n the sentiments of paternal love; and the oppression was
tempered by the assurance that each generation must succeed in its turn
to the awful dignity of parent and master.
The first limitation of paternal power is ascribed to the justice and
humanity of Numa; and the maid who, with _his_ father's consent, had
espoused a freeman, was protected from the disgrace of becoming the
wife of a slave. In the first ages, when the city was pressed, and often
famished, by her Latin and Tuscan neighbors, the sale of children might
be a frequent practice; but as a Roman could not legally purchase the
liberty of his fellow-citizen, the market must gradually fail, and the
trade would be destroyed by the conquests of the republic. An imperfect
right of property was at length communicated to sons; and the threefold
distinction of _profectitious_, _adventitious_, and _professional_ was
ascertained by the jurisprudence of the Code and Pandects. Of all that
proceeded from the father, he imparted only the use, and reserved the
absolute dominion; yet if his goods were sold, the filial portion
was excepted, by a favorable interpretation, from the demands of
the creditors. In whatever accrued by marriage, gift, or collateral
succession, the property was secured to the son; but the father, unless
he had been specially excluded, enjoyed the usufruct during his life.
As a just and prudent reward of military virtue, the spoils of the enemy
were acquired, possessed, and bequeathed by the soldier alone; and the
fair analogy was extended to the emoluments of any liberal profession,
the salary of public service, and the sacred liberality of the emperor
or empress. The life of a citizen was less exposed than his fortune
to the abuse of paternal power. Yet his life might be adverse to the
interest or passions of an unworthy father: the same crimes that flowed
from the corruption, were more sensibly felt by the humanity, of the
Augustan age; and the cruel Erixo, who whipped his son till he expired,
was saved by the emperor from the just fury of the multitude. The Roman
father, from the license of servile dominion, was reduced to the
gravity and moderation of a judge. The presence and opinion of Augustus
confirmed the sentence of exile pronounced against an intentional
parricide by the domestic tribunal of Arius. Adrian transported to
an island the jealous parent, who, like a robber, had seized the
opportunity of hunting, to assassinate a youth, the inces
|