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If the Church has always asserted with the Apostle there is no power but from God non est potestas nisi a Deo she has always through her doctors maintained that it is a trust to be exercised for the public good, and is forfeited when persistently exercised in a contrary sense. St. Augustine, St.
An ill-knit nation which does not recognise paternity as a legal relation, would be conquered like a mob by any other nation which had a vestige or a beginning of the patria potestas.
The earliest modern writers on jurisprudence remark that it was only the fiercer and ruder of the conquerors of the empire, and notably the nations of Sclavonic origin, which exhibited a Patria Potestas at all resembling that which was described in the Pandects and the Code.
There are, however, a few, whom, like myself, imprisonment has rather mortified than hardened: with these only I converse; and of these you may, perhaps, hereafter receive some account from Your humble servant, No. 45. Nulla fides regni sociis, omnisque potestas Impatiens consortis erit. LUCAN. Lib. i. 92. No faith of partnership dominion owns: Still discord hovers o'er divided thrones.
It was a most barbarous act; one going far beyond the range of any tradition of the early patria potestas, which may have yet lingered in Italy; and scarcely calculated to bring about reformation in the youth thus punished.
Thus this patria potestas was gradually relaxed as civilization advanced, though it remained a peculiarity of Roman law to the latest times, and was severer than is ever seen in the modern world. Fathers were bound to maintain their children when they had no separate means to supply their wants, and children were also bound to maintain their parents if in want.
Potestas==rightful power, authority; potentia==power without regard to right, ability, force, cf. note, 42. Ad rem, cf. Caes. Ambiorix tells Caesar, that though he governed, yet the people made laws for him, and the supreme power was shared equally between him and them. Exemplo imperio. "Dative after sunt==are to set an example, rather than to give command." So Grueber and Doed.
If a man's household had been spoken of as his property we might have explained the expression as pointing to the extent of the Patria Potestas, but, as the interchange is reciprocal, we must allow that the form of speech carries us back to that primeval period in which property is owned by the family, and the family is governed by the citizen, so that the members of the community do not own their property and their family, but rather own their property through their family.
Accordingly the Guardianship of Male Orphans was a contrivance for keeping alive the semblance of subordination to the family of the Parent, up to the time when the child was supposed capable of becoming a parent himself. It was a prolongation of the Patria Potestas up to the period of bare physical manhood. It ended with puberty, for the rigour of the theory demanded that it should do so.
She quailed, robbed of speech, before the causeless, vindictive, and infantile wrath of an old man who happened to be in a bad temper. She actually felt like a naughty schoolgirl before him. Such is the tremendous influence of lifelong habit, the irresistible power of the patria potestas when it has never been relaxed. Ezra Brunt saw in front of him only a cowering child.
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