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On this page: Adoratio – Adrogatio – Adscriptfvi – Adsertor – Adsessor – Adsignatio – Adstipulatio – Adstipulator – Adulterium – Adultus

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ADORATIO.

of very doubtful import with reference to their period. After the comitia curiata fell into disuse^ it is most probable that there was no formal as­sembly of the curiae, and that they were repre­sented by the thirty lictors.

A woman could not adopt a person, for even her own children were not in her power.

The rules as to adoption which the legislation of Justinian established, are contained in the In­stitutes (i. tit. 11)*

The effect of adoption, as already stated, was to create the legal relation of father and son, just as if the adopted son were born of the blood of the adoptive father in lawful marriage. The adopted child was intitled to the name and sacra privata of the adopting parent, and it appears that the preservation of the sacra privata, which by the laws of the Twelve Tables were made perpetual, was frequently one of the reasons for a childless person adopting a son. In case of intestacy, the adopted child would be the heres of his adoptive father. He became the brother of his adoptive father's daughter, and therefore could not marry her ; but he did not become the son of the adoptive father's wife, for adoption only gave to the adopted son the jura agnationis. (Gaius, i. 97—107 ; Dig. L tit. 7 ; Cic. p. Domo.}

The phrase of " adoption by testament" (Cic. Brut. 58) seems to be rather a misapplication of the term; for though a man or woman might by testament name a heres, and impose the condition of the heres taking the name of the testator or testatrix, this so-called adoption could not produce the effects of a proper adoption. It could give to the person so said to be adopted^ the name or pro­ perty of the testator or testatrix, but nothing more. Niebuhr (Lectures, vol. ii. p. 100) speaks of the testamentary adoption of C. Octavius by C. Julius Caesar, as the first that he knew of; but the pas­ sage of Cicero in the Brutus and another passage t(Ad flirt, viii. 8), show that other instances had occurred before. A person on passing from one gens into another, and taking the name of his new fkmilia, generally retained the name of his old gens also, with the addition to it of the termination amis. (Cic. ad Att. iii. 20, and the note of Vic- torius.) Thus, C. Octavius, after wards the Emperor Augustus, upon being adopted by the testament of his uncle the dictator, assumed the name of Caius Julius Caesar Octavianus; but he caused the adoption to be confirmed by the curiae. As to the testamentary adoption of C. Octavius, see Drumannj Geschiclite Roins^ vol. i. p. 337, and the references there given. Livia was adopted into the Julia gens by the testament of Augustus (Tac. Ann. i. 8) ; and it was not stated that this required any confirmation. But things were changed then. The Lex Julia et Papia Poppaea gave certain privileges to those who had children, among which privileges was a preference in being appointed to the praetor- ship and such offices. This led to an abuse of the" practice of adoption ; for childless persons adopted children in order to qualify themselves for such offices, and then emancipated their adopted chil­ dren. This abuse was checked by a senatus consul turn in the time of Nero. (Tac. Ann. xv. 19 ; Cic. de Off. iii. 18, ad A tt. vii. 8 ; Suet. JuL Caes. 83, Tib.. 2, &c.; Heinec. Syntagma; Dig, 36. tit. 1. s. 63.) [G. L.]

ADORATIO (irpoo-Kiivno-is} was paid to the

.s in the following manner:—The person

ADULTERIUM.

stretched out his right hand to the statue of the god whom he wished to honour, then kissed his hand and waved it to the statue. While doing this he moved round his whole body, for which custom Plutarch (Num. 14) gives some curious reasons ; but the true reason probably was, that the person might be the more surely put into com­munication with the deity, as it was uncertain where he would reveal himself as the deus praesens. It was also the practice to have the head and ears covered, so that only the forepart of the face remained uncovered. (Plin. N. H. xxviii. 5; Minucius Felix, 2 ; Lucret. v. 1197.) The adoratio differed from the oratio or prayers, which were offered with the hands folded together and stretched out to the gods, the natural attitude pre­scribed by nature to the suppliant, and which we find mentioned by Homer. (//. vii. 177 ; vtttio,~ (Tfjiara xepwj/, ./Esch. Prom. 1004; caelo supinas ferre manus* Hor. Carm. iii. 23.1.) The adoration paid to the Roman emperors was borrowed from the eastern mode of adoration, and consisted in prostration on the ground, and kissing the feet and knees of the emperor.

ADROGATIO. [adoptio (roman).]

ADSCRIPTFVI. [AccENsi.]

ADSERTOR. [assertor.]

ADSESSOR. [assessor.]

ADSIGNATIO. [agrariae leges and acer.]

ADSTIPULATIO. [obligationes.]

ADSTIPULATOR. [intercessio.]

ADULTUS, [infans.]

ADULTERIUM, adultery. 1. greek. Among the Athenians, if a man caught another man in the act of criminal intercourse (juoix^'a) with his wife, he might kill him with impunity; and the law was also the same with respect to a concubine (7raAA.a/o?). He might also inflict other punishment on the offender. It appears that among the Athenians there was no adultery, unless a married woman was concerned. (Lysias, 'T-rrep rov 'EparotfOevovs •fcovov.) But it was no adultery for a man to have connection with a married woman who prostituted herself, or who was engaged in selling any thing in the agora. (Demosth. Kara Neaipas, c. 18.) The Roman law appears to have been pretty nearly the same. (Paulus, Sent. Recepf. vi. tit. 26.) The husband might, if he pleased, take a sum of money from the adulterer by way of compensation, and detain him till he found sureties for the payment. If the alleged adulterer had been unjustly detained, he might bring an action against the husband; and, if he gained his cause, he and his sureties were released. If he failed, the law required the sureties to deliver up the adulterer to the husband before the court, to do what he pleased with him, except that he was not to use a knife or dagger. (Demosth. kcct& Necu/>. 18.)

The husband might also prosecute the adulterer in the action called juoi%eiay ypaty-f]. If the act of adultery was proved, the husband could no longer cohabit with his wife under pain of losing his privileges of a citizen (artfjiia). The adulteress was excluded even from those temples which foreign women and slaves were allowed to enter; and if she was seen there, any one might treat her as he pleased, provided he did not kill her or mutilate her. (Dem. Kara Necup. c. 22; Aeschin. Kara . c. 36.)

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