Page:The rise, progress, and phases of human slavery.djvu/26

 Dionysius of Halicarnassus, in relating the well-known story of the Horatii, tells us that the elder Horatius, assuming the defence of his son, the murderer of his sister, claimed the right of solely taking cognizance of the affair, inasmuch as his paternal quality constituted him a born judge of his own children. If we remember aright, Racine, in his tragedy of the Horatii and Curiatii, follows up the same idea. 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