Page:The age of Justinian and Theodora (Volume 2).djvu/366

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that a parent who killed his child should suffer death by the paradoxical method invented to emphasize the unspeakable atrocity of the crime of parricide.[1] But two centuries previously Hadrian had pronounced it to be "illicit and disgraceful" for a father even to sell his children.[2] Justinian began early to limit by definite legislation the extent of paternal absolutism, and in 533 decreed that patricians should be released from it, on the grounds that it was "intolerable for one whom the Emperor had chosen to be his father" to lie under such a disability.[3] At the same time he forbade parents to oppose by any overt act the resolution of any of their offspring who should elect to lead a religious life; providing, however, that if the latter should tire of asceticism and return to the world, the special favours shown to them should be withdrawn.[4] Six years later he followed up the principle by declaring the exemption of practically all high officials, viz., consuls, ordinary or honorary, praetorian prefects, and those of the two Romes, masters of soldiers, and, of course, bishops.[5] Justinian also abolished the power of the father to surrender his children to those upon whom they had inflicted an injury in lieu of compensation.[6] Further, he issued Constitutions in which he reiterated more emphatically the prohibition against the exposure of infants.[7]

Originally a son could have nothing of his own during the lifetime of his father, but in the reign of Augustus an exception was made in favour of whatever he might gain in

  1. Cod., IX, xvii. He was to be thrown into the sea sewn up in a sack with a dog, a cock, a viper, and an ape; cf. Instit., iv, 18.
  2. Cod., VII, xvi, 1; cf. Pand., XLVIII, ix, 5.
  3. See p. 90.
  4. Cod., I, iii, 55; Nov. cxxiii, 41, etc.
  5. Nov. lxxxi.
  6. Instit., iv, 8.
  7. Cod., VIII, lii, 3; Nov. cliii.