Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

FAMILIA. FAMILIA. 319
clares that in default of any heres suus, the property of the intestate shall go to the next agnatus,
the word "Cfamilia" signifies the property only:
" Agnatus proxinmus familiai habeto." In the
same section in which Ulpian (Frog. tit.26. 1)
quotes this passage from the Twelve Tables, he
explains agnati to be "'cognati virilis sexus per
~' \ 91 $\\ god \ alumares descendentes ejusdem familiae," where the
word " familia " comprehends only persons. (Dig.
50. tit. 16. s. 195; 10. tit. 2.)'~t> The word " famlilia " sometimes signifies only
it "D, persons,"' that is, all those who are in the power
of a paterfamlilias, such as his sons (fiiisfismilias),
daughters, grandchildren, and slaves, who are strictly
- \ Ka~v Ad / objects of dominium, but are also in a sense objects
of potestas. In another sense " famlilia " signifies' \ ( I1 t X \ only the free persons who are in the power of a
paterfamilias; and, in a more extended sense of
this kind, all those who are agnati, that is, all
who are sprung from a common ancestor, andc
would be in his power if he were living. Withl
this sense of familia is connected the status famidescribed to be attached to the end of a pole, it liae, by virtue of which a person belonged to a
would assume the form and be applicable to all the particular familia, and thereby had a capacity for
purposes of the modern halbert. Such must have certain rights which only the members of the
been the- asseres fidcati used by the Romans at familia could claim. A person who changed this
the siege of Anibracia. (Liv. xxxviii. s; compare status, ceased to belong to the familia, and susCaes. Bell. Gall. vii. 22, 86; Q. Curt. iv. 19.) tained a capitis diminutio luinima. [ADOn TIO;
Sometimes the iron head was so large as to be CArUT.] Members of the same family were
fastened, instead of the ram's head, to a wooden " familiares;" and hence familiaris came to signify
beam, and worked by men under a testudo. an intimate friend. Slaves who belonged to the
(Veget. iv. 14.) same familia were called, with respect to this reLastly, the Assyrians, the Persians, the Medes, lation, familiares. Generally, " faimiliaris " might
and the Syrians in Asia (Xen. C'ysop. vi. 1, 2, signify any thing relating to a familia.
Agab. i. 8; Diod. ii. 5, xvii. 53; Polyb. v. Sometimes " fimilia"7 is used to signify only the
53; Q. Curt. iv. 9, 12, 13; Gell. v. 5; 2 Mace. slaves belonging to a person (Cic. Ced Fars. xiv. 4,
xiii. 2; Veget. iii, 24; Liv. xxxvii. 41), and the ad Quint. Et-. ii. 6); or to a body of persons
Gauls and Britons in Europe [CovINus], made (societas), in which sense they are sometimes opthemselves formidable on the field of battle by the posed to liberti (Cic. B-rut. 22), where the true
use of chariots with scythes, fixed at right angles reading is "liberti." (Cic. ad F,'na. i. 3.)
(esrs 7rAoylOV) to the axle and turned downwards; The word familia is also applied (improperly) to
or inserted parallel to the axle into the felly of the sects of philosophers, and to a body of gladiators: in
wheel, so as to revolve, when the chariot was the latter sense with less impropriety. In a sense
put in motion, with more than thrice the velocity still less exact, it is sometimes applied to signify a
of the chariot itself; and sometimes also projecting living, a man's means of subsistence. (Ter. Heautos.
from the extremities of the axle. [J. Y.] v. 1. 36.)
FAMI'LIA. This word contains the same A paterfamilias and a materfamilias were reelement as " famulus," which is said to be the spectively a Romnan citizen who was sui juris, and
same as the Oscanflsmuzl orfciele, which signified his wife in manu. (Cic. Top. 3; comp. Ulp. FIrag.
6'servus." The conjecture that it contains the iv. 1, and Bdcking, Irnstit. i. pp. 217, 229.) A
same element as the Greek ru/lAiAa, and is the filiusfamilias and a filiafamilias were a son and
same as b6l or aju, is specious, but somewhat doubt- daughter in the power of a paterfamilias. The
ful. In its widest sense Familia comprehends all familia of a paterfamilias, in its widest sense,
that is subjected to the will of an individual, who comprehended all his agnati; the extent of which
is sui juris, both free persons, slaves, and objects term, and its legal import, are explained under
of property. In this sense it corresponds to the COGNATI. The relation of familia and gens is
Greek ohcos and osrcla. But the word has various explained under GENS.
narrower significations (familiae - appellatio et in The notion of Familia as a natural relation conres et in personas diducitur, Dig. 50. tit. 16. s. 195. sists of Marriage, the Patria Potestas, and Cognatio
~ I). In the third kind of testamentary disposi- (kinship). But Positive Law can fashion other
tion. mentioned by Gaius (ii. 102), the word relations after the type of these natural relations.
" familia " is explained by the equivalent " patri- Of these artificial family relations the Roman law
unonium;" and the person who received the familia had five, which are as follow: —(1) Manus, or
fronl the testator (qui a testatore familiam ac- the strict marriage relation between the husband
cipiebat mancipio) was called " familiae emptor." and wife; (2) Servitus, or the relation of master
And in the formula adopted by the "Cfamiliae and slave; (3) Patronatus, or the relation of
emptor," when he took the testator's familia by a former master to former slave; (4) -Mancipii
fictitious sale, his words were: c" Familiam pe- causa, or that intermediate state between servitus
cuniamque tuam endo maudatam tutelam custode- and libertas, which characterized a child who was
lalilque meam recipio," &c. mancipated by his father [EMANCIPATIO]; (5)
In the passage of the Twelve Tables which de- Tutela and Curatio, the origin of which must ba