This word _familia_ did not mean exactly what we mean by family;
household would perhaps come nearer to it, if we understand by household
a group of individuals supporting itself on the land. It meant not only
father, mother, and children, but also their dependents, whether bond or
free. These, if bond, were slaves (_servi_), prisoners of war and the
children of such prisoners, or persons who had forfeited their liberty
by debt: if free, they were clients, who for some reason had become
attached to the _familia_ in an inferior position, and looked to it for
subsistence and protection. And our picture is not complete unless we
take into account also the divine members of the group, dwelling in the
house or on the land, to whom the human members looked for protection
and prosperity in all the walks of life. Chief among these were the
spirit of the hearth-fire, Vesta; Penates, the spirits of the
store-closet and its contents: the Lar, the guardian spirit of the
cultivated land, or, as some think, of a departed ancestor; and the
Genius of the head of the family, which enabled him to beget children
and so continue the collective life of the group. Though these
spirits—they are hardly yet deities—naturally seem to us mere fancies of
the primitive Roman mind, they were to that mind itself as real and
active as any human member of the group, and we must try to think of
them as such, for they played a very important part in the development
of the quality we wish to realise.
Now this group, or rather the human part of it, lived under a very
simple and effective form of government. It was under the absolute
control of a head, the father and husband; or, if more than one family
lived together, the oldest living father and husband. Over wife and
children he had a father’s power (_patria potestas_), and they were said
to be in his _hand_; over the slaves he had a master’s power
(_dominium_): to his clients he was _patronus_, or quasi-father. His
power over wife and children was absolute, but it was kept from being
arbitrary by a wholesome custom, of immense importance in all its
results throughout Roman history, of seeking the advice of a council of
relations before taking any extreme step in the way of punishment for
serious offences. This was an obligation, a duty, on his part, enforced
by no law, but by what may be well called an even more powerful
sovereign than law—the custom of the ancestors (_mos majorum_). His
power over his client, or his freed slave if he had any such, was
restrained by customs of mutual obligation, which eventually found their
way into law. His power over his slaves was, however, not only absolute
but arbitrary, and so continued down to the latest period of Roman
history; yet the slave, we must not forget, was really a member of the
_familia_, and as such was probably treated as a human being, necessary
to the life of the group, and even partaking to some extent in its
religious worship.
Public-domain text, read in full here on John Shaqi.
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