Kitap 5
19
WHEN outsiders are taken into another's family and given the relationship of children, it is done either through a praetor or through the people. If done by a praetor, the process is called adoptatio; if through the people, arrogatio. Now, we have adoptatio, when those who are adopted are surrendered in court through a thrice repeated sale This was a symbolic sale, made by thrice touching a balance with a penny, in the presence of a praetor; see Suet., Aug. lxiv. by the father under whose control they are, and are claimed by the one who adopts them in the presence of the official before whom the legal action takes place. The process is called adrogatio, when persons who are their own masters deliver themselves into the control of another, and are themselves responsible for the act. But arrogations are not made without due consideration and investigation; for the so-called comitia curiata The assembly of the curiae, the thirty divisions into which the Roman citizens were divided, ten for each of the original three tribes. It was superseded at an early period by the comitia centuriata, and its action was confined to formalities. See xv. 27. 5. are summoned under the authority of the pontiffs, and it is inquired whether the age of the one who wishes to adopt is not rather suited to begetting children of his own; precaution is taken that the property of the one who is being adopted is not being sought under false pretences; and an oath is administered which is said to have been formulated for use in that ceremony by Quintus Mucius, Fr. 13, Huschke; I. p. 58 and p. 80, Bremer. when he was pontifex maxinus. But no one may be adopted by adrogatio who is not yet ready to assume the gown of manhood. The name adrogatio is due to the fact that this kind of transfer to another's family is accomplished through a rogatio or request, put to the people.
