The Roman assemblies from their origin to the end of the RepublicBotsford, George Willis
History
The Roman assemblies from their origin to the end of the Republic
Botsford, George Willis
Constitutional law -- Rome; Rome -- Politics and government
Mommsen has attempted to fix these days as March 24 and May 24,[908] on
which the rex sacrificulus performed comitial ceremonies not clearly
described by the sources.[909] He admits, however, that the testamentary
comitia met under the pontifex maximus rather than under the rex
sacrorum[910]—a fact directly opposed to his contention. We should be
surprised also to find the testamentary days so close together.[911]
But the most effective argument against his view is that this function
performed by the rex sacrorum could not have been the holding of
comitia, for the time during which it continued was nefas.[912] The
ancient authorities state that “the sacrificial king, after performing
sacred rites, comes into, or makes a sacrifice in (venit or litat), the
comitium,”[913] but they do not mention an assembly; hence we may infer
that in the fasti for these days reference is to some other function than
the holding of comitia. The form of testament above described fell early
into disuse,[914] so that the conditions and ceremonies attending it
became a subject of study for antiquarians.
Adoptions ordinarily came before the praetor. The legal object was
the perpetuation of the family and its religion. The law granted the
privilege accordingly to those only who had no children and who were
incapable of having children. It required further that the act should not
imperil the continuance of the family from whom the adopted came.[915]
Adrogatio was the adoption of a person who was his own master and who
accordingly consented to pass under the paternal power of another.
The word signifies that the act to which it applies required a vote
of the people.[916] It was not undertaken rashly or without careful
consideration.[917] The persons concerned were required first to present
the case to the college of pontiffs, who took into account “what reason
any one has for adopting children, what considerations of family or
dignity are involved, what principles of religion are concerned.”[918]
The age of the man who wished to arrogate was considered—whether in this
respect he was capable of having children of his own, and care was taken
that the property of the arrogated person should not be insidiously
coveted.[919] The adrogator was asked whether he wished the candidate for
adoption to be his real son, and the candidate was asked whether he would
allow himself to be placed in this condition;[920] and the testimonies
were confirmed by an oath formulated by Q. Mucius Scaevola.[921]
Public-domain text, read in full here on John Shaqi.
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