Ave Roma Immortalis, Vol. 1: Studies from the Chronicles of Rome — John Shaqi
Ave Roma Immortalis, Vol. 1: Studies from the Chronicles of RomeCrawford, F. Marion (Francis Marion)
History
Ave Roma Immortalis, Vol. 1: Studies from the Chronicles of Rome
Crawford, F. Marion (Francis Marion)
Rome (Italy) -- Description and travel
It is hard for Anglo-Saxons to believe that, for more than a thousand
years, a Roman father possessed the absolute legal right to try, condemn
and execute any of his children, without witnesses, in his own house and
without consulting anyone. Yet nothing is more certain. 'From the most
remote ages,' says Professor Lanciani, the highest existing authority,
'the power of a Roman father over his children, including those by
adoption as well as by blood, was unlimited. A father might, without
violating any law, scourge or imprison his son, or sell him for a slave,
or put him to death, even after that son had risen to the highest
honours in the state.' During the life of the father, a child, no matter
of what age, could own no property independently, nor keep any private
accounts, nor dispose of any little belongings, no matter how
insignificant, without the father's consent, which was never anything
more than an act of favour, and was revocable at any moment, without
notice. If a son became a public magistrate, the power was suspended,
but was again in force as soon as the period of office terminated. A man
who had been Dictator of Rome became his father's slave and property
again, as soon as his dictatorship ended.
But if the son married with his father's consent, he was partly free,
and became a 'father' in his turn, and absolute despot of his own
household. So, if a daughter married, she passed from her father's
dominion to that of her husband. A Priest of Jupiter for life was free.
So was a Vestal Virgin. There was a complicated legal trick by which the
father could liberate his son if he wished to do so for any reason, but
he had no power to set any of his children free by a mere act of will,
without legal formality. The bare fact that the men of a people should
be not only trusted with such power, but that it should be forcibly
thrust upon them, gives an idea of the Roman character, and it is
natural enough that the condition of family life imposed by such laws
should have had pronounced effects that may still be felt. As the Romans
were a hardy race and long-lived, when they were not killed in battle,
the majority of men were under the absolute control of their fathers
till the age of forty or fifty years, unless they married with their
parents' consent, in which case they advanced one step towards liberty,
and at all events, could not be sold as slaves by their fathers, though
they still had no right to buy or sell property nor to make a will.
There are few instances of the law being abused, even in the most
ferocious times. Brutus had the right to execute his sons, who conspired
for the Tarquins, without any public trial. He preferred the latter.
Titus Manlius caused his son to be publicly beheaded for disobeying a
military order in challenging an enemy to single combat, slaying him,
and bringing back the spoils. He might have cut off his head in private,
so far as the law was concerned, for any reason whatsoever, great or
small.
Public-domain text, read in full here on John Shaqi.
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