The History of Rome (Volumes 1-5) eBook

This eBook from the Gutenberg Project consists of approximately 3,061 pages of information about The History of Rome (Volumes 1-5).

The History of Rome (Volumes 1-5) eBook

This eBook from the Gutenberg Project consists of approximately 3,061 pages of information about The History of Rome (Volumes 1-5).

In a legal point of view, however, the family was absolutely guided and governed by the single all-powerful will of the “father of the household” (-pater familias-).  In relation to him all in the household were destitute of legal rights—­the wife and the child no less than the bullock or the slave.  As the virgin became by the free choice of her husband his wedded wife, so it rested with his own free will to rear or not to rear the child which she bore to him.  This maxim was not suggested by indifference to the possession of a family; on the contrary, the conviction that the founding of a house and the begetting of children were a moral necessity and a public duty had a deep and earnest hold of the Roman mind.  Perhaps the only instance of support accorded on the part of the community in Rome is the enactment that aid should be given to the father who had three children presented to him at a birth; while their ideas regarding exposure are indicated by the prohibition of it so far as concerned all the sons—­deformed births excepted—­and at least the first daughter.  Injurious, however, to the public weal as exposure might appear, the prohibition of it soon changed its form from that of legal punishment into that of religious curse; for the father was, above all, thoroughly and absolutely master in his household.  The father of the household not only maintained the strictest discipline over its members, but he had the right and duty of exercising judicial authority over them and of punishing them as he deemed fit in life and limb.  The grown-up son might establish a separate household or, as the Romans expressed it, maintain his “own cattle” (-peculium-) assigned to him by his father; but in law all that the son acquired, whether by his own labour or by gift from a stranger, whether in his father’s household or in his own, remained the father’s property.  So long as the father lived, the persons legally subject to him could never hold property of their own, and therefore could not alienate unless by him so empowered, or yet bequeath.  In this respect wife and child stood quite on the same level with the slave, who was not unfrequently allowed to manage a household of his own, and who was likewise entitled to alienate when commissioned by his master.  Indeed a father might convey his son as well as his slave in property to a third person:  if the purchaser was a foreigner, the son became his slave; if he was a Roman, the son, while as a Roman he could not become a Roman’s slave, stood at least to his purchaser in a slave’s stead (-in mancipii causa-).  The paternal and marital power was subject to a legal restriction, besides the one already mentioned on the right Of exposure, only in so far as some of the worst abuses were visited by legal punishment as well as by religious curse.  Thus these penalties fell upon the man who sold his wife or married son; and it was a matter of family usage that in the exercise of domestic jurisdiction the father, and still more the husband, should not pronounce sentence on child or wife without having previously consulted the nearest blood-relatives, his wife’s as well as his own.  But the latter arrangement involved no legal diminution of power, for the blood-relatives called in to the domestic judgment had not to judge, but simply to advise the father of the household in judging.

Copyrights
Project Gutenberg
The History of Rome (Volumes 1-5) from Project Gutenberg. Public domain.