Many of the causes which helped to mitigate the stringency of the
father's power over the persons of his children are doubtless among
those which do not lie upon the face of history. We cannot tell how
far public opinion may have paralysed an authority which the law
conferred, or how far natural affection may have rendered it
endurable. But though the powers over the _person_ may have been
latterly nominal, the whole tenour of the extant Roman jurisprudence
suggests that the father's rights over the son's _property_ were
always exercised without scruple to the full extent to which they were
sanctioned by law. There is nothing to astonish us in the latitude of
these rights when they first show themselves. The ancient law of Rome
forbade the Children under Power to hold property apart from their
parent, or (we should rather say) never contemplated the possibility
of their claiming a separate ownership. The father was entitled to
take the whole of the son's acquisitions, and to enjoy the benefit of
his contracts without being entangled in any compensating liability.
So much as this we should expect from the constitution of the earliest
Roman society, for we can hardly form a notion of the primitive family
group unless we suppose that its members brought their earnings of all
kinds into the common stock while they were unable to bind it by
improvident individual engagements. The true enigma of the Patria
Potestas does not reside here, but in the slowness with which these
proprietary privileges of the parent were curtailed, and in the
circumstance that, before they were seriously diminished, the whole
civilised world was brought within their sphere. No innovation of any
kind was attempted till the first years of the Empire, when the
acquisitions of soldiers on service were withdrawn from the operation
of the Patria Potestas, doubtless as part of the reward of the armies
which had overthrown the free commonwealth. Three centuries afterwards
the same immunity was extended to the earnings of persons who were in
the civil employment of the state. Both changes were obviously limited
in their application, and they were so contrived in technical form as
to interfere as little as possible with the principle of Patria
Potestas. A certain qualified and dependent ownership had always been
recognised by the Roman law in the perquisites and savings which
slaves and sons under power were not compelled to include in the
household accounts, and the special name of this permissive property,
Peculium, was applied to the acquisitions newly relieved from Patria
Potestas, which were called in the case of soldiers Castrense
Peculium, and Quasi-castrense Peculium in the case of civil servants.
Other modifications of the parental privileges followed, which showed
a less studious outward respect for the ancient principle. Shortly
after the introduction of the Quasi-castrense Peculium, Constantine
the Great took away the father's absolute control over property which
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