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One who disagreed with the emperor and his religious advisers in regard to the relation of the three members of the Trinity was subject to prosecution. Heretical books were burned, the houses of heretics destroyed. So, organized mediaeval religious intolerance was, like so many other things, a heritage of the later Roman Empire, and was duly sanctioned in both the Theodosian and Justinian Codes.
And if you ask why the test of evidence is preferable to any other, there is no answer unless you are willing to use the test in order to test it. The statement is, I think, susceptible of overwhelming proof, that moral codes assume a particular view of the facts. Under the term moral codes I include all kinds: personal, family, economic, professional, legal, patriotic, international.
Men who use this method are little troubled by codes; they follow the primitive line of direct attack. There is second the method of strategy, the disguise of purpose, the disguise of means. The effort is to shift the attention of the opponent to another place and then to walk off with the prize. "Possession is nine points of the law" say these folk.
There were a few exceptions to this rule. For instance; many large business houses have telegraphic cipher codes for the transaction of business, and it was not the policy of the government to interfere in any manner with the commercial affairs of the country, so these messages were allowed to pass when the code book was presented to the censor and a sworn translation made in his presence.
These codes were, for the then existing conditions of life, admirable; and even now, wherever those conditions have remained unaltered, are amply sufficient for the purposes of good government and the regulation of social conduct.
The codes, the capitularies, the formularies, and the customs, by which, till that time, the feudal nations had been governed, fell very short of affording them the legal provisions, which society, in the improved state of civilization, to which it was then advancing, evidently required.
Lawgivers like Manu proclaimed the essential impurity of a woman's heart; codes and customs began to bind her with chains easy to forge and hard to break. Later followed the catastrophe that completed the change.
The "Black Codes" of 1865, the only legislative acts of the South since the war which were not affected in any way by national power or Northern sentiment, made it incumbent on the freedman, whom it sought to continue in serfdom, to use this form of address, and denounced its neglect as disrespectful to the "Master" or "Mistress."
For the bachelors amuse themselves when they are not mixing and weighing by inventing odd rules and codes of their own, and, reaching a skinny arm through the hatchway, they pin them on, little scraps of paper which fall down and are swept to heaven in the charwomen's pails.
The original texts of Procopius and Agathias supplied the events and even the characters of his reign: but a laborious winter was devoted to the Codes, the Pandects, and the modern interpreters, before I presumed to form an abstract of the civil law.
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