For example, we read that the Anglo-Saxon law held many children at
the age of ten responsible for some acts which were forbidden, but
that most youth were legally minors until the age of fifteen. Until
the early period of the eighteenth century it was still possible for a
parent to legally sell his children, "a girl up to fourteen, a boy
under seven." And after that period a wayward or troublesome son or
daughter, or any of the offspring, when the parents could be proved
financially incapable of their care, could be sent to convent or
monastery.
The ability to bear arms seems to have been the criterion for legal
coming of age. The Romans, with their heavy weapons, held the son in
tutelage until the age of fifteen. The Germans, with their use of
light darts, gave their sons power of self-control at the age of
twelve. In the heyday of feudalism "a knight's son became of age when
he could swing his father's sword" and "a yeoman's son when he could
swing his father's battle-axe," and by that process the fathers were
released from liability to punishment for their sons' misdemeanors.
On the other hand, after the tenth century, no child under ten could
be punished for his father's crimes unless it could be shown that he
was a party to them, and the custom of carrying family autonomy so far
as to wipe out innocent and guilty alike, when a treason or crime of
any sort angered the powers in command, was practically ended.
When the beginnings of the modern industrial order appeared and
burghers shared with knights and yeomen the social responsibility, "a
burgher's son acquired freedom and legal responsibility when he could
count and measure broadcloth." The wife gained a growing and perilous
freedom from laws which increased her direct relationship to the
state. She attained the power of being punished even by the death
penalty for broken laws far earlier than she attained the slightest
influence in the passage or enforcement of those laws. It was
generally thought, however, until very recently, that if a wife "did
not behave" it was the husband's fault and right that he should suffer
the consequences.
Public-domain text, read in full here on John Shaqi.
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