According to M. Fustel de Coulanges, the unlimited subjection of the
son to the father existed amongst the ancient Greeks, but disappeared
at an early period at Athens, and somewhat later at Sparta.[1432] It
seems very doubtful, however, whether this subjection ever was so
unlimited as among the Romans. The relations of Ulysses and Laertes
in the Odyssey indicate that, at least under certain circumstances, a
father in the decrepitude of age could be deposed from the headship
of the family. In the mature Greek jurisprudence, as Sir Henry Maine
points out, the direct authority of the parent is restricted, as in
European codes, to the nonage or minority of the children.[1433] At
Athens, a son was in his father’s power till twenty years of age; then
he could marry without paternal sanction.[1434] Women, on the other
hand, were in a state of nonage throughout life. A woman could not be
a party to any act of importance without the consent of her guardians,
whose rights, after her marriage, passed to the husband. As a rule, it
was the lot of a Greek woman to be given in marriage to a man whom
she did not know.[1435] “Les femmes, à Athènes,” says M. Cauvet, “ne
devaient jamais choisir elles-mêmes leur époux, toujours il leur était
par le tuteur que la loi leur donnait.”[1436] At Sparta, as well as
at Athens, the betrothal of the bride by her father or guardian was
requisite as an introduction to marriage.[1437]
Among the Teutons, the father certainly had the power to expose or
sell his children under age, but an adult son could put his infirm and
aged parents to death.[1438] “Quelle que soit la ressemblance des
deux institutions,” says M. Laboulaye, “on ne peut pas confondre la
puissance paternelle (_patria potestas_) des Romains et la puissance
paternelle des barbares, le _mundium_.”[1439] Far from being, as in
Rome, a power throughout life, the _mundium_ over a son ceased as soon
as he was able to shift for himself.[1440] M. Pardessus asserts that,
at any rate in the fifth and sixth centuries, such paternal authority
as a Roman father exerted did not exist among the Franks;[1441] and an
old commentator states that, “by the law of the Langobardi, children
are not under the ‘power’ of the father.” Nevertheless, the _mundium_
among these people was more severe than among any other of the Teutonic
nations.[1442] The extent of the father’s rights in earlier times,
when the Teutons had no written laws, we do not definitely know; but,
according to Tacitus, a house-father had not unlimited power even over
his slaves;[1443] so it is impossible to believe in the prevalence of
a _patria potestas_ of the Roman type among them. In choosing a wife,
however, the men had apparently in early days to take counsel with
their kinsfolk.[1444] “The parents and relations of the parties,”
says Tacitus, “are consulted in cases of marriage, and determine the
nature of the bridal gifts.”[1445] Women always remained in a state of
dependence.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account