The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
Nothing is more remarkable in the Roman laws than the extent of paternal
power. It was unjust, and bears the image of a barbarous age. Moreover,
it seems to have been coeval with the foundation of the city. A father
could chastise his children by stripes, by imprisonment, by exile, by
sending them to the country with chains on their feet. He was even armed
with the power of life and death. "Neither age nor rank, nor the
consular office, could exempt the most illustrious citizen from the
bonds of filial subjection. Without fear, though not without danger of
abuse, the Roman legislators had reposed unbounded confidence in the
sentiments of paternal love, and the oppression was tempered by the
assurance that each generation must succeed in its turn to the awful
dignity of parent and master." [Footnote: Gibbon, c. xliv.] By an
express law of the Twelve Tables a father could sell his children as
slaves. But the abuse of paternal power was checked in the republic by
the censors, and afterwards by emperors. Alexander Severus limited the
right of the father to simple correction, and Constantine declared the
father who should kill his son to be guilty of murder. [Footnote: Ch.
iv. 17.] The rigor of parents in reference to the disposition of the
property of children, was also gradually relaxed. Under Augustus, the
son could keep absolute possession of what he had acquired in war. Under
Constantine, he could retain any property acquired in the civil service,
and all property inherited from the mother could also be retained. In
later times, a father could not give his son or daughter to another by
adoption without their consent. Thus this _patria potestas_ was
gradually relaxed as civilization advanced, though it remained a
peculiarity of Roman law to the latest times, and severer than is ever
seen in the modern world. [Footnote: Maine, _Ancient Law_, p. 143.]
No one but a Roman citizen could exercise this awful paternal power, nor
did it cease until the father died, or the daughter had entered into
marriage with the _conventio in manum_. Illegitimate children were
treated as if they had no father, and the mother was bound to support
them until Justinian gave to natural children a right to demand aliment
from their father. [Footnote: N. 89, ch. xii.] Fathers were bound to
maintain their children when they had no separate means to supply their
wants, and children were also bound to maintain their parents in want.
These reciprocal duties, creditable to the Roman law-givers, are
recognized in the French Code, but not in the English, which also
recognizes the right of a father to bequeath his whole estate to
strangers, which the Roman fathers had not power to do. [Footnote: Lord
Mackenzie, p. 142.] The age when children attain majority among the
Romans, was twenty-five years. Women were condemned to the perpetual
tutelage of parents, husbands, or guardians, as it was supposed they
never could attain to the age of reason and experience. The relation of
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