Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
We have seen that manumission in due form made a citizen of a slave. The
_libertini_, therefore, are not a third class in the state, and only
demand a separate treatment in so far as their grant of freedom was
conditioned by the performance of certain duties to their former masters,
and in so far as the lack of free birth (_ingenuitas_) entailed certain
political disabilities.
The relation of the _libertus_[577] to his former master, who now became
his _patronus_, was to some extent modelled on that of the ancient client
to his lord. The freedman owed his manumitter reverence and obedience
(_obsequium_);[578] he could not prosecute, or appear as a witness
against him, in the criminal courts,[579] and he required the permission
of the praetor to bring even a civil action against his former master or
that master’s near relatives.[580] The patron’s right of succession to
the freedman’s estate if he died intestate and without heirs,[581] if
it was not a family right, was justified by the fact that the capital
with which the freedman started life must have been generally the gift
of the master, whether it took the form of a _peculium_ or not. This
circumstance must have been also felt to justify manumission on the
condition of continuing to perform certain services to the _dominus_.
But the privilege of imposing such conditions was abused, and had to
be limited by the edict of a praetor Rutilius,[582] which practically
confined them to the performance of certain personal services
(_operae_). The fact that the freedman was still regarded as an appendage
of the _familia_ was most clearly shown by the criminal jurisdiction—even
extending to capital punishment—exercised over him by the head of the
family even at the close of the Republic.[583]
Public-domain text, read in full here on John Shaqi.
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