The Private Life of the RomansJohnston, Harold Whetstone
History
The Private Life of the Romans
Johnston, Harold Whetstone
Rome -- Social life and customs
§28. The Roman was bound, therefore, to perform these acts of
affection and piety so long as he lived himself, and bound no less to
provide for their performance after his death by perpetuating his race
and the family cult. A curse was believed to rest upon the childless
man. Marriage was, therefore, a solemn religious duty, entered into
only with the approval of the gods ascertained by the auspices. In
taking a wife to himself the Roman made her a partaker of his family
mysteries, a service that brooked no divided allegiance. He therefore
separated her entirely from her father's family, and was ready in turn
to surrender his daughter without reserve to the husband with whom she
was to minister at another altar. The _pater familiās_ was the priest
of the household, and those subject to his _potestās_ assisted in the
prayers and offerings, the _sacra familiāria_.
§29. But it might be that a marriage was fruitless, or that the Head
of the House saw his sons die before him. In this case he had to face
the prospect of the extinction of his family, and his own descent to
the grave with no posterity to make him blessed. One of two
alternatives was open to him to avert such a calamity. He might give
himself in adoption and pass into another family in which the
perpetuation of the family cult seemed certain, or he might adopt a
son and thus perpetuate his own. He usually followed the latter
course, because it secured peace for the souls of his ancestors no
less than for his own.
§30. Adoption.--The person adopted might be either a _pater familiās_
himself or, more usually, a _fīlius familiās_. In the case of the
latter the process was called _adoptiō_ and was a somewhat complicated
proceeding by which the natural parent conveyed his son to the other,
the effect being to transfer the adopted person from one family to the
other. The adoption of a _pater familiās_ was a much more serious
matter, for it involved the extinction of one family (§29) in order to
prevent the extinction of another. It was called _adrogātiō_ and was
an affair of state. It had to be sanctioned by the _pontificēs_, the
highest officers of religion, who had probably to make sure that the
_adrogātus_ had brothers enough to attend to the interests of the
ancestors whose cult he was renouncing. If the _pontificēs_ gave their
consent, it had still to be sanctioned by the _comitia curiata_, as
the adrogation might deprive the _gēns_ of its succession to the
property of the childless man (§22). If the _comitia_ gave consent,
the _adrogātus_ sank from the position of Head of a House to that of a
_fīlius familiās_ in the household of his adoptive father. If he had
wife and children, they passed with him into the new family, and so
did all his property. Over him the adoptive father had _potestās_ as
over a son of his own, and looked upon him as flesh of his flesh and
bone of his bone. We can have at best only a feeble and inadequate
notion of what adoption meant to the Romans.
Public-domain text, read in full here on John Shaqi.
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