XIII. Obligations And Rights Of Children
Absoluteness of the paternal power over the family
It is customary to say that the father had absolute power over his children, but it is better to state only what is known with certainty regarding the extent of his power. The father could treat his child, or even his wife, equally with a slave, as a chattel to be pledged for his debts.[351] We may therefore conclude that he could sell his child. An actual example cannot be cited from early times, but they are very common later.
The son was not capable of entering into an independent contract with an outside person.[352] We may assume that this means simply while yet living in his father's house. The father had rights over what his son earned. A man could also hire out his child and take the wages.[353]
His power of preference
The father had the right to prefer one son above the rest. He could endow him with house, field, and garden. But this must be done in his lifetime and by written deed. This gift did not in any way affect the son's claim to inherit equally with his brethren on the father's death, when he took a full share over and above what he had by gift.[354]
His control of his daughters
The father had full power to dispose of his daughters in marriage. But he was expected to furnish them with a marriage-portion. This was not obligatory, being probably a matter of negotiation with the parents of the bridegroom. In later times the obligation evidently became irksome and [pg 149] oppressive, and Law E was passed to relieve the strain. A father was bound to do his best to fulfil his promise to dower his daughter, but no more. A father could not hinder his daughter from becoming a votary.[355] If he approved her choice, he might give her a portion, as if for marriage,[356] but he was not compelled to do so. A father could give his daughter to be a concubine.[357]
The father's consent was also needed to his son's marriage.[358] He had to provide the youth with a bride-price, and secure a wife for him.[359]