Thepater familias, also written aspaterfamilias (pl.:patres familias),[1] was the head of aRoman family.[2] Thepater familias was the oldest living male in a household, and could legally exercise autocratic authority over his extended family. The term isLatin for "father of the family" or the "owner of the family estate". The form isarchaic in Latin, preserving the oldgenitive ending in-ās (seeLatin declension), whereas in classical Latin the normalfirst declension genitive singular ending was-ae. Thepater familias always had to be aRoman citizen.
Roman law and tradition (mos majorum) established the power of thepater familias within the community of his own extendedfamilia. In Roman family law, the term "Patria potestas" (Latin: “power of a father”) refers to this concept.[3] He held legal privilege over the property of thefamilia, and varying levels of authority over his dependents: these included his wife andchildren, certain other relatives through blood or adoption,clients, freedmen and slaves. The samemos majorum moderated his authority and determined his responsibilities to his ownfamilia and to the broader community. He had a duty to father and raise healthy children as future citizens of Rome, to maintain the moral propriety and well-being of his household, to honour his clan and ancestral gods and to dutifully participate—and if possible, serve—in Rome's political, religious and social life. In effect, thepater familias was expected to be a good citizen. In theory at least, he held powers of life and death over every member of his extendedfamilia through ancient right. In practice, the extreme form of this right was seldom exercised. It was eventually[when?] limited by law.[how?][4]
In the Roman tradition, the term has appeared mostly in legal texts, and to a lesser extent, in literary texts. In both types of discourses, the term has been most commonly used to refer to the “estate owner,” a title considered conceptually separate from his familial relations.[5]: 182
TheRoman household was conceived of as an economic and juridical unit or estate:familia originally meant the group of thefamuli (theservi, the slaves of a rural estate) living under the same roof. That meaning later expanded to indicate thefamilia as the basic Romansocial unit, which might include thedomus (house or home) but was legally distinct from it: afamilia might own one or several homes. All members and properties of afamilia were subject to the authority of apater familias: his legal, social and religious position definedfamilia as a microcosm of the Roman state.[6] In Roman law, thepotestas of thepater familias was official but distinct from that of magistrates.
Only aRoman citizen held thestatus ofpater familias, and there could be only one holder of that office within a household. He was responsible for its well-being, reputation and legal and moral propriety. The entirefamilia was expected to adhere to the core principles and laws of theTwelve Tables, which thepater familias had a duty to exemplify, enjoin and, if necessary, enforce, so within thefamilia Republican law and tradition (mos majorum) allowed him powers of life and death (vitae necisque potestas). He was also obliged to observe the constraints imposed by Roman custom and law on allpotestas. His decisions should be obtained through counsel, consultation and consent within thefamilia, which were decisions by committee (consilium). The familyconsilia probably involved the most senior members of his own household, especially his wife, and, if necessary, his peers and seniors within his extended clan (gens).[7]
Augustus's legislation onthe morality of marriage co-opted the traditionalpotestas of thepater familias. Augustus was not only Rome'sprinceps but also its father (pater patriae). As such, he was responsible for the entire Romanfamilia. Rome's survival required that citizens produce children. That could not be left to individual conscience. The falling birth rate was considered a marker of degeneracy and self-indulgence, particularly among the elite, who were supposed to set an example.Lex Julia maritandis ordinibus compelled marriage upon men and women within specified age ranges and remarriage on the divorced and bereaved within certain time limits. TheLex Julia de adulteriis coercendis severely penalised adulterous wives and any husbands who tolerated such behaviour. TheLex Papia Poppaea extended and modified the laws in relation to intermarriage between social classes and inheritance. Compliance was rewarded and exceptional public duty brought exemption, but dictatorial compulsion was deeply unpopular and quite impractical. The laws were later softened in theory and practise, but the imperialquaestio perpetua remained. Its public magistrates now legally over-rode the traditional rights of the familyconcilium andpater familias. The principate shows a clear trend towards the erosion of individualpatria potestas and the increasing intrusion of the state into the juridical and executive independence of thefamilia under itspater.[8]
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The domestic responsibilities of thepater familias included his priestly duties (sacra familiae) to his "household gods" (theLares andPenates) and the ancestral gods of his owngens.[9] The latter were represented by thedi parentes as ancestral shades of the departed, and by thegenius cult.Genius has been interpreted as the essential, heritable spirit (or divine essence, or soul) and generative power that suffused thegens and each of its members. As the singular, lawful head of a family derived from agens, thepater familias embodied and expressed itsgenius through his pious fulfillment of ancestral obligations. Thepater familias was therefore owed a reciprocal duty ofgenius cult by his entirefamilia. He in his turn conferredgenius and the duty ofsacra familiae to his children—whether by blood or by adoption.[10]
