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Perpetual Guardianship is obviously neither more nor less than an artificial prolongation of the Patria Potestas, when for other purposes it has been dissolved. In India, the system survives in absolute completeness, and its operation is so strict that a Hindoo Mother frequently becomes the ward of her own sons.
In the Bull of Pius V the claim of universal dominion is reiterated; it is asserted that the Almighty, 'cui data est omnis in caelo et in terra potestas, unam sanctam catholicam et apostolicam ecclesiam, extra quam nulla est salus, uni soli in terris, videlicet apostolorum principi Petro Petrique successori Romano pontifici in potestatis plenitudine tradidit gubernandam.
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.
Frant, throwing up hands and eyes. Mrs. Verity, a soft, faded woman, smiled responsively. "They can't be exactly dull in that family," she said. "I'm told they all talk at once; and none of them listens to a word the others say." "I think I'll bet that Lady Coryston will make Lord Coryston listen to a few remarks on that speech!" laughed Enid Glenwilliam. "Is there such a thing as matria potestas?
And that the authority and person of the King were inviolable, out of the reach of just accusation, judgment, or execution by law; as having no superior, and so no judge. But according to Grotius, a king waging war against the lawful copartners of the 'summa potestas' ceases to be their king, and if conquered forfeits to them his former share.
On this point, economists and legists talk worse than nonsense. However, light is not wanting. There are some few maxims such as these: Ad reges potestas omnium pertinet, ad singulos proprietas; Omnia rex imperio possidet, singula dominio. Social sovereignty opposed to private property! might not that be called a prophecy of equality, a republican oracle?
The Franks are particularly mentioned as not having the Roman Institution, and accordingly the old French lawyers, even when most busily engaged in filling the interstices of barbarous custom with rules of Roman law, were obliged to protect themselves against the intrusion of the Potestas by the express maxim, Puyssance de père en France n'a lieu.
Nunquam in republica senatoribus potestas recuperata, postremum species etiam amissa est. On the same occasion Longfellow had the salutatory oration in Latin 'Oratio Latina; Anglici Poetae." Hawthorne has given us a charming glimpse of himself as a college boy in the letter to his fellow-student, Horatio Bridge, of the Navy, whose Journal of an African Cruiser he afterwards edited.
The true enigma of the Patria Potestas does not reside here, but in the slowness with which these proprietary privileges of the parent were curtailed, and in the circumstance that, before they were seriously diminished, the whole civilised world was brought within their sphere.
In another place he says, "Θύειν χρὴ ἀνυπόδετον, ϗαι πρὸς τα ἱερὰ προστιέναι," We must sacrifice and enter temples with the shoes off. Ibid. c. 85. "Quod etiam nunc apud plerasque Orientis nationes piaculum sit, calceato pede templorum pavimenta calcasse." Beth Habbechirah, cap. vii. Histor. Landm. vol. ii. p. 481. "Non datur nobis potestas adeundi templum nisi nudibus pedibus."
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