274 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Webster
View of Roman Law
It was by man that the body politic was organised, and in entering the organization with his fellow men, man followed the exercise of his natural rights and became an ingredient of the society of which he, with others, became members.
By the organization formed as of man and by man, man was so incorporated into the body politic that he could not depart.
Although in the early days of Rome, they alone could call themselves Roman citizens who were free born and born in Rome, yet very soon thereafter, foreigners were admitted to citizenship by authority of the legislative body. Later, as Rome advanced in her conquest of the neighbouring states, to these states the legislative authorities conferred charters by which the citizens of such states were admitted to Roman citizenship and their former citizenship was abolished.
Cicero lays down the rule, “that every man ought to be able to retain or renounce his rights of membership of a society,” and further adds, “that this is the firmest foundation of liberty.” Under this the Romans received all who came and forced none to remain with them.
This view of the Roman Law was based upon natural law.
Effect of Invasion
After the downfall of Rome this principle of natural law gave way to the principles of feudalism as introduced by the invaders.
The invaders having conquered both the people and their lands, organized their Government, as being in a prince who was all powerful over his subjects. The relation as between man and man and his relation to the Government was forced and involuntary. The natural rights of man as being in man were disavowed.
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