A Manual of Ancient HistoryThalheimer, M. E. (Mary Elsie)
History
A Manual of Ancient History
Thalheimer, M. E. (Mary Elsie)
History, Ancient
=47.= Only a few points in this celebrated work of legislation can here
be noticed. The laws of Rome gave to a father absolute right of property
in his family. He might sell his son, his daughter, or even his wife.
The latter act, indeed, was denounced as impious by the religious law,
but no penalty was attached to it; the curse of the chief pontiff merely
marked the guilty person for the wrathful judgments of Heaven. If a
father desired to make his son free, the process was more difficult than
the emancipation of a slave. The latter, if sold to another master, could
be liberated at once, but a son thus sold and liberated returned to the
possession of his father. This subjection could only end with the death
of the parent, though the son himself might then be an old man. The
Twelve Tables enacted that, if a father had three times sold his son,
he lost all further control over him; but a son thus emancipated was
considered as severed from all relationship with his father, and could
no longer inherit his property. Women were all their lives considered as
minors and wards. If their father died, they passed under the control of
their brothers; or, if they married, they became the absolute property of
their husbands. A widow might become the ward of her own son. Marriages
between patricians and plebeians were declared unlawful, and children
born in such had no claim upon their fathers’ possessions.
=48.= The ten Law-givers visited with their heaviest penalties the
defamation of character; and so stringent was their definition of libel,
that neither poets nor historians dared even name the living except
in terms of praise. It is much more difficult, therefore, to gain a
true idea of public men in the history of Rome than of Greece, whose
historians spoke with grand impartiality of men and measures, and the
license of whose comic poets, though often used with insolent injustice,
yet shows us all the weak points of character, and reveals the man as his
contemporaries really saw him. The Roman historians, even when writing of
the past, could often draw their materials only from funeral orations, or
from the flattering verses of dependent poets, laid up among the records
of great families.
=49.= The decemvirs, during their appointed year of office, completed
ten tables of laws; and these, according to Roman ideas, were so just
and so acceptable, that the assemblies willingly consented to renew
the same form of government for another term, especially as the work
of legislation was not quite complete. In the new decemvirate, Appius
Claudius was re-elected, and his unscrupulous character now made itself
felt in the tyrannical nature of the government. The people found that
they had ten consuls instead of two, and the power of the Ten was
unchecked by any popular tribune.
Public-domain text, read in full here on John Shaqi.
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