Roman Antiquities, and Ancient Mythology | Page 7

boys on the ninth day, which was called dies lustr{)i}cus, or the day of purification, when certain religious ceremonies were performed. The eldest son of the family usually received the pr?nomen of his father. The rest were named from their uncles or other relations.
When there was only one daughter in the family, she was called by the name of the gens: thus, Tullia, the daughter of Cicero; and retained the same after marriage. When there were two daughters, one was called major, and the other minor. If there were more than two, they were distinguished by their number; thus--prima, secunda, tertia, &c.
Those were called liberi, free, who had the power of doing what they pleased. Those who were born of parents who had been always free, were called ingenui. Slaves made free were called liberti, in relation to their masters; and libertini, in relation to free born citizens.
CHAPTER V.
Private Rights of Roman Citizens.
The right of liberty comprehended not only liberty from the power of masters, but also from the dominion of tyrants, the severity of magistrates, the cruelty of creditors, and the insolence of more powerful citizens. After the expulsion of Tarquin, a law was made by Brutus, that no one should be king at Rome, and that whoever should form a design of making himself a king, might be slain with impunity. At the same time the people were bound by an oath that they would never suffer a king to be created.
Citizens could appeal from the magistrates to the people, and the persons who appealed could in no way be punished, until the people determined the matter; but they were chiefly secured by the assistance of the tribunes.
None but the whole Roman people in the comitia centuriata could pass sentence on the life of a Roman citizen. No magistrate could punish him by stripes or capitally. The single expression, "I am a Roman citizen," checked their severest decrees.
By the laws of the twelve tables, it was ordained, that insolvent debtors should be given up to their creditors, to be bound in fetters and cords, and although they did not entirely lose the rights of freemen, yet they were in actual slavery, and often more harshly treated than even slaves themselves.
To check the cruelty of usurers, a law was afterwards made that no debtors should be kept in irons, or in bonds; that the goods of the debtor, not his person, should be given up to his creditors.
The people, not satisfied with this, as it did not free them from prison, demanded an entire abolition of debt, which they used to call new tables; but this was never granted.
Each clan and family had certain sacred rights, peculiar to itself, which were inherited in the same manner as effects. When heirs by the father's side of the same family failed, those of the same gens succeeded in preference to relations by the mother's side of the same family. No one could pass from a Patrician family to a Plebeian, or from a Plebeian to a Patrician, unless by that form of adoption which could only be made at the comitia curiata.
No Roman citizen could marry a slave, barbarian or foreigner, unless by the permission of the people.
A father among the Romans had the power of life and death over his children. He could not only expose them when infants, but when grown up he might imprison, scourge, send them bound to work in the country, and also put them to death by any punishment he pleased.
A son could acquire no property but with his father's consent, and what he thus acquired was called his peculium as of a slave.
Things with respect to property among the Romans were variously divided. Some were said to be of divine right, and were held sacred, as altars, temples, or any thing publicly consecrated to the gods, by the authority of the Pontiffs; or religious, as sepulchres--or inviolable, as the walls and gates of a city.
Others were said to be of human right, and called profane. These were either public and common, as the air, running water, the sea and its shores; or private, which might be the property of individuals.
None but a Roman citizen could make a will, or be witnesses to a testament, or inherit any thing by it.
The usual method of making a will after the laws of the twelve tables were enacted, was by brass and balance, as it was called. In the presence of five witnesses, a weigher and witness, the testator by an imaginary sale disposed of his family and property to one who was called famili? emptor, who was not the heir as some have thought, but only admitted for the sake of form, that the testator might seem to have alienated his effects in his life time.