Roman religious law defined the religious rites offamilia assacra privata (funded by thefamilia rather than the state) and "unofficial" (not a rite of state office or magistracy, though the statepontifices andcensor might intervene if the observation of sacra privata was lax or improper). The responsibility for funding and executingsacra privata therefore fell to the head of the household and no other. As well as observance of common rites and festivals (including those marked by domestic rites), each family had its own unique internal religious calendar—marking the formal acceptance of infant children, coming of age, marriages, deaths and burials. In rural estates, the entirefamilia would gather to offer sacrifice(s) to the gods for the protection and fertility of fields and livestock. All such festivals and offerings were presided over by thepater familias.[11]
The legalpotestas of thepater familias over his wife depended on the form of marriage between them. In the Early Republic, a wife was "handed over" from the legal control of her father to the legal control of (the father of) her husband in the form of marriagecum manu (Latincum manu means "with hand"). If the man divorced his wife, he or his father had to give thedowry and the wife back to thepater familias of the wife's former family.[12] By the Late Republic,manus marriage had become rare, and a woman legally remained part of her birth family, under the hand of theirpater familias.[13]
Women emancipated from thepotestas of apater familias were independent by law (sui iuris) but had a male guardian appointed to them. A womansui iuris had the right to take legal action on her own behalf but not to administer legal matters for others.[14]
The laws of theTwelve Tables required thepater familias to ensure that "obviously deformed" infants wereput to death. The survival of congenitally disabled adults, conspicuously evidenced among the elite by the partially-lame EmperorClaudius, demonstrates that personal choice was exercised in the matter.
Thepater familias had the power to sell his children intoslavery;Roman law provided, however, that if a child had been sold as a slave three times, he was no longer subject topatria potestas. Thepater familias had the power to approve or rejectmarriages of his sons and daughters; however, an edict of Emperor Augustus provided that thepater familias could not withhold that permission lightly.
Thefilii familias (children of the family) could include the biological andadopted children of thepater familias and his siblings.
Because of their extended rights (theirlonga manus, literally "long hand"), thepatres familias also had a series of extra duties: duties towards thefilii and the slaves, but some of the duties were recognized not by the originalius civile but only by theius gentium, specially directed to foreigners, or by theius honorarium, the law of theMagistratus, especially thePraetor, which would emerge only in a latter period of Roman law.
Adultfilii remained under the authority of theirpater and could not themselves acquire the rights of apater familias while he lived. Legally, any property acquired by individual family members (sons, daughters or slaves) was acquired for the family estate: thepater familias held sole rights to its disposal and sole responsibility for the consequences, including personal forfeiture of rights and property through debt. Those who lived in their own households at the time of the death of thepater succeeded to the status ofpater familias over their respective households (pater familias sui iuris) even if they were only in their teens. Children "emancipated" by a pater familias were effectively disinherited. If apater familias diedintestate, his children were entitled to an equal share of his estate. If a will was left, children could contest the estate.
Over time, the absolute authority of thepater familias weakened, and rights that theoretically existed were no longer enforced or insisted upon. The power over life and death was abolished, the right of punishment was moderated and the sale of children was restricted to cases of extreme necessity. Under EmperorHadrian, a father who killed his son was stripped of both his citizenship and all its attendant rights, had his property confiscated and was permanently exiled.[15]
The original classical Roman definition offamilia referred to “a body of slaves,” and did not refer to wives and children.[5]: 191 [16][17] The classical legal concept ofpater familias as “head of household” derived from this early conception offamilia and, thus, from the legal relationship between slaveowners and their enslaved laborers rather than that between fathers and children.[18] Sincethe early classical period, Roman writers and jurists have interpreted ancient writers’ invocation ofpater familias as the basis of the concept of “head of household”—over the alternative Latin word for slaveowner,dominus—as a purposeful choice, intended to mitigate the harsh connotations that the act of slaveholding conferred onto heads of households and expanding the applicability of the term to non-enslaved members of the household.[5]: 191–2 [19] As a semantic term,pater familias thus connoted heads of household who were thought to combine the affective tenderness of a father with the stern coercion of a slaveowner in ordering their households.[5]: 191–2 [20]
As Roman jurists began to articulate the legal conception ofpater familias from the early classical period onwards, the minimum qualification for assuming the status ofpater familias came to be understood as one’s capacity to own property. However, in Roman law, this was considered a distinct dimension of thepater familias’ authority from their capacity to hold dominion over enslaved persons.[5]: 184 While both enslaved people and the estate itself were considered part of thefamilia unit over whichpater familias held authority, they were recognized as distinct from family members (wives, children, and grandchildren). Despite these distinctions, what all members of the household shared was their subjecthood to the authority, orpotestas, of thepater familias. By the second century, A.D., the distinction between family members and enslaved persons residing in the same household had lessened, even as thepatria potestas also weakened over time.[16]
