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
The two ideas underlying the Roman conception of the family are those of
unity and power, and both are singularly perfect. The former is attained,
and the latter exercised, by the head. It is through him alone that
the family is a person; and the authority he wields over the members
subordinated to his will is called _potestas_.[75] The power over the
children is described as _patria potestas_, as over the slave it is
_dominica_. The two do not differ legally; there is only a difference
of ethical signification. Under this _potestas_ fall, firstly, the
children, both sons and daughters; secondly, the descendants of these
children; thirdly, the wife united to her lord by a form of marriage
which makes her a member of the family; fourthly, the wives of the sons
and grandsons who have entered the _familia_ by a similar binding form
of marriage. There is a complete absence of independent rights amongst
these members of the household. As to the wife, any property that she
might be possessed of, or which she acquired, passed absolutely into the
power of her husband. He was responsible for her conduct and possessed
the right of moderate chastisement. Severer punishment for wrongs to the
household required the support of the family council. No legal action
might be brought by the woman against her lord, for they were not two
personalities, but one. He might divorce her on good grounds,[76] but if
she were married under a form which subjected her to his power, she had
no legal means of freeing herself from his tyrannous rule. Her position
is that of a daughter and she inherits equally with her children. The
decision as to whether the child of the marriage was to be reared
(_liberi susceptio_) belonged to the father, but was, in the interest
of the state, subjected at an early period to certain modifications.
The “laws of Romulus”—that is, the early pontifical law—enjoined the
rearing of every male child and of the first-born of the females; the
exposure of offspring was to receive the assent of five neighbours,[77]
and disobedience of these canons was to be visited with severe penalties
on the parent who neglected the welfare of the state. The children and
their descendants are never released from the absolute rule of the
father as long as he lives. They cannot own property; for all that they
acquire belongs to the common stock and is at the disposal of the head
of the family. At best the father might permit the son, as he might
permit the slave, to employ his own earnings for his own use. This is
the _peculium_. Yet the grant is a mere concession, and one which may be
withdrawn at any moment. If the son dies it lapses to the father; if the
father dies it falls to the heir.
Public-domain text, read in full here on John Shaqi.
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