The Germany and the Agricola of TacitusTacitus, Cornelius
History
The Germany and the Agricola of Tacitus
Tacitus, Cornelius
Agricola, Gnaeus Julius, 40-93; Germanic peoples -- Early works to 1800; Statesmen -- Rome -- Biography -- Early works to 1800
[118] Justin has a similar thought concerning the Scythians: "Justice is
cultivated by the dispositions of the people, not by the laws." (ii.
2.) How inefficacious the good laws here alluded to by Tacitus were
in preventing enormities among the Romans, appears from the frequent
complaints of the senators, and particularly of Minucius Felix; "I
behold you, exposing your babes to the wild beasts and birds, or
strangling the unhappy wretches with your own hands. Some of you, by
means of drugs, extinguish the newly-formed man within your bowels, and
thus commit parricide on your offspring before you bring them into the
world." (Octavius, c. 30.) So familiar was this practice grown at Rome,
that the virtuous Pliny apologises for it, alleging that "the great
fertility of some women may require such a licence."--xxix. 4, 37.
[119] _Nudi ac sordidi_ does not mean "in nakedness and filth," as most
translators have supposed. Personal filth is inconsistent with the daily
practice of bathing mentioned c. 22; and _nudus_ does not necessarily
imply absolute nakedness (see note 4, p. 293).
[120] This age appears at first to have been twelve years; for then a
youth became liable to the penalties of law. Thus in the Salic law it is
said, "If a child under twelve commit a fault, 'fred,' or a mulct, shall
not be required of him." Afterwards the term was fifteen years of
age. Thus in the Ripuary law, "A child under fifteen shall not be
responsible." Again, "If a man die, or be killed, and leave a son;
before he have completed his fifteenth year, he shall neither prosecute
a cause, nor be called upon to answer in a suit: but at this term, he
must either answer himself, or choose an advocate. In like manner with
regard to the female sex." The Burgundian law provides to the same
effect. This then was the term of majority, which in later times, when
heavier armor was used, was still longer delayed.
[121] This is illustrated by a passage in Caesar (Bell. Gall. vi. 21):
"They who are the latest in proving their virility are most commended.
By this delay they imagine the stature is increased, the strength
improved, and the nerves fortified. To have knowledge of the other
sex before twenty years of age, is accounted in the highest degree
scandalous."
[122] Equal not only in age and constitution, but in condition. Many of
the German codes of law annex penalties to those of both sexes who marry
persons of inferior rank.
[123] Hence, in the history of the Merovingian kings of France, so many
instances of regard to sisters and their children appear, and so many
wars undertaken on their account.
[124] The court paid at Rome to rich persons without children, by the
Haeredipetae, or legacy-hunters, is a frequent subject of censure and
ridicule with the Roman writers.
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