The organization of the system was of very old standing. From time
immemorial the minor children and the women of a family and of a clan
had been under the legal control and care of the family’s head. In the
developed system of law, the technical terms were _tutela_ and _cura_,
the former being the guardianship of a child until fourteen, the latter
the guardianship of a youth until twenty-five, as well as the care of an
adult incompetent. This system of guardianship was further extended, but
always remained the same in principle. It was the duty of the family to
provide for its destitute members, and the legal extension the system
underwent was simply that of widening the family circle. Not merely
close relatives but remoter kinsmen were drawn into it as far as the
obligations of guardianship were concerned; and in default of kinsmen,
the guild, society, or commune assumed the wardship of minors, and was
answerable for their maintenance.
It is easy to understand how important this item of state service
became, when we recall how large a part of the municipal budgets in
England during many centuries was concerned with the care of the poor.
But after the disintegration of the slave system on its economic side,
the number of persons for whose care this provision had to be made must
have been much greater than it was in England at any time. If nothing
else, the minute care with which the burdens of wardship were
apportioned, the precautions against their evasion, the great part its
discussion played in legal literature,[393] will make it evident that
wardship of minors was a vitally important matter, and its
administration one of the chief functions of citizenship in the empire.
Many groups of men were practically exempted from all other state dues,
provided the guardianship of minors within that group was assumed.
The maintenance of the poor is almost a corollary of the compulsory
wardship of women and minors. The artisan whose efforts no longer
sufficed to maintain his family often absconded, or in very many cases
succumbed physically to his tasks, leaving in either case a family for
whose wardship his kinsmen or colleagues had to provide. The state
foundations instituted and maintained by Trajan and his successors were
probably abandoned during the third century, when the _tutela_ was
systematized and minutely regulated.
Public-domain text, read in full here on John Shaqi.
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