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
If the pontiffs gave their consent, the case came before the comitia
curiata under the presidency of the chief of the college,[922] who put
the question in the following form: “Do you wish and order that L.
Valerius be the son of L. Titus by the same legal rights as if born
of the father and mother of that family, and that the latter have the
power of life and death over the former as a father over a son? This
order I request of you, Romans, to grant, just as I have pronounced
the words.”[923] The curiae decided by vote.[924] At the same meeting
the arrogated son was required to declare that he forsook the religion
of the family or gens of his birth—detestatio sacrorum[925]—and by a
similar declaration the adrogator received him into the sacra of the new
family.[926] This form of adoption could not apply to youths before they
had put on the manly gown, or to wards or women; for children and women
had no part in an assembly, and guardians were not allowed under any
circumstances to place their wards in the power of another.[927]
A modification of adrogatio is testamentary adoption, of which the only
well-known case is that of Octavius, the heir of the dictator Caesar.
Octavius came before a praetor with witnesses and formally accepted the
inheritance;[928] afterward he was declared adopted by a vote of the
curiae.[929] As this case is nearly akin to the adrogatio, there can be
no doubt that the vote was taken in the calata comitia under pontifical
presidency.[930]
Distinct from the adrogatio, though analogous to it, was the direct
passing of individuals and of gentes from the patrician to the plebeian
rank—transitio ad plebem. The motive was a desire to qualify for the
tribunate of the plebs,[931] or more generally to widen the range of
one’s eligibility to office.[932] The history of the republic affords
several instances of the transition of individuals;[933] and two plebeian
gentes, the Octavia[934] and the Minucia,[935] boasted of having passed
over from the patricians. Even if these boasts rest upon genealogical
falsifications,[936] the Romans thought such an act legally possible; and
they formulated a process applicable to every case whether of individuals
or of gentes. It was through some other ceremony than the adrogatio, for
the latter could not apply to groups of persons. Clodius was following
the more general procedure here referred to when in the year 60 he
tried to make himself a plebeian without recourse to adrogatio. First
he abdicated his nobility by an oath, probably taken in the comitia
calata;[937] then coming before an assembly of the plebs, he held himself
ready to receive plebeian rights through a resolution introduced by the
tribune Herennius.[938] The process allowed the retention of the name,
sacra, and all other privileges not dependent on the patriciate.[939]
But Metellus, the consul, objected that a curiate law was needed to
make the act valid, and the senate evidently agreed with him.[940]
Public-domain text, read in full here on John Shaqi.
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