Early European History

by Hutton Webster

70. THE ROMAN LAW AND THE LATIN LANGUAGE

IMPROVEMENT OF ROMAN LAW

The Romans were the most legal-minded people of antiquity. It was their mission to give laws to the world. Almost at the beginning of the republic they framed the code of the Twelve Tables, [17] which long remained the basis of their jurisprudence. This code, however, was so harsh, technical, and brief that it could not meet the needs of a progressive state. The Romans gradually improved their legal system, especially after they began to rule over conquered nations. The disputes which arose between citizens and subjects were decided by the praetors or provincial governors in accordance with what seemed to them to be principles of justice and equity. These principles gradually found a place in Roman law, together with many rules and observances of foreign peoples. Roman law in this way tended to take over and absorb all that was best in ancient jurisprudence.

CHARACTER OF ROMAN LAW

Thus, as the extension of the citizenship carried the principles and practice of Roman law to every quarter of the empire, the spirit of that law underwent an entire change. It became exact, impartial, liberal, humane. It limited the use of torture to force confession from persons accused of crime. It protected the child against a father's tyranny. It provided that a master who killed a slave should be punished as a murderer, and even taught that all men are originally free by the law of nature and therefore that slavery is contrary to natural right. Justice it defined as "the steady and abiding purpose to give every man that which is his own." [18] Roman law, which began as the rude code of a primitive people, ended as the most refined and admirable system of jurisprudence ever framed by man. This law, as we shall see later, has passed from ancient Rome to modern Europe. [19]

LATIN IN ITALY

The conquest by Latin of the languages of the world is almost as interesting and important a story as the conquest by Rome of the nations of the world. At the beginning of Latin in Roman history Latin was the speech of only the Italy people of Latium. Beyond the limits of Latium Latin came into contact with the many different languages spoken in early Italy. Some of them, such as Greek and Etruscan, soon disappeared from Italy after Roman expansion, but those used by native Italian peoples showed more power of resistance. It was not until the last century B.C. that Latin was thoroughly established in the central and southern parts of the peninsula. After the Social War the Italian peoples became citizens of Rome, and with Roman citizenship went the use of the Latin tongue.

LATIN IN THE WESTERN PROVINCES

The Romans carried their language to the barbarian peoples of the West, as they had carried it to Italy. Their missionaries were colonists, merchants, soldiers, and public officials. The Latin spoken by them was eagerly taken up by the rude, unlettered natives, who tried to make themselves as Roman as possible in dress, customs, and speech. This provincial Latin was not simply the language of the upper classes; the common people themselves used it freely, as we know from thousands of inscriptions found in western and central Europe. In the countries which now make up Spain, France, Switzerland, southern Austria, England, and North Africa, the old national tongues were abandoned for the Latin of Rome.

ROMANCE LANGUAGES

The decline of the Roman Empire did not bring about the downfall of the Latin language in the West. It became the basis of the so-called Romance languages—French, Italian, Spanish, Portuguese, and Rumanian—which arose in the Middle Ages out of the spoken Latin of the common people. Even our English language, which comes to us from the speech of the Germanic invaders of Britain, contains so many words of Latin origin that we can scarcely utter a sentence without using some of them. The rule of Rome has passed away; the language of Rome still remains to enrich the intellectual life of mankind.