scandal against a man of full age occupying a high civil office.
During the earlier history, however, such cases of practical
emancipation would be rare compared with those which must have been
created by the constant wars of the Roman republic. The military
tribune and the private soldier who were in the field three-quarters
of a year during the earlier contests, at a later period the proconsul
in charge of a province, and the legionaries who occupied it, cannot
have had practical reason to regard themselves as the slaves of a
despotic master; and all these avenues of escape tended constantly to
multiply themselves. Victories led to conquests, conquests to
occupations; the mode of occupation by colonies was exchanged for the
system of occupying provinces by standing armies. Each step in advance
was a call for the expatriation of more Roman citizens and a fresh
draft on the blood of the failing Latin race. We may infer, I think,
that a strong sentiment in favour of the relaxation of the Patria
Potestas had become fixed by the time that the pacification of the
world commenced on the establishment of the Empire. The first serious
blows at the ancient institution are attributed to the earlier Caesars,
and some isolated interferences of Trajan and Hadrian seem to have
prepared the ground for a series of express enactments which, though
we cannot always determine their dates, we know to have limited the
father's powers on the one hand, and on the other to have multiplied
facilities for their voluntary surrender. The older mode of getting
rid of the Potestas, by effecting a triple sale of the son's person,
is evidence, I may remark, of a very early feeling against the
unnecessary prolongation of the powers. The rule which declared that
the son should be free after having been three times sold by his
father seems to have been originally meant to entail penal
consequences on a practice which revolted even the imperfect morality
of the primitive Roman. But even before the publication of the Twelve
Tables it had been turned, by the ingenuity of the jurisconsults, into
an expedient for destroying the parental authority wherever the father
desired that it should cease.
Public-domain text, read in full here on John Shaqi.
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