Legal Definitions - frater

In historical Roman law, the term frater referred generally to a brother. However, Roman legal and social systems often used specific modifiers with frater to distinguish between different types of fraternal relationships based on shared parentage or upbringing. These distinctions were important for matters such as inheritance, family lineage, and social standing.

• frater consanguineus

  This term describes a brother or half-brother who shares the same biological father, but not necessarily the same mother.

  • Example 1: After the death of his first wife, a Roman citizen named Aemilius remarried and had a son, Decimus. Aemilius already had a son, Marcus, from his previous marriage.
  • Explanation 1: Marcus and Decimus would be considered frater consanguineus because they share Aemilius as their biological father, even though their mothers are different.
  • Example 2: In a legal dispute over a father's estate, a Roman court might specifically refer to the deceased's frater consanguineus to determine who had a claim to property passed down through the paternal line.
  • Explanation 2: This illustrates how the term was used to identify brothers connected through their father, which was crucial for legal matters concerning paternal lineage and inheritance.
• frater germanus

  This term refers to a full brother, meaning two brothers who share both the same biological mother and the same biological father.

  • Example 1: Gaius and Lucius were born to the same parents, Quintus and Livia, and grew up together in the family home.
  • Explanation 1: Gaius and Lucius are frater germanus because they share both their mother and their father, representing the most direct form of brotherhood.
  • Example 2: A Roman will might stipulate that a particular family heirloom should pass jointly to the testator's frater germanus, indicating that only brothers with both parents in common would inherit that specific item.
  • Explanation 2: This usage highlights that the brothers have a common origin from both parents, which could be significant for shared inheritance or other legal responsibilities.
• frater nutricius

  This unique historical term refers to a foster brother who was suckled by the same wet nurse. It signifies a bond formed through shared early care rather than biological parentage.

  • Example 1: The infant son of a wealthy Roman senator, Publius, and the infant son of a trusted household servant, Caelus, were both nursed by the same wet nurse, Antonia, during their early years.
  • Explanation 1: Publius and Caelus would be considered frater nutricius due to their shared experience of being suckled by Antonia, creating a recognized bond despite their different social statuses and biological parents.
  • Example 2: In ancient Roman society, a powerful individual might have maintained a lifelong bond of loyalty and patronage with a childhood companion who was his frater nutricius, reflecting the strong personal ties that could develop from such an upbringing.
  • Explanation 2: This illustrates how the term describes a relationship based on shared early care and upbringing, which could foster significant personal loyalty and connection, sometimes even transcending social hierarchies.
• frater uterinus

  This term describes a brother or half-brother who shares the same biological mother, but not necessarily the same father.

  • Example 1: Cornelia had a son, Tiberius, with her first husband. After her husband's death, she remarried and had another son, Drusus, with her second husband.
  • Explanation 1: Tiberius and Drusus are frater uterinus because they share the same biological mother, Cornelia, even though they have different fathers.
  • Example 2: In a legal proceeding concerning a mother's personal property or dowry after her death, Roman law might distinguish between her frater uterinus (her sons from different fathers) to determine specific inheritance rights related to the maternal line.
  • Explanation 2: This shows how the term was used to identify brothers connected through their mother, which could be relevant for legal matters concerning maternal lineage or property, particularly in societies where maternal property rights were distinct.