As the laws of the Twelve Tables represented the earliest fight against
privilege, it would be too much to expect that they should contain any
amelioration of the statute which gave the father the right to sell
or kill his children. Even the language of the laws, in the fragments
which have come down to us, shows in rugged, concise, and sternly
imperative style that the law gained the respect in which it eventually
came to be held, by no soft or easy methods.[329]
“If the complainant summon the defendant before the magistrate, he
shall go; if he do not go, the plaintiff may call a bystander to
witness, and take him by force;” this is the first section of the first
paragraph of the laws of the Twelve Tables.
Where there was so much sternness, and where every family was presided
over by a parent who had the right to inflict death as a punishment for
disobedience, the disciplinary attitude of the Roman mind naturally
became such, no matter what it had been in the beginning, that tender
or human emotions had but little place. It is not surprising therefore
that the one extract of the laws of the Twelve Tables, relating to our
subject, should deal curiously, abruptly, and sharply with the power
of the father to sell his son, a power that was diminished only after
the son’s spirit must have been entirely extinguished.
_Si pater filium ter venum duit, filius a patre liber esto_—if a father
sells his son three times, let the son then go free of the father. In
other words, three times did the father have the right to dispose of
his son as a slave; and, while a slave might purchase his freedom,
by paying his master, the son of a Roman citizen did not become free
until the father had abused his right and misused the _potestas_ three
times.[330]
One sees the Rome of the Republic in the plays of Terence and Plautus,
and the attitude of the parents toward exposure is vividly shown in the
_Heautontimorumenos_ of the former.
Nearly always the exposed child died. Occasionally some escaped through
the tenderness or cupidity of some passer-by who would pick up an
exposed child either out of pity or for the material profit that came
with the possession.
Sometimes mothers who were obliged to obey the orders of their
husbands, arranged to have their children rescued. The comedy of
Terence goes to show what the attitude of the father was under such
circumstances. It is indeed, as De Gour says, “a chapter of the morals
of the Greeks and Romans seen in action.”
Chremes, departing on a long voyage, orders his wife, Sostrata, who
is about to have a child, to expose the child if it should turn out to
be a girl. In obeying this order, she hopefully places a ring with the
child.
Years later she meets the child at a bath and is given (by her own
daughter) a ring to guard. Sostrata recognizes the ring and when she
sees her husband the following dialogue ensues:
SOS. (_turning ’round_). Ha! my husband!
CHREM. Ha! my wife!
SOS. I was looking for you.
Public-domain text, read in full here on John Shaqi.
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