The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
§33. So, too, in regard to the ownership of property the conditions
were not really so hard as the strict letter of the law makes them
appear to us. It was customary for the Head of the House to assign to
his children property, _pecūlia_ ("cattle of their own"), for them to
manage for their own benefit. And more than this, although the _pater
familiās_ held legal title to all their acquisitions, yet practically
all property was acquired for and belonged to the household as a
whole, and he was in effect little more than a trustee to hold and
administer it for the common benefit. This is shown by the fact that
there was no graver offense against public morals, no fouler blot on
private character, than to prove untrue to this trust, _patrimōnium
prōfundere_. Besides this, the long continuance of the _potestās_ is
in itself a proof that its rigor was more apparent than real.
[Illustration: FIGURE 3. PUBLIUS CORNELIUS SCIPIO AFRICANUS]
§34. Extinction of the Potestas.--The _patria potestās_ was
extinguished in various ways:
1. By the death of the _pater familiās_, as has been explained in §19.
2. By the emancipation of the son or daughter.
3. By the loss of citizenship by either father or son.
4. If the son became a _flāmen diālis_ or the daughter a _virgō
vestālis_.
5. If either father or child was adopted by a third party.
6. If the daughter passed by formal marriage into the power (_in
manum_) of a husband, though this did not essentially change her
dependent condition (§35).
7. If the son became a public magistrate. In this case the _potestās_
was suspended during the period of office, but after it expired the
father might hold the son accountable for his acts, public and
private, while holding the magistracy.
§35. Manus.--The subject of marriage will be considered later; at this
point it is only necessary to define the power over the wife possessed
by the husband in its most extreme form, called by the Romans _manus_.
By the oldest and most solemn form of marriage the wife was separated
entirely from her father's family (§28) and passed into her husband's
power or "hand" (_conventiō in manum_). This assumes, of course, that
he was _suī iūris_; if he was not, then though nominally in his "hand"
she was really subject as he was to his _pater familiās_. Any property
she had of her own, and to have had any she must have been independent
before her marriage, passed to him as a matter of course. If she had
none, her _pater familiās_ furnished a dowry (_dōs_), which shared the
same fate. Whatever she acquired by her industry or otherwise while
the marriage lasted also became her husband's. So far, therefore, as
property rights were concerned the _manus_ differed in no respect from
the _patria potestās_: the wife was _in locō fīliae_, and on the
husband's death took a daughter's share in his estate.
Public-domain text, read in full here on John Shaqi.
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