The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
§36. In other respects _manus_ conferred more limited powers. The
husband was required by law, not merely obliged by custom, to refer
alleged misconduct of his wife to the _iūdicium domesticum_, and this
was composed in part of her cognates (§25). He could put her away for
certain grave offenses only; if he divorced her without good cause he
was punished with the loss of all his property. He could not sell her
at all. In short, public opinion and custom operated even more
strongly for her protection than for that of her children. It must be
noticed, therefore, that the chief distinction between _manus_ and
_patria potestās_ lay in the fact that the former was a legal
relationship based upon the consent of the weaker party, while the
latter was a natural relationship antecedent to all law and choice.
[Illustration: FIGURE 4. LUCIUS CORNELIUS SULLA]
§37. Dominica Potestas.--The right of ownership in his property
(_dominica potestās_) was absolute in the case of a _pater familiās_
and has been sufficiently explained in preceding paragraphs. This
ownership included slaves as well as inanimate things, and slaves as
well as inanimate things were mere chattels in the eyes of the law.
The influence of custom and public opinion, so far as these tended to
mitigating the horrors of their condition, will be discussed later. It
will be sufficient to say here that there was nothing to which the
slave could appeal from the judgment of his master. It was final and
absolute.
CHAPTER II
THE NAME
REFERENCES: Marquardt, 7-27; Voigt, 311, 316 f., 454; Pauly-Wissowa,
under _cognōmen_; Smith, Harper, and Lübker, under _nōmen_.
See also: Egbert, "Latin Inscriptions," Chapter IV; Cagnat, "Cours
d'Epigraphie Latine," Chapter I; Hübner, "Römische Epigraphik," pp.
653-680 of Müller's _Handbuch_, Vol. I.
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