Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
(i.) Those concerned with family life and private relations. The father
as the domestic magistrate or judge[1072] was wholly responsible for
the conduct of the little world of the family, and the censor exercised
his control over women vicariously through their husbands.[1073]
The objects of censorian animadversion were the cruel punishment of
slaves,[1074] the wrong done to a client, which had been formerly
punished by pontifical law,[1075] the bad education of children, whether
it took the form of undue harshness or of over-indulgence,[1076] and
the non-performance of the _sacra_ of the clan.[1077] The censors
discountenanced celibacy,[1078] imposing additional taxation on
persistent bachelors.[1079] They discouraged _mésalliances_ such as
unions between free-born citizens and freedwomen,[1080] and checked the
legal freedom of divorce. In the usual marriage by _consensus_ a mere
repudiation on the part of the husband was sufficient to dissolve the
tie;[1081] but the censors restrained a reckless exercise of this power,
and we find a senator degraded for divorcing his wife without taking
advice of the family council.[1082] They also punished bad husbandry,
neglect of property,[1083] and luxurious living,[1084] and enforced good
faith (_fides_) in the execution of informal contracts which were not yet
protected by the sanctions of the civil law. This was especially the case
with guardianship (_tutela_),[1085] but their scrutiny extended to all
legal relations that were held to involve _bona fides_, such as those of
partnership, mandate, and deposit.[1086]
(ii.) Disqualifications were pronounced as a consequence of certain modes
of life, trades, or professions. Actors were perpetually disqualified
from all civic privileges,[1087] and gladiators were probably subject
to a similar degradation.[1088] Amongst dishonourable employments
was reckoned that of a money-lender who exacted an excessive rate of
interest.[1089]
(iii.) Breaches of political duty in any sphere called down the
censor’s displeasure. The magistrate might be degraded for cruelty or
insubordination in the exercise of his office,[1090] for the neglect of
constitutional formalities,[1091] for a misuse of the auspices,[1092]
or even for the passing of a law likely to injure the morals of
the community.[1093] The _judex_ might be punished for accepting
bribes,[1094] the soldier or officer for shirking service or for showing
cowardice or disobedience,[1095] and the voting citizen for a misuse of
his judicial or elective power.[1096] Disgraceful conduct in a court
of law might also entail the censure. It visited the collusion of a
prosecutor with the accused or malicious prosecution in a criminal case
(_praevaricatio_, _calumnia_),[1097] and attended false witness and false
oaths. Since there was no secular punishment for perjury, its visitation
was peculiarly the work of the censors.[1098]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account