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Tuesday, November 2, 2021

Roman was unwilling to give the privilege

But they gentium applied mainly to matters in dispute between Romans and foreigners, and not to questions between foreigners themselves. The Roman was unwilling to give the privilege of his law to a foreigner except where it was to the interest of the Roman so to do. The law of the New Rome, however, which is what jurists usually think of when the term Roman law is used, had, from the time of Justinian, two centuries after Constantine, merged the two systems of law into one in much the same way that our own Judicature Acts have merged the systems of common law and equity. There was no time, however, either in the history of Rome or Constantinople, when foreigners had the full rights possessed by Roman citizens.


Privileges were conceded to them for the purpose of trade. Commercial treaties were made with the nations to which they belonged. Strangers were invited and inducements held out to them to settle in the country. In every case, however, they were to be under their own government, and they were never permitted to have all or most of the benefits conferred on subjects of the empire. They might come to the country and trade with its inhabitants, and would be protected in so doing, but they must govern themselves and expect nothing but protection and the right to trade on certain conditions imposed by the state.


Widely different customs


This condition of things existed only to a modified extent Rule as to *n the case of nations which had been brought into subject races. subjection to the empire. The emperors had to take in hand the administration of law to people of widely different customs, religions, races, and countries. Ultimately the rights and obligations imposed by a portion of Roman law were conferred and imposed upon all subjects of the empire, though, of course, not upon resident foreigners. Caracal La, for the sake of increasing the revenues, had made all subjects of the empire into Roman citizens. But the most convenient way of administering Roman law even to Roman citizens was, in the words of Cassiodorus, the secretary of Theodorie the Great, to allow the Roman to be a judge for the Roman, the Goth for the Goth, and thus under a diversity of judges to have equal justice administered to all.

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