CAPITULATIONS AND FOREIGNERS. 147 uct of the law of the market, evolved by finding what observ- ances and elements of law were common to all nations. But the jus (/e?it hn/i ^^p]lcd mainl}^ to matters in dispute between Romans and foreio^ners, and not to questions between foreign- ers themselves. The Roman was unwilling to give the priv- ilege of his law to a foreigner except where it was to the interest of the Roman so to do. The law of the New Rome, however, which is what jurists usually think of when the term Roman law is used, had, from the time of Justinian, two cen- turies after Constantine, merged the two systems of law into one in much the same way that our own Judicature Acts have merged the systems of common law and equity. There was no time, however, either in the history of Rome or Constanti- nople, when foreigners had the full rights possessed by Roman citizens. Privileges were conceded to them for the purpose of trade. Commercial treaties were made with the nations to which they belonged. Strangers were invited and induce- ments held out to them to settle in the country. In every c;ise, however, they were to be under their own government, and they were never permitted to have all or most of the bene- fits conferred on subjects of the empire. They might come to the country and trade with its inhabitants, and would be pro- tected in so doing, but they must govern themselves and ex- pect nothing but protection and the right to trade on certain conditions imposed by the state. This condition of things existed only to a modified extent Rule as to i" ^hc casc of uatious which had been brought into subject races, subjection to the empire. The emperors had to take in hand the administration of law to people of widely different customs, religions, races, and countries. Ultimately the rights and obligations imposed by a portion of Roman law were conferred and imposed upon all subjects of the empire, though, of course, not upon resident foreigners. Caracalla, for the sake of increasing the revenues, had made all subjects of the empire into Roman citizens. But the most convenient way of administering Roman law even to Roman citizens was, in the words of Cassiodorus, the secretary of Theodoric the Great, to allow the Roman to be a judge for the Roman, the
