The rise, progress, and phases of human slavery: How it came into the world and how it shall be made to go outO'Brien, James Bronterre
History
The rise, progress, and phases of human slavery: How it came into the world and how it shall be made to go out
O'Brien, James Bronterre
Labor; Labor movement; Slavery; Social problems; Working class
Plutarch, in the Life of Publicola, relating the conspiracy of the
Aquilians in favour of the Tarquins, tells us that Junius Brutus in
like manner arrogated the right of jurisdiction in the affair of his
own son, and that he judged, condemned, and caused him to be executed
in virtue of his paternal authority, without any of those judiciary
observances which were adhered to in respect of the other conspirators.
Titus Livius, an earlier and higher authority in such matters than
Plutarch, gives a similar account of this affair.
Down to the times of Sylla, there does not appear to have been any
considerable check or restraint imposed upon paternal power. The
absolute authority of fathers was in some slight degree moderated by
a law of that dictator, known to jurisconsults under the title of
“Lex Cornelia de Sicariis”--a law aimed not so much at the domestic
jurisdiction of fathers, as at the abuse of such jurisdiction for
the purposes of private vengeance. But, that and similar laws
notwithstanding, we find, even under the emperor, examples of domestic
jurisdiction which go to prove that the sovereign authority of
fathers was carried out through every epoch of the civil law. The
philosopher, Seneca, reports the particulars of a process by a great
personage, named Titus Arrius, instituted of his own authority, at his
own domestic tribunal, against his own son. At this process or trial
Augustus himself assisted as a simple witness. Seneca’s account of
this affair, which is brief and to the purpose, is worthy of notice.
“Titus Arrius,” he says, “wishing to judge his son, invited Augustus
to his domestic council. The emperor repaired to this citizen’s
home, took his seat, and gave his presence simply as a witness of an
affair in which he was not concerned. Augustus does not say: ‘Let the
accused be brought before me at my palace;’ that would have been to
arrogate to himself jurisdiction in the matter, and to deprive the
father of his rights. After the cause had been heard--the accusation
and defence--Titus Arrius demanded of each of the council to write
down his judgment.” Tacitus, in like manner, relates that a senator,
named Plautius, sat in judgment upon his own wife, Pomponia Græcina,
who was accused of addicting herself to superstitions. She was tried
before the assembled household, and according to ancient usage.
This happened in the reign of Nero. To these pagan we might add the
Christian authority of Tertullian, who makes mention, at the opening
of his “Apologetica,” of domestic judgments which had just recently
taken place at Rome, and which, like that of Plautius, would seem
to have been directed against the Christians, whose religion, till
the reign of Constantine, was looked upon (to use the language of
Tacitus) as “a deplorable and destructive superstition.” In short,
the despotism of paternal authority appears to have prevailed in Rome
at every epoch of her history, down to the period when paganism lost
its hold upon the population.
Public-domain text, read in full here on John Shaqi.
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