What sources describe the ending of the right to murder family members in 1st century BC Rome?
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Accepted answer
Roman Law is very complex. But many ancient Roman practices existed by universal consent as part of the unwritten 'mos maiorum' - 'practice of the ancestors'. The life and death rights of the paterfamilias were of this nature. Unwritten laws of this sort could fall into abeyance without specific legislation, or, later, be set aside by imperial dictat. So, for example, Romans of the historical period believed that it had been the custom for women who drank wine to be executed by their family (Pliny Nat. Hist. 14. 14), although the custom had ceased.
The right of a father to kill his son, not regarded as murder by Romans, was used with public acceptance as late as 63 BC (Sallust, Catilinarian Conspiracy 39) against a Senator's son involved in a coup attempt. The revulsion against Tricho, may indicate disapproval of the cause or method as much as the act itself. The right of life and death continued in the right of a paterfamilias to kill by exposure any child born into his household.
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