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Updated: June 26, 2025
They indicate that what passed from the Testator to the Heir was the Family, that is, the aggregate of rights and duties contained in the Patria Potestas and growing out of it. The material property is in three instances not mentioned at all; in two others, it is visibly named as an adjunct or appendage of the Family.
When he had completed this, "wonderful to say, the sea ceased to rage and became tranquil". Surtees Society Publications, i, p. 177. Narrabo igitur primo opera artis et naturae miranda.... ut videatur quod omnis magica potestas sit inferior his operibus et indigna.
At sixteen the work of education was not finished no more than it is with us when a lad at Oxford becomes "of age" at twenty-one; nor was he put beyond his father's power, the "patria potestas," from which no age availed to liberate a son; but, nevertheless, it was a very joyful ceremony, and was duly performed by Cicero in the midst of his studies with Scævola. At eighteen he joined the army.
The terms of the expression Emptor familiæ demand notice. "Familia," in classical Latinity, means always a man's slaves. Here, however, and generally in the language of ancient Roman law, it includes all persons under his Potestas, and the Testator's material property or substance is understood to pass as an adjunct or appendage of his household.
Finita potestas denique cuique Quanam sit ratione, atque alte terminus hærens? They who have acted, as in France they have done, upon a scheme wholly different, and who aim at the abstract and unlimited perfection of power in the popular part, can be of no service to us in any of our political arrangements.
He begins at last to find that success is not to be expected, and being unfit for any employment that might improve his fortune, and unfurnished with any arts that might amuse his leisure, is condemned to wear out a tasteless life in narratives which few will hear, and complaints which none will pity. No. 183. Nulla fides regni sociis, omnisque potestas Impatiens consortis erit. LUCAN, Lib. i. 92.
Three centuries afterwards the same immunity was extended to the earnings of persons who were in the civil employment of the state. Both changes were obviously limited in their application, and they were so contrived in technical form as to interfere as little as possible with the principle of Patria Potestas.
A certain qualified and dependent ownership had always been recognised by the Roman law in the perquisites and savings which slaves and sons under power were not compelled to include in the household accounts, and the special name of this permissive property, Peculium, was applied to the acquisitions newly relieved from Patria Potestas, which were called in the case of soldiers Castrense Peculium, and Quasi-castrense Peculium in the case of civil servants.
Power is discriminated, both in word and in conception, according to the object over which it is exerted. Exercised over material commodities or slaves, it has become dominium over children, it is Potestas over free persons whose services have been made away to another by their own ancestor, it is mancipium over a wife, it is still manus.
If, said the emperor, or his lawyers for him, the civil power is from God, as it must be, since non est potestas nisi a Deo, the state stands on the same footing with the church, and the imperial power emanates from as high a source as the Pontifical.
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