Legal Definitions - liberi

In ancient Roman law, liberi refers to a person's children or descendants. This term was particularly significant in the context of inheritance, especially when someone died without a will (known as intestate succession).

Under Roman legal principles, the liberi were considered the primary group of individuals entitled to inherit. This category was broad, encompassing not only children who were still under the legal authority of their father (patria potestas) but also those who had been legally emancipated, meaning they were no longer under that authority.

Here are some examples illustrating the application of liberi:

• Scenario 1: A Roman Citizen Dies Intestate

  Imagine a Roman citizen named Marcus, who passes away without having written a will. Marcus had three adult children: his son, Lucius, who remained under Marcus's legal authority; his daughter, Julia, who had been married and was no longer under Marcus's authority; and his son, Gaius, whom Marcus had legally emancipated years ago. In this situation, all three—Lucius, Julia, and Gaius—would be considered Marcus's liberi and would be the first in line to inherit his estate according to Roman law. This demonstrates how liberi included both children under authority and those who were emancipated or otherwise independent.

• Scenario 2: Grandchildren as Descendants

  Consider another Roman citizen, Cornelia, who dies without a will. Cornelia had a son, Quintus, who passed away before her, leaving behind two children of his own, named Titus and Livy. Cornelia also had a living daughter, Octavia. In this case, Octavia, Titus, and Livy would all be considered Cornelia's liberi. Even though Titus and Livy are grandchildren, they are direct descendants and would be included in the primary class of heirs, alongside Octavia, reflecting the broad interpretation of liberi to include all direct descendants.

• Scenario 3: Prioritizing Heirs in Succession

  Suppose a wealthy Roman merchant, Decimus, dies without a will, leaving behind no living parents or siblings, but he does have a daughter, Claudia, and a cousin, Brutus. Under Roman intestate succession rules, Claudia, as Decimus's daughter, would be his liberi. She would have the primary claim to his estate, taking precedence over other relatives like Brutus, the cousin. This illustrates the hierarchical nature of Roman inheritance, where liberi held the top rank among potential claimants.