The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
See also Muirhead, "Roman Law," pp. 24-33, and the paragraph on the
Quiritian Family in the article on Roman Law by the same writer in the
"Encyclopaedia Britannica," Vol. XX.
§17. The Household.--If by our word family we usually understand a
group of husband, wife, and children, we may acknowledge at once that
it does not correspond exactly to any of the meanings of the Latin
_familia_, varied as the dictionaries show these to be. Husband, wife,
and children did not necessarily constitute an independent family
among the Romans, and were not necessarily members even of the same
family. Those persons made up the Roman _familia_, in the sense
nearest to its English derivative, who were subject to the authority
of the same Head of the House (_pater familiās_). These persons might
make a host in themselves: wife, unmarried daughters, sons real or
adopted, married or unmarried, with their wives, sons, unmarried
daughters, and even remoter descendants (always through males), yet
they made but one _familia_ in the eyes of the Romans. The Head of
such a family--"household" or "house" is the nearest English word--was
always _suī iūris_ ("independent," "one's own master"), while the
others were _aliēnō iūrī subiectī_ ("dependent").
§18. The authority of the _pater familiās_ over his wife was called
_manus_, over his descendants _patria potestās_, over his chattels
_dominica potestās_. So long as he lived and retained his citizenship,
these powers could be terminated only by his own deliberate act. He
could dispose of his property by gift or sale as freely as we do now.
He might "emancipate" his sons, a very formal proceeding
(_ēmancipātiō_) by which they became each the Head of a new family,
though they were childless themselves or unmarried or even mere
children. He might also emancipate an unmarried daughter, who thus in
her own self became an independent family. Or he might give her in
marriage to another Roman citizen, an act by which she passed by early
usage (§61) into the family of which her husband was Head, if he was
_suī iūris_, or of which he was a member, if he was still _aliēnō iūrī
subiectus_. It must be carefully noticed, on the other hand, that the
marriage of a son did not make him a _pater familiās_ or relieve him
in any degree from the _patria potestās_: he and his wife and their
children were subject to the same Head of the House as he had been
before his marriage. On the other hand, the Head of the House could
not number in his _familia_ his daughter's children: legitimate
children always followed the father, while an illegitimate child was
from the moment of birth in himself or herself an independent family.
Public-domain text, read in full here on John Shaqi.
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