Something else, however, came to man in and through the patriarchal
system. Society, that gave him liberty to rule the family, rigidly
required of him that such rule should be in the social interest, as
that interest was then understood.
It was obviously for the interest of society that women should be
chaste, in order not only that a man might know his own children but
that the family line and inheritance should be preserved from
insecurity. A man's infidelity to the marriage vow might seem to do no
perceptible harm if practised outside the family circle, but woe to
him if he trespassed upon the family ownership of another man.
There might be more than one wife acknowledged as secondary in status
or a mere concubine slave to help in domestic duties while giving
pleasure to the head of the family, but there was early a social
demand for one chief wife whose offspring should inherit the family
power. Although even in this fixed demand there were loopholes of
"legal fiction of adoption" by which some favorite child not of the
actual line of inheritance might be given the place of honor and
control. Again, if the father under the patriarchal system was the
recognized economic master he was also legally held to the financial
support of wife and child. In the collective family life his
obligation extended far through the line of kinship and of alliance by
marriage, and to-day in many Oriental countries the father may be
bound to poverty as the responsible support of a large company of
dependent pensioners. It must also be remembered that if the ancient
father, as head of the family, held the permission of society to
discipline wife and child even to severity of corporal punishment he
was also charged with the task of insuring their obedience to whatever
social laws were in force and was himself legally liable to punishment
if he did not keep his family law-abiding. That moral responsibility
for the behavior of his family, early outlined in detail, was
increasingly eased by the growth of personal relationship of women and
youth to society. That was shown in the laws that defined the extent
of punishment allowed the father-head. Although he might be secure in
his legal right and duty to bestow on wife or apprentice "moderate
castigation," an old Welsh law limited him to "three blows only with
a broomstick on any part of the person except the head;" and another
ancient law allowed the use only of "a stick no longer than the
husband's arm and no thicker than his middle finger" in the case of
the wife; while Blackstone's well-remembered restriction was to "a
stick no bigger than his thumb."
The moral responsibility of the father for his children, carrying with
it as it did the liability of prison or even death for the misbehavior
of sons, was governed by various statutes which show in the Middle
Ages a growth toward freeing children from parental control and
placing upon them when "of age" a definite and personal legal bond and
penalty.
Public-domain text, read in full here on John Shaqi.
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