These laws made a great impression on Roman society. How completely
customs had swung to extremes since the days of Romulus is shown in
this _lex Papia_, as Gaius calls it. Instead of securing the father in
his right over the life of children, as the stern head of the house who
might decide at will whether he should let his offspring live, the law
now decreed that it was through the children that he gained a status in
the community. Persons who were not married and had no children were
unable to inherit; the unmarried person not being able to take any part
of what had been left to him, and the married person without children
(_orbus_) being able to take only one half.[342] Among the provisions
of the _lex Julia_, or the _leges_, were those entitling that candidate
for office who had the greatest number of children to preference. Of
the two consuls it was decreed that he should be the senior whose
children were the most numerous; a relief from all personal taxes and
burdens was granted to citizens who had three children if they lived
in Rome, four if they lived in Italy, and five if they lived in the
provinces.
With the establishment of the _caduca_, by which there was instituted
a punishment for sterility and a reward for legitimate procreation, it
can be seen that there would follow some diminution in the number of
children exposed, though according to Tacitus,[343] “marriages and the
rearing of children did not become more frequent, so powerful are the
attractions of the childless state.”
By giving the people, or the common treasury, the benefit of the
clause forfeiting the inheritance on account of sterility, the law was
recognizing the _populus_ as the common father, a legal concept that is
becoming more and more the attitude of the twentieth century, and was
then first trenchantly expressed.
Suppressed in part by the constitution of Caracalla as to the
privileges of paternity to the claim upon the _caduca_, and by
Constantine as to the penalties for celibacy, these laws were not
completely and textually abrogated until Justinian. They were the
beginning, however, of the new movement; out of the degeneration and
degradation of the waning days of the Republic there had come at
least this forward step, though the patricians complained that these
provisions gave rise to despised informers and opportunities for
tyrannical misuse of power.
Public-domain text, read in full here on John Shaqi.
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