OF THE ROMAN EMPIRE
473
with the foundation of the city.[1] The paternal power was instituted or confirmed by Romulus himself; and after the practice of three centuries it was inscribed on the fourth table of the Decemvirs. In the forum, the senate, or the camp, the adult son of a Roman citizen enjoyed the public and private rights of a person; in his father's house, he was a mere thing, confounded by the laws with the moveables, the cattle, and the slaves, whom the capricious master might alienate or destroy without being responsible to any earthly tribunal. The hand which bestowed the daily sustenance might resume the voluntary gift, and whatever was acquired by the labour or fortune of the son was immediately lost in the property of the father. His stolen goods (his oxen or his children) might be recovered by the same action of theft;[2] and, if either had been guilty of a trespass, it was in his own option to compensate the damage or resign to the injured party the obnoxious animal. At the call of indigence or avarice, the master of a family could dispose of his children or his slaves. But the condition of the slave was far more advantageous, since he regained by the first manumission his alienated freedom; the son was again restored to his unnatural father; he might be condemned to servitude a second and a third time, and it was not till after the third sale and deliverance[3] that he was enfranchised from the domestic power which had been so repeatedly abused. According to his discretion, a father might chastise the real or imaginary faults of his children, by stripes, by imprisonment, by exile, by sending them to the country to work in chains among the meanest of his servants. The majesty of a parent was armed with the power of life and death;[4] and the examples of such bloody executions, which were sometimes praised and never punished, may be traced in the annals of Rome, beyond the times of Pompey and Augustus. Neither age, nor rank,
- ↑ Dionysius Hal., l. ii. p. 94, 95 [c. 26]. Gravina (Opp. p. 286) produces the words of the xii tables. Papinian (in Collatione Legum Roman. et Mosaicarum, tit. iv. p. 204) styles this patria potestas, lex regia; Ulpian (ad Sabin. l. xxvi. in Pandect. l. i. tit. vi. leg. 8) says, jus potestatis moribus receptum; and furiosus filium in potestate habebit. How sacred — or rather, how absurd!
- ↑ Pandect. l. xlvii. tit. ii. leg. 14, No. 13; leg. 38, No. 1. Such was the decision of Ulpian and Paul.
- ↑ The trina mancipatio is most clearly defined by Ulpian (Fragment. x. p. 591, 592, edit. Schulting); and best illustrated in the Antiquities of Heineccius.
- ↑ By Justinian, the old law, the jus necis of the Roman father (Institut. l. iv. tit. ix. [viii.] No. 7), is reported and reprobated. Some legal vestigesare left in the Pandects (l. xliii. tit. xxix. leg. 3, No. 4) and the Collatio Legum Romanarum et Mosaicarum (tit. ii. No. 3, p. 189).
