Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The form of religious marriage peculiar to the Patricians necessitated
a change of _gens_ on the part of the wife; for a woman married by the
ceremony of _confarreatio_ became a partner in the property and _sacra_
of her husband,[71] and there is even some trace of her having originally
changed her gentile name as well.[72] The ordinary plebeian form of
marriage by mere agreement (_consensus_), which ultimately became almost
universal, did not lead to a woman’s falling into the _potestas_ of her
husband, unless this power were assumed, originally by prescriptive right
(_usus_), later by the ceremony of fictitious purchase (_coemptio_).
In such a case she became a member of her husband’s family, but it is
questionable whether the logical conclusion was pressed and she also
became a member of his _gens_. The anomaly, if it existed, may perhaps
be explained by the fact that the Plebeians, who evolved these forms of
marriage, had, as a rule, no _gentes_.
The clan might also be changed by adoption. _Adrogatio_—perhaps the
only form known to the old patrician community—was the method by which
the head of a family voluntarily submitted himself to the _potestas_ of
another. _Adoptio_, on the other hand, was the change from one _potestas_
to another. If there was a form of true adoption by patrician law,[73]
it has been lost to us, and the earliest that we hear of is the plebeian
form by threefold sale recognised in the Twelve Tables. At a later period
it might also be effected by a written testament.
The family (_familia_)[74] in its original and proper meaning is the
aggregate of members of a household under a common head; this head was
the _paterfamilias_—the _only_ member of the household who possesses
legal rights.
Public-domain text, read in full here on John Shaqi.
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