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No innovation of any kind was attempted till the first years of the Empire, when the acquisitions of soldiers on service were withdrawn from the operation of the Patria Potestas, doubtless as part of the reward of the armies which had overthrown the free commonwealth.
A sort of fiction existed that he was legally under the patria potestas, and could only have debts and assets on his father's responsibility, but as a matter of fact his parent seldom paid him any attention; and only called on him to report at home when there was a public or family festival, or something very important.
The boy cost you one begetting, and one rearing; in return for which you may disinherit him, once, always provided you have reason to show for it. Disinheriting as a regular habit, a promiscuous pastime, is not included in the patria potestas.
Hence, when societies are placed under circumstances which cause an especial value to be attached to bodily and mental vigour, there is an influence at work which tends to confine the Patria Potestas to the cases where its possessor is actually skilful and strong.
XXVIII. Poetae Latini Minores: recensuit Aemilius Baehrens. Ulpian, Tit., xx, 16. Gaius, ii, 112. See Ulpian, Tit., xi, 3, 4, and 24. Gaius, i, 185, and iii, 10. Ulpian, Tit., xi, 27. The power of the father was called potestas; that of the husband, manus. Aulus Gellius, x, 23. Cf. Suetonius, Tiberius, 35. Gaius, i, 144. Ulpian, Tit., xi, I. Ulpian, Tit., xi, 28a. Gaius, i, 194.
And so woman became what circumstances and men made her, instead of being what the climate and native institutions should have made her; sold, married against her taste, in accordance with the Patria potestas of the Romans, at the same time that she fell under the marital despotism which desired her seclusion, she found herself tempted to take the only reprisals which were within her power.
The Patria Potestas, in its normal shape, has not been, and, as it seems to me, could not have been, a generally durable institution.
The rest cannot be better disposed than in buying back the fair fame of which I am deprived, and the liberty of ending my life in peace and seclusion." "The contract has been drawn up," said the king, "under our own eye, specially discharging the potestas maritalis, and agreeing they shall live separate. So buckle them, my Lord Bishop, as fast as you can, that they may sunder again the sooner."
On the failure of the sui, the Nearest Agnate came into their place, that is, the nearest person or class of the kindred who was or might have been under the same Patria Potestas with the deceased. The third and last degree came next, in which the inheritance devolved on the gentiles, that is on the collective members of the dead man's gens or House.
Would Hetty, too, renounce and acquiesce? Mrs. Wesley doubted: nay, was even afraid. Hetty alone had never been overawed by her father, had never acknowledged the patria potestas with all its exorbitant claims. She had never actually revolted, but she defied, somehow, the spell he had cast upon the others: and somehow here was the marvel Mrs.
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