- In Roman Law, the Pater Familias was the ‘Owner of the Family Estate’ and Head of the Household or Father of the Family.
Description
- The Paterfamilias was always the eldest male in a family and had to be a Roman Citizen. After he died, the surviving eldest male became the Paterfamilias.
- Roman Society was Hierarchical and so was the Roman Family. He was the enforcer of Laws of The Twelve Tables over his Wife, Children and various other blood relations or Adopted family members.
Duties
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- To Father healthy children.
- To maintain the Moral Standards of his Household.
- To honour his Clan and Ancestors.
- To participate in Roman Political, Social and Religious Customs.
Mos Maiorum:
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- Meaning ‘Ancestral Tradition’.
- Roman Social Tradition was unwritten, but preserved instead through Social Custom. It was the Duty of every Paterfamilias to uphold Roman Social Customs.
- Social Censure by fellow Romans if the Paterfamilias did not conform, acted as a sufficient discipline.
- However, the Society of the Roman Republic was able to transform itself into the Society of the Roman Empire, specifically because these Social Traditions were unwritten and could be changed gradually.
Values
- Fides:
- meaning the Duty of Faith and Trust.
- In Roman Law Bona Fides meant the absence of Fraud and Mala Fides or Dolus Malus meant the presence of Fraud. As many Roman contract were verbal, if they were then broken, the Roman Court of Law would decide on a verdict based on the prescence or absence of Fides.
- Fides was a Virtue embodied in the Roman Goddess Fides: The Temple of Fides was dedicated in c. 254 BC on the Capitoline, Rome.
- Pietas:
- meaning the Duty of Respect.
- This meant respect towards the Family, Parents, the State, and the Roman Gods.
- This Virtue was embodied in the Roman Goddess Pietas. The Temple of Pietas was dedicated in 181 BC in the Forum Holitorium, Rome.
- Religio and Cultus:
- meaning the Duty of Worship.
- Religio meant the Bond between the mortals and the Gods. Cultus meant observing and performing the Rituals.
- Disciplina:
- meaning the Duty of Discipline.
- This meant conforming within the Social Hierarchy. Roman Society was a parallel of military Hierarchy.
- The position and wealth of an individual in Society was reflected in his Status and Rank in the Army.
- Gravitas and Constantia:
- meaning the Duty of self control and Perseverance in Adversity.
- Virtus:
- meaning the Duty of being an Honorable Man.
- Dignitas and Auctoritas:
- Dignitas meant the Reputaion of a Man, and Auctoritas meant his Prestige.
- The ideal Roman Man had these as a result of observing all the other Duties.
Patron and Client Relationship (Patronage)
- The Patron or ‘Patronus’ and Client or ‘Cliens’ was again, not a legal contract.
- The relationship was based on the Mos Maiorum (sense of duty) and Trust (Fides).
- Roman Society consisted of a hierarchical network of relationships between high status individuals and those beneath them, linked together through a system of Patronage.
Rights in Roman Law
- In Law, the Paterfamilias held the power of Life and Death over the members of his family.
Patria Potestas:
- Meaning ‘The Power of the Father’.
- Under Roman Law, the Child was the Property of the Father.
- The Father had the power to sell his children into slavery.
- But if the child was sold more than 3 times, he was no longer subject to Patria Potestas (The Power of the Father)
Conubium
- Conubium, also spelt Connubium, was the Right to a legal marriage between Roman Citizens in Roman Law.
- It formed part of the Rights of Roman Citizenship.
Adoption
- Adoption in Roman Society was commonly used to guarantee a male Heir for a powerful family, for instance, Julius Caesar adopted Augustus.