In several countries of Europe it is a received maxim3, that whosoever confiscates5 the body, confiscates the goods also. This usage is established in those countries in particular where custom holds the place of law; and in all cases, an entire family is punished for the fault of one man only.
To confiscate4 the body, is not to put a man’s body into his sovereign lord’s basket. This phrase, in the barbarous language of the bar, means to get possession of the body of a citizen, in order either to take away his life, or to condemn6 him to banishment7 for life. If he is put to death, or escapes death by flight, his goods are seized. Thus it is not enough to put a man to death for his offences; his children, too, must be deprived of the means of living.
In more countries than one, the rigor8 of custom confiscates the property of a man who has voluntarily released himself from the miseries9 of this life, and his children are reduced to beggary because their father is dead. In some Roman Catholic provinces, the head of a family is condemned10 to the galleys11 for life, by an arbitrary sentence, for having harbored a preacher in his house, or for having heard one of his sermons in some cavern12 or desert place, and his wife and family are forced to beg their bread.
This jurisprudence, which consists in depriving orphans13 of their food, was unknown to the Roman commonwealth14. Sulla introduced it in his proscriptions, and it must be acknowledged that a rapine invented by Sulla was not an example to be followed. Nor was this law, which seems to have been dictated15 by inhumanity and avarice16 alone, followed either by C?sar, or by the good Emperor Trajan, or by the Antonines, whose names are still pronounced in every nation with love and reverence17. Even under Justinian, confiscations took place only in cases of high treason. Those who were accused having been, for the most part, men of great possessions, it seems that Justinian made this ordinance18 through avarice alone. It also appears that, in the times of feudal19 anarchy20, the princes and lords of lands, being not very rich, sought to increase their treasure by the condemnation21 of their subjects. They were allowed to draw a revenue from crime. Their laws being arbitrary, and the Roman jurisprudence unknown among them, their customs, whether whimsical or cruel, prevailed. But now that the power of sovereigns is founded on immense and assured wealth, their treasure needs no longer to be swollen22 by the slender wreck23 of the fortunes of some unhappy family. It is true that the goods so appropriated are abandoned to the first who asks for them. But is it for one citizen to fatten24 on the remains25 of the blood of another citizen?
Confiscation is not admitted in countries where the Roman law is established, except within the jurisdiction26 of the parliament of Toulouse. It was formerly27 established at Calais, where it was abolished by the English when they were masters of that place. It appears very strange that the inhabitants of the capital live under a more rigorous law than those of the smaller towns; so true is it, that jurisprudence has often been established by chance, without regularity28, without uniformity, as the huts are built in a village.
The following was spoken by Advocate-General Omer Talon29, in full parliament, at the most glorious period in the annals of France, in 1673, concerning the property of one Mademoiselle de Canillac, which had been confiscated30. Reader, attend to this speech; it is not in the style of Cicero’s oratory31, but it is curious:
“In the thirteenth chapter of Deuteronomy, God says, ‘If thou shalt find a city where idolatry prevails, thou shalt surely smite32 the inhabitants of that city with the edge of the sword, destroying it utterly33, and all that is therein. And thou shalt gather all the spoil of it into the midst of the street thereof, and shalt burn with fire the city and all the spoil thereof, every whit34, for the Lord thy God.’
“So, in the crime of high treason, the king seized the property, and the children were deprived of it. Naboth having been proceeded against, ‘quia maledixerat regi,’ King Ahab took possession of his inheritance. David, being apprised35 that Mephibosheth had taken part in the rebellion, gave all his goods to Sheba, who brought him the news — ‘Tibi sunt omnia qu? fuerunt Mephibosheth.’”
The question here was, who should inherit the property of Mademoiselle de Canillac — property formerly confiscated from her father, abandoned by the king to a keeper of the royal treasure, and afterwards given by this keeper of the royal treasure to the testatrix. And in this case of a woman of Auvergne a lawyer refers us to that of Ahab, one of the petty kings of a part of Palestine, who confiscated Naboth’s vineyard, after assassinating36 its proprietor37 with the poniard of Jewish justice — an abominable38 act, which has become a proverb to inspire men with a horror for usurpation39. Assuredly, Naboth’s vineyard has no connection with Mademoiselle de Canillac’s inheritance. Nor do the murder and confiscation of the goods of Mephibosheth, grandson of King Saul, and son of David’s friend Jonathan, bear a much greater affinity40 to this lady’s will.
With this pedantry41, this rage for citations42 foreign to the subject; with this ignorance of the first principles of human nature; with these ill-conceived and ill-adapted prejudices, has jurisprudence been treated on by men who, in their sphere, have had some reputation.

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1
confiscation
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n. 没收, 充公, 征收 | |
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2
extorted
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v.敲诈( extort的过去式和过去分词 );曲解 | |
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maxim
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n.格言,箴言 | |
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4
confiscate
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v.没收(私人财产),把…充公 | |
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confiscates
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没收,充公( confiscate的名词复数 ) | |
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6
condemn
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vt.谴责,指责;宣判(罪犯),判刑 | |
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banishment
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n.放逐,驱逐 | |
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rigor
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n.严酷,严格,严厉 | |
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miseries
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n.痛苦( misery的名词复数 );痛苦的事;穷困;常发牢骚的人 | |
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condemned
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adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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11
galleys
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n.平底大船,战舰( galley的名词复数 );(船上或航空器上的)厨房 | |
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12
cavern
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n.洞穴,大山洞 | |
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13
orphans
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孤儿( orphan的名词复数 ) | |
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14
commonwealth
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n.共和国,联邦,共同体 | |
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15
dictated
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v.大声讲或读( dictate的过去式和过去分词 );口授;支配;摆布 | |
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16
avarice
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n.贪婪;贪心 | |
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17
reverence
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n.敬畏,尊敬,尊严;Reverence:对某些基督教神职人员的尊称;v.尊敬,敬畏,崇敬 | |
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18
ordinance
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n.法令;条令;条例 | |
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19
feudal
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adj.封建的,封地的,领地的 | |
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20
anarchy
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n.无政府状态;社会秩序混乱,无秩序 | |
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21
condemnation
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n.谴责; 定罪 | |
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22
swollen
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adj.肿大的,水涨的;v.使变大,肿胀 | |
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23
wreck
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n.失事,遇难;沉船;vt.(船等)失事,遇难 | |
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24
fatten
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v.使肥,变肥 | |
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remains
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n.剩余物,残留物;遗体,遗迹 | |
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26
jurisdiction
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n.司法权,审判权,管辖权,控制权 | |
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27
formerly
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adv.从前,以前 | |
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regularity
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n.规律性,规则性;匀称,整齐 | |
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29
talon
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n.爪;(如爪般的)手指;爪状物 | |
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30
confiscated
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没收,充公( confiscate的过去式和过去分词 ) | |
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31
oratory
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n.演讲术;词藻华丽的言辞 | |
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32
smite
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v.重击;彻底击败;n.打;尝试;一点儿 | |
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33
utterly
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adv.完全地,绝对地 | |
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34
whit
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n.一点,丝毫 | |
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35
apprised
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v.告知,通知( apprise的过去式和过去分词 );评价 | |
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36
assassinating
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v.暗杀( assassinate的现在分词 );中伤;诋毁;破坏 | |
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proprietor
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n.所有人;业主;经营者 | |
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abominable
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adj.可厌的,令人憎恶的 | |
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39
usurpation
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n.篡位;霸占 | |
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40
affinity
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n.亲和力,密切关系 | |
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41
pedantry
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n.迂腐,卖弄学问 | |
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42
citations
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n.引用( citation的名词复数 );引证;引文;表扬 | |
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