Roman Antiquities, and Ancient Mythology | Page 7

from the conquest of Carthage and Africa: for a
similar reason, his brother was called Asiaticus.
These names were not always used; commonly two, and sometimes
only the sirname. But in speaking to any one, the prænomen was
generally used as being peculiar to citizens, for slaves had no
prænomen.
The sirnames were derived from various circumstances, either from
some quality of the mind; as Cato, from catus, wise: or from the habit
of the body; as Calvus, Crassus, &c.: or from cultivating particular
fruits; as Lentulus, Piso, &c. Quintus Cincinnatus was called Serranus,
because the ambassadors from the senate found him sowing, when they
brought him word that he was made dictator.
The prænomen was given to 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 prænomen 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,