a study of galatians 4

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A Study of Galatians 4:1-5Author(s): W. O. SproullReviewed work(s):Source: The Old and New Testament Student, Vol. 9, No. 4 (Oct., 1889), pp. 214-218Published by: The University of Chicago PressStable URL: http://www.jstor.org/stable/3158025 .Accessed: 20/02/2012 15:30

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A STUDY OF GALATIANS 4:I-5.

We shall discuss this passage only with reference to itslegal aspects. The language in verses I, 2, pertains to theguardianship of a son according to the provisions of hisfather's will, and verse 5 treats of adoption. The importantwords are in verse 2: under tutors and governors until thetime appointed of his father ; [R. V. guardians and stew-

ards until the term, etc.; Vulgate, sub tutoribus et actori-bus est usque ad praefinitum tempus a patre ; original,hupo epitropous esti kai oikonomous archites prodesmias tou

patros ]. In verse 5 the principal words, both in the commonand the revised version, are redeem and receive the adoption ofsons; vulgate, redimeret, ut adoptionem filiorum recipere-mus; original, exagorase (buy from or out of) hina tenhuiothesian apolabomen. Is Paul referring here to Jewish,Greek or Roman law?

It is clear from the contents of the epistle that the Galatianswere chiefly heathen and not Jewish converts. In vi: I2, 13,they are spoken of as being uncircumcised, and v: 2, 6 and 24could be properly addressed only to those who were notHebrews. In i: I6, and ii:9, Paul tells that his rpission is tothe heathen and not to those of the circumcision. In i: 13and 14 he speaks of the Jews' religion, an expression thatwould not be employed in writing to those who were Jews.Paul, therefore, in writing to heathen converts, would notmake use of analogies which would be familiar to those onlywho were acquainted with Jewish law and practices, and itcannot be thought that the Galatians either, as heathens, werethoroughly acquainted with these, or as Christians conformedto them.

We know very little about Jewish law and practices as bear-ing upon these two points; namely, testamentary guardian-

ship and adoption. What is contained in Num. xxvii: I-II,Deu. xxi: I6, 17, and the mentioning of isolated cases of thosewho set their house in order, do not furnish a commentaryfor Gal. iv: I and 2. As for adoption, there is no undoubtedinstance of it recorded in the Old Testament. The throwingof the mantle by Elijah upon Elisha, I Kings xix: 19, and a

214 [Oct.,


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somewhat similar act recorded in Ruth iii:9, hardly consti-tuted adoption. At all events, it had nothing in common

with the legal terminology of Gal. iv, 5. Any sale of childrenamong the Hebrews was into servitude or slavery', and hadnothing to do with the child's being adopted into the family.

Passing now to Greek law and practices, we find that afather could name in his will one or more guardians, epitropoi,for his son. These had control of the person and property oftheir ward, and were responsible therefor. In the relationthey sustained to the ward's property, the guardians werecalled kurioi. The

guardianshipcame to an end when the

youth reached his eighteenth year.Adoption among the Athenians was conducted as follows:

The adopter brought the lad at the appointed time to theassembly of the clans (genoz), and phratriae (a body of thirtyclans). He brought also an offering, and at the same timetook oath that the one to be adopted was an Attic citizen. Avote was taken by the phratriae, and the adopter enrolled hisadopted son among the phratriae. Later, at the time of theannual election, the adopted son was again enrolled in thebook of the community. The act of the adopter was calledeispoieisthai, poieisthai, thesthai huion, huiosai. The adopter waspoietos pater or theees. We have gone thus into details to sh'owthat there was in this act no trace of a purchase of the son,that the word exagorazo could not at all be made use of here.

Let us now turn our attention to Roman law and practices.A Roman father could name in his will a guardian or guar-dians' (tutores) for his son. The guardian had control bothof the person and property of his ward. If the testamentaryguardian was an honest man, but not a good business manager,there might be associated with him a curator or curators'(curatores). These corresponded to the oikonomoi mentionedin verse 2. Moreover the father could specify in his will acertain time, after which the guardianship over his son shouldcease, until the time appointed of his father. In Justinian

it is said, under testamentary guardianship: Adcertum tempus,seu ex certo tempore, vel sub condicione, vel ante heredis institu-tionem posse dari tutorem non dubitatur'. Again it is declaredthat testamentary guardianships (tutores), given for a certaintime, lay down their office at the end of that time'. More-

Ex. 2 : 2, 7. 2 Just. I, 13:3. 3 Just. I, 23 : 5. 4 I, 4 :3. I, 22:5.

i889] 215


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over, we find in the Digest, under De testamentaria tutela, thata guardian might be appointed from a certain time, up to a

certain time, on certain conditions or up to the fulfillment ofcertain conditions1. Likewise a boy, when he reached puberty,i. e. fourteen years, was freed from guardianship, but it wascustomary to give him a curator or curators until he attainedhis twenty-fifth year. These curators assisted him in manag-ing his property, to see that he was not defrauded, but theyhad no control over his person. These curators, althoughproperly appointed by the magistrates and not by will, yet ifnamed in a will

theywere confirmed

bythe

praetoror

gov-ernor of a province2.Before the time of Justinian, the common mode of adoption,

among the Romans, of a male who was not his own master(alienijuris) consisted of two distinct acts. The first of thesewas a triple fictitious sale, and the second a friendly lawsuit.The object of the sale was, that the father's power, patriapotestas, over his son might be annulled. According to theXII Tables, a son sold by his father and freed by his newmaster, came under his father's power again, and it was onlyafter a third sale by the father that he lost all possible jurisdic-tion over his son. The object of the lawsuit was that theadopter might acquire a father's power over the one to beadopted. The principle that lay at the foundation of adop-tion was the patria potestas or the power of the head of thefamily over its members. It was this power that gave a fatherthe right to sell his children. We shall have occasion to re-

vert to this.The fictitious sale (mancipium) was in the presence of five

witnesses and a balance-holder. The purchaser took hold ofthe lad and claimed him as having been purchased by him3, atthe same time striking the scales with a piece of money (as),and then giving it to the 'father as the purchase price. Thepurchaser now freed the boy, for he was not his adopted son,but his chattel. As soon as the boy had been freed, the

father's power over him again held good. The sale and themanumission were repeated. A third time the boy was soldby his father, and the purchaser mancipated him again to hisfather. Since, however, the father had already sold his son

Digest Ulp., 31; Lit. 2:8. 2 Just. I, 23: I.

3 Isque mihi emptus esto, Gaius I : I19.

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The Galatians, called also Gallograeci, were the Gauls whoin their march westward settled in Asia Minor. They were

of the same race as the Gauls of Western Europe. That theGauls of Germany had patria potestas we know from Caesar'.His words are: Viri in uxores, sicut in liberos vitae necisquehabentpotestatem. We should also expect that the same prin-ciple would prevail among the Galatians. Again Gaius2 says

the patria potestas is a right peculiar to Roman citizens, buthe adds, it does not escape my notice that the Galatiansbelieve that their children are in the power of their parents.This is a remarkable

statement,for the Roman

juristsmain-

tained that the patria potestas was peculiar to the Romans, andthese words in Gaius are the only passage among their extantwritings that admits in the least degree of its existence amongany other people. We know nothing about the laws andpractices of the Galatians, as pertaining to guardianship andadoption. They may have been the same, at this time, asthose of the Romans. The difference could not have beenvery great, since the principle of patria potestas ruled amongboth peoples.

W. O. SPROULL.

University of Cincinnati.

Bel. Gal. 6: I9.

218 [Oct.,

2 Gaius : 55.

a study of galatians 4

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