_ possessed of the property. He who had obtained possession of
a thing belonging to another, knowing nothing of the prior rights of
that person, maintained the possession. The law had expressly determined
those cases, in which it permitted property to be reclaimed from an
innocent possessor. In these cases possession had the characters of
absolute proprietorship. To possess this right, it was not sufficient to
have entered into possession of the thing _in any manner_; the
acquisition was bound to have that character of publicity, which was
given by the observation of solemn forms, prescribed by the laws, or the
uninterrupted exercise of proprietorship during a certain time: the
Roman citizen alone could acquire this proprietorship. Every other kind
of possession, which might be named imperfect proprietorship, was called
_in bonis habere_. It was not till after the time of Cicero that the
general name of _dominium_ was given to all proprietorship.
[33] Justinian has not condescended to give usury a place in his
_Institutes_; but the necessary rules and restrictions are inserted in
the _Pandects_ and the _Code_.
[34] Cato, Seneca, Plutarch, have loudly condemned the practice or abuse
of usury. According to etymology, the principal is supposed to
_generate_ the interest: "A breed for barren metal," exclaims
Shakspeare--and the stage is an echo of the public voice.
[35] Livy mentions two remarkable and flagitious eras, of three thousand
persons accused, and of one hundred and ninety noble matrons convicted,
of the crime of poisoning. Hume discriminates the ages of private and
public virtue. Rather say that such ebullitions of mischief (as in
France in the year 1680) are accidents and prodigies which leave no
marks on the manners of a nation.
[36] The first parricide at Rome was L. Ostius, after the Second Punic
War. During the Cimbric, P. Malleolus was guilty of the first matricide.
[37] Verres lived near thirty years after his trial, till the Secon
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