FREE BOOKS

Author's List




PREV.   NEXT  
|<   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203  
204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   >>   >|  
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
PREV.   NEXT  
|<   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203  
204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   >>   >|  



Top keywords:

possession

 

proprietorship

 

property

 

person

 

public

 

manner

 
called
 

rights

 
barren
 
supposed

generate

 
Verres
 
interest
 

mentions

 
guilty
 

matricide

 
Shakspeare
 

exclaims

 
etymology
 

inserted


Pandects

 
thirty
 

restrictions

 

Institutes

 

According

 

remarkable

 

principal

 

practice

 

condemned

 

Seneca


Plutarch

 

loudly

 

accidents

 
During
 
prodigies
 

France

 

ebullitions

 

mischief

 

parricide

 

Ostius


Second

 

manners

 
nation
 

Rather

 
hundred
 
Malleolus
 

ninety

 
accused
 
thousand
 

persons