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
The description which we possess of the mutual obligations of patrons
and clients,[25] although it contains many primitive elements, obviously
refers to a time when the client was allowed to possess property of his
own and was often a man of considerable wealth, but when, in spite of
this power, he does not seem to have appeared in person in the public
courts. It was the duty of the Patricians to interpret the law to their
clients, to accept their defence in suits, and to represent them when
they were plaintiffs.[26] The client, on the other hand, was bound to
help to dower the daughter of the patron if the latter was poor; to pay
the ransom if he or his son were captured by enemies; and, if his lord
was worsted in a private action or incurred a public fine, to defray
the expense from his own property. If any of these duties were violated
by the client, he was held guilty of treason (_perduellio_), and as the
secular arm suspended him from the unlucky tree, so the religious power
devoted to the infernal gods the patron who had woven a net of fraud
for his dependant.[27] Even after the effective infliction of religious
sanctions had disappeared, the duty to the client ranked only second
to that which was owed by a guardian to his ward.[28] The earliest
clientship was strictly hereditary; but the bond must have become weaker
with successive generations, after the evolution of plebeian rights, and
at a time when _clientes_ themselves possessed votes in the _comitia
curiata_.[29] Nay, the Plebeian at this period may himself be a patron,
and his attainment of full citizenship in private law must have been
held to qualify him for this duty of protection. Yet the client body
still continues to be recruited by new members; for the antique form of
_applicatio_ still exists, and the manumitted slave owes duties to his
patron. We know too that in the fourth and third centuries the patronal
rights over the freedman extended to the second generation.[30]
A faint trace of hereditary clientship, based on a purely moral sanction,
and accompanied perhaps by the performance of some of the duties of the
old relationship, still exists in the second century. The family of
Marius, we are told, had been clients of the plebeian Herennii, and some
of the rights of the relationship were held to extend to him. But we are
also told that at this period a principle was recognised that this bond
was for ever broken by the client’s attainment of curule office,[31] that
is, by the ennoblement of him and his family.
§ 3. _Roman Family Organisation—The Gens, the Familia, the Bondsman and
the Slave—The Disposition of Property—The Conception of “Caput”_
Public-domain text, read in full here on John Shaqi.
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