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In fact, from the date this constitution, provincials throughout the empire became eligible the ranks the army, a privilege heretofore exceptional, and one which was solely the result personal concession, for had been the standing rule that the peregrini and the barbarians could not.form a portion the legions proper, but acted merely as auxiliaries. After the constitution Caracalla, therefore, all the provincials transformed into citizens could become legionaries, and thenceforth regular recruiting took place in each province.

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This constitution, therefore, materially augmented the military resources the empire.

But the condition the Roman legion, both at this order custom papers period and subsequently, was that the general population the empire a melange thesis software nations bound together the will a single individual and glorying in the title Romans. 1. It must not overlooked that the constitution Caracalla, which gave all the subjects the empire the rights citizenship, did not give all the territories the rights ager Romanus.

In elevating all the people, did not elevate all the soil the same civic status ould not have answered the purpose Caracalla have released the land from tribute or vectigal.

The solum Italicum, and the lands belonging those towns whose territory had been admitted the enjoyment civic rights, still remained distinct from the solum provinciale, and this distinction was maintained till the time Justinian. But from the time the constitution Caracalla, all subjects 1 Snpplementa Icgionibus scripta time Constantius, were citizens the differences between the rights citizenship, Latini veteris or Latini, in the colonies, municipia and all other towns or villages, was entirely effaced, far as concerned the status persons. The Jus write my economics paper Italicum from this time 1 Our older writers upon Roman law having only a vague notion what could meant prcBmia patrum, mentioned in Roman literature and several fragments the jurists, and imagining that the provisions concerning the caduca were intended the leges Julia and Papia apply directly the public treasury, were much embarrassed this fragment Ulpian. They could no more than question the accuracy the manuscripts, like Cujas, who, when commenting upon these words, Hodie constitutione imp. Antonini wrote Imo, lege Papia, and who endeavoured a transposition the text apply this constitution another point.

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Or else they limited the operation this constitution a mere change in the financial administration made the Emperor Caracalla, in order make a transfer from the cerarium or public treasury the Jiscus or imperial treasury. Such the sense in which Pothier, who conforms the more advanced from treatises upon the leges Julia Papla. No one can say that the word Jisciis has been substituted Tribonian for enrarium, inasmuch as the two words are used at the same time, in the help writing a report same phrase, and in the same provision. We may conclude from these texts that already, under Trajan, under Adrian, and uudcr Marcus Aurclius, proceedings took place before the pratfectus erarii but was the fiscvs that was proprietor, which made the claim, and which received the portion the score the caduca.

The Jiscits appears as exercising the same right in the fragments that possess jurists anterior distinctly enunciated, which proves that the constitution Caracalla had not suppressed The fact that after the principle was admitted the emperor that the people the law investiture transferred the emperor all their powers and all their rights, remained the custom speak the rights the people, but this was equivalent saying the rights the prince. For, though preserving the duality terms and the notion personal administration, tlaejiscus was In the second place, in order sustain this strained interpretation must not only suppose interpolation the part Tribonian in a great number the texts the Digest, but must warp the phrase Ulpian in order turn from its natural meaning, and doing destroy the connection.

In the third place, should try in vain rearrange that sentence. In any attempt punctuate and twist according our fancy, make its parts undergo the exercises which a clown submits his limbs, there will always found a word which will baffle our best endeavours, the word omnia. This omnia itself a rock which wrecked the strained interpretation. Omnia, sed servato jure antiquo liberis parentibus, can well understood, and perfectly correct if the constitution Caracalla suppressed the rights the patres in claiming the caduca but if maintained them becomes radically false the treasury does not claim all the caduca, since, before come the claims a whole series persons having children beneficiaries under the same will. Can anyone pretend say that the word omnia only concerns arrangements between the cerarium and ihejiscus ? Then there must formerly have been a division the caduca between the two, the treasury thenceforth taking the whole this nothing but hypothesis. Suppose accept the hypothesis, in what position the jurist, who has the reputation for logical accuracy ? He treating the subject caducis, and gives in his first paragraph the detailed definition the caduca, and then immediately adds, in his second paragraph, Ilodlc omnia caduca Jisco online thesis writing service vindicantur without any indication or warning that there a whole series persons enjoying the rights paternity, whose claims come before that the treasury, as if they had no existence ? Let assume, the contrary, that those rights paternity, at the moment which that hodie refers, were suppressed, and the difficulty disappears. 1.

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