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REGEBAT: the pater familias in early Roman times was an almost irresponsible ruler over his children and household. For a full discussion of the patria potestas see Coulanges, Ancient City, Bk. ET ... SENEX: 'though both blind and old'. INTENTUM: commonly used of animus, like the opposite remissus . TENEBAT etc.: the patria potestas is often denoted by the word imperium; cf.
Marriages cum manu became unusual: the wife remained in the potestas of her father, who in most cases, doubtless, ceased to trouble himself about her, and as her property did not pass to her husband, she could not but obtain a new position of independence.
The extraordinary gifts of the Apostles, and the privilege of being eye and ear witnesses to Christ, were abilities which they had for the infallible discharge of their function, but they were not the ground of their power and authority to govern the Church. * 'Potestas clavium' was committed to them only, not to the Seventy.
When I remarked to my informant, who was not an admirer of peasant institutions, that the incident reminded me of the respect for the patria potestas in old Roman times, he stared at me with a look of surprise and indignation, and exclaimed laconically, "Patria potestas? . . . Vodka!"
Wherefore, though the prince publisheth ecclesiastical laws under other pains and punishments than the clergy doth, this showeth only that potestas κειτικὴ is not the same, but different, in the one and in the other; yet if it be granted that whatsoever ecclesiastical law a synod of the clergy hath power to make and publish, the prince hath power to make and publish without them, by his own sole authority, it followeth, that the power of the church to make laws which is called potestas διατακτικὴ, doth agree as much, as properly, and as directly to the prince, as to a whole synod of the church.
In the West, however, the individual has become the civil unit; the "patria potestas" has thus been all but lost. This, added to religious and ethical considerations, has given women and children an ever higher place both in society and in the home.
I do not know how the operation and nature of the ancient Patria Potestas can be brought so vividly before the mind as by reflecting on the prerogatives attached to the husband by the pure English Common Law, and by recalling the rigorous consistency with which the view of a complete legal subjection on the part of the wife is carried by it, where it is untouched by equity or statutes, through every department of rights, duties, and remedies.
Nec regibus infinita aut libera potestas: et duces exemplo potius, quam imperio, si prompti, si conspicui, si ante aciem agant, admiratione praesunt.
The States, however, were tenacious in their opinion that their writs did not qualify them to appoint committees. Every point must be threshed out in the presence of every deputy. Potestas delegata non deleganda est.
Gunn's note on the passage, as found in his very neat edition of our author. "Appius for his own purposes, in interpreting his own law, introduces a distinction betwixt those who were sui juris, entirely free, and those who were subject to the patria potestas.
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