Patres familias wielded complete and separate authority over members of their households, including their enslaved laborers. In cases of adjudicating legal transgressions committed by enslaved persons,patres familias exhibited equivalent jurisdiction as that of localcivil magistrates, including the ability to absolve the enslaved of any wrongdoing, trying them by jury, or sentencing them to capital punishments.[21][22]
While some Romanpatres familias permitted enslaved individuals in their households to establish quasi-marital unions (known ascontubernia) as a means of forming communal bonds among the enslaved, these unions were only recognized within the household and carried no legal bearing outside of the household. The children that resulted from these unions were themselves enslaved and considered the legal property of their mother’s owner.[23]
Roman legal sources often recognized enslaved people as part of theinstrumenta (roughly translated as “equipment”) of the household to highlight the service they provided thepater familias. This definition included both enslaved people working in field settings and those living in the domestic household and working in direct service of thepater familias.[5]: 187
Roman womensui iuris (“of their own power,” and not under the authority of anypater familias) possessed the legal right to own enslaved people asinstrumenta, though jurists decided on a case-by-case basis whether to extend the status ofpater familias to them in their capacity as slaveowners. In general, however, the status ofpater familias could not be fully extended to womensui iuris because Roman law recognized the authority thatpater familias wielded over members of the immediate family as strictly gendered, i.e., male. Nonetheless, historians and legal scholars have often overlooked this exception to the rule that allowed some womensui iuris (usually wealthy and of the upper socioeconomic stratum of society) to attain legal recognition aspater familias through their ownership of enslaved persons.[5]: 187
Outside of the Roman context, various slavery regimes in world history have adopted the concept ofpater familias to structure the legal, cultural, and social relationships between slaveowners and enslaved people. The law code offifteenth-century Valencian society, for example, adopted the classical Roman conception offamilia to recognize servant laborers and enslaved persons as members of the domestic household, roughly equal in status to family members given their subjecthood to the authority of thepater familias.[24] As a consequence of this,patres familias maintained honor and status within their communities by fulfilling both the material and spiritual needs of all members of the household, including enslaved persons. This included providing for the food, clothing, shelter, education, and baptism of enslaved persons. When they reneged on these obligations, the law code considered them to forfeit their right to ownership of their enslaved, leading in some cases to disputes between paternal heads of household over the status of enslaved persons whom they each claimed to have “raised.”[25]
In the context ofplantation slavery in the antebellum U.S. South, slaveowning planters developed a rhetorical defense of slavery as a benevolent,paternalistic institution based on the ancient Roman model of thepater familias.[26] Some planters employed the concept as a legal protectionary measure, instructing renters to whom they “hired out” their enslaved laborers to “treat” them “as goodpater familias,” in an effort to stymie abusive practices.[27] Others used the concept to rationalize planter rule, claiming themselves sovereigns of their households who provided for all constituent members, and demanding their loyalty and labor in return.[28] Drawing on the Roman precedent in this way, these planters claimed that their enslaved laborers were their “dependents,” who ultimately benefitted from the paternalistic ordering of the household. Southern newspapers and print media repeatedly promoted this idea in order to square the intrinsic brutality that defined the institution of slavery with the democratic ideals the nation was supposedly founded on, often developing this paternalistic ideology to irrational heights and ignoring the contradictions that it masked.[29][30][31] This paternalistic ideology persisted after the legal abolition of slavery, as white employers and political leaders in the South attempted to maintain a hierarchical socioeconomic class status over formerly enslaved persons, as well as women and poor laborers, whom they viewed as “dependents,” thereby expanding the Roman household model ofpater familias to the level of broader society.[32][33]
The patriarchal mode of slavery that Southern U.S. and Caribbean slaveowners attempted to establish often clashed with the familial structures enslaved people themselves constructed. Some of these family structures hadroots in West African societies. TheAkan society of the Gold Coast, for example, was largelymatrilineal and composed of individual “clans or lineages,” descended from a single mother.[34]: 110 Mandé society, while more often organized alongpatrilineal lines, exhibited some matrilineal lines and generally reserved powerful positions of political and household authority for women.[34]: 93 InIgbo society, women were “most celebrated” for their roles as mothers and wives, but also participated in independent market activity and in communal defense.[34]: 126–7 As a sizable proportion of enslaved people transported to the New World in the trans-Atlantic trade originated from Akan, Mandé, and Igbo societies, some historians have noted a connection between the matrilineal elements of these West African cultures and the centrality of women and mothers in enslaved peoples’ family units.[34]: 151 [35] These alternative modes of structuring household and family life among enslaved people threatened some planters’ intentions to serve as the solely acknowledgedpater familias of their households.[36][37]
