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 child, as having no property, cannot give satisfaction for
wrongs which he has committed. He is regarded as irresponsible, and
responsibility for his conduct devolved on the father, who might either
give compensation to the injured man, or surrender the delinquent for
him to visit with his vengeance, or to use as a means of working out the
damage (_noxae deditio_);[78] in the latter case the child becomes for
ever the property of another. The father might sell him; if beyond the
limits of the country, the son becomes a slave; if within the limits, he
is one in private though not in public law (_in causa mancipii_), and
exchanges servitude to the father for that to the purchaser. In an age
which recognised no free contract of labour, the sale of the son was a
means of putting him out to business.[79] The injunction of the Twelve
Tables (perhaps the recognition of a custom far earlier than this law)
that the thrice-repeated sale of a son involved loss of the _patria
potestas_,[80] was an attempt to put an end to an inhuman traffic. The
child as a thing might be stolen or detained, and as such be the object
of recovery. In this case the father “vindicates” him as he would a
chattel or a beast that had strayed from the homestead.[81]
The father might scourge or imprison his child,[82] even put him to
death. The formula employed in adrogation (the procedure by which a
man puts himself into the paternal power of another) shows that the
_jus vitae necisque_ was the most distinctive aspect of the _patria
potestas_.[83] It was a power never questioned throughout the whole of
Republican history, and which received no legal limitations until the
time of the Middle Empire.[84] Sometimes it was employed as a means of
saving the honour of the family, and there are instances of the son
guilty of theft, the daughter of unchastity, being thus put to death;[85]
sometimes it was enforced in the interest of the state to punish a public
crime.[86]
Public-domain text, read in full here on John Shaqi.
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