ixed concessions to all who were
the parents of three. A bachelor could not, for instance, receive a
legacy from any one but a near relative; a married man without
children could only receive half of such a legacy; a man with three
children could not only enjoy his legacy in full, but could take the
shares forfeited by any bachelor or childless legatee who figured in
the same will. It does not appear that the law produced any great
effect, and, to make it still more futile, the later emperors began to
bestow what was called the "privilege of three children" on persons
who actually had either fewer or none at all.
The power of the father over the children is theoretically almost
absolute. Even when a son is grown up and married he legally belongs
to his father; so does all his supposed property. The same is the case
with a daughter, unless she becomes a Vestal Virgin, or unless she
marries according to the stricter of the two kinds of matrimony
already described. In the older days of Rome the father could, and
sometimes did, put his children to death if he chose. Though too free
an exercise of so extreme an authority was no longer recognised, it
was still quite legal to make away with an infant which was badly
deformed. Says Seneca, in the most matter-of-fact way, "We drown our
monstrosities." It was quite legal also to expose a child, and leave
it either to perish or to be taken up by whosoever chose. In most such
instances doubtless the child became the slave of the finder. Not only
was this allowable at Rome and in the romanized part of the empire; it
was a frequent practice throughout the Greek or Eastern portion.
Again, a father might sell his child as a slave, particularly for
continual disobedience. All these things the parent might legally do;
but it is extremely difficult to discover how far they were actually
done, inasmuch as our information in this respect hardly touches the
lower classes, while among the upper classes there was naturally far
less temptation to be rid of the burden of maintaining such few
children as most families produced. On the whole it appears highly
improbable that in the truly Roman part of the empire there was any
considerable destruction of infant life or exposure of infants. It
does not follow that, because the strict law does not prevent you from
doing a thing, you will therefore do it, in the face of public
disapproval and of all the promptings of natural affection. In their
fami
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