A-dictionary-of-greek-and-roman-antiquities-william-smith

10 ADORATIO. ADULTERIUM.
of very doubtful import with reference to their
period. After the coniitia curiata fell into disuse,
it is most probable that there was no formal as
sembly of the curiae, and that they were repre
sented by the thirty lictors.
A woman could not adopt a person, for even her reasons ;
own children were not in her power.
The rules as to adoption which the legislation
of Justinian established, are contained in the In
stitutes (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 cose of intestacy, the
adopted child would be the hercs 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.
1. tit. 7; Cic. p. Domo.)
The phrase of " adoption by testament " (Cic.
lirut. 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 lirutus and another passage
(Ad Hirt. viil 8), show that other instances had
occurred before. A person on passing from one
gens into another, and taking the name of his new
familia, generally retained the name of his old gens
also, with the addition to it of the termination
anus. (Cic. ad Att. iii. 20, and the note of Victorius.)
Thus, C. Octavius, afterwords the Emperor
Augustus, upon being adopted by the testament of
his uncle the dictator, assumed the name of Cains
Julius Caesar Octavianus ; but he caused the
adoption to be confirmed by the curiae. As to the
testamentary adoption of C. Octavius, see Drumann,
Uesc/iichte Horns, 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 praetorship
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
consultum in the time of Nero. (Tac. Ann. xv. 19 ;
Cic de Of. iii. 18, ad AH. vii. 8 ; Suet Jul. Cats.
83, Tib. 2, &c j Heinec. Syntagma; Dig. 36. tit
1. s.63.) * ' [Q.L.]
ADORA'TIO (irpoo-iciSnjirij) was paid to the
gods in the following manner : — The person
stretched out bis right hand to the Btatue 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
but the true reason probably was, that
the person might be the more surely put into com
munication 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. A''. H. xxviii,
5; Minucius Felix, 2 ; Lucret v. 1 197.) 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 pre
scribed by nature to the suppliant, and which we
find mentioned by Homer. (II. vii. 177 j xnrriitrfiara
xeP"y> ^sch. Prom. 1004 ; caelo supinas
ferre mantis, 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.
ADROGA'TIO. [Adoptio (Roman).]
ADSCRIPTI'VI. [Accbnsi.]
ADSERTOR [Assertor.]
ADSESSOR [Assessor.]
ADSIGNA'TIO. [Agrariak Lrqbs and
Acer.]
ADSTIPULA'TIO. [Orligationes.]
ADSTIPULA'TOR. [Intercession
ADULTUS. [Inpans.]
ADULTER'IUM, adultery. I. Greek.
Among the Athenians, if a man caught another
man in the act of criminal intercourse (/uoix«'a)
with his wife, he might kill him with impunity ;
and the law was also the same with respect to a
concubine (toaAoxt}). He might also inflict other
punishment on the offender. It appears that among
the Athenians there was no adultery, nnless a
married woman was concerned. (Lysias, *Tir*p rod
'EparoffSdvovi 4»oVou.) 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
Ncalpas, c 18.) The Roman law appears to have
been pretty nearly the same. (Paulus, Sent. Recept.
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. Kara Ntaip.
18.) The husband might also prosecute the adulterer
in the action called /w>ix«fos ypatyii. 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 (inula). 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. Koto Nea/p. c 22 ; Aeschin. Karet
Ti/uifx. c. 36.)