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
No such group could possibly form a _gens_ of its own, if it could be
regarded as having been originally in dependence on a patrician clan.
Although in course of time legally independent and freed from all
trammels of clientship, it was yet disqualified from clan-brotherhood
by this original connexion; it remained an offshoot (_stirps_), a mere
dependent branch, and could never be a self-existent _gens_. This
disqualification is exhibited in the definition of _gentilitas_ given
by the jurist Scaevola (consul 133 B.C.), which gives as two of its
conditions free birth in the second degree, and the absence of servile
blood in one’s ultimate ancestry.[34] This definition excludes from
membership of a _gens_ all those Plebeians who had sprung originally
from emancipated slaves. No one who could be proved to have the taint
of servile blood could ever be a _gentilis_. But there is every reason
to believe that _servitus_ was interpreted in a further sense, that
clientship was regarded as a quasi-servile position, and debarred a group
of families, whose ancestor could be proved to be a client, for ever from
being a clan.
As a rule it would have been difficult, if not impossible, to furnish
this proof; but there was one legal sign of it—the bearing by a plebeian
_stirps_ of the same name as a patrician clan. The presumption of the
law, in the case of the coexistence of a plebeian group of families
with a patrician group of the same name, was apparently that the former
had once been clients of the latter, and could never, therefore, form a
_gens_ of their own.[35]
But, if there were plebeian families that had no origin in clientship,
there was nothing to prevent these from being _gentes_. It is true that
Patricians sometimes made the claim that all the plebeian families had
originated from clientship.[36] But this is, as we saw,[37] probably
not true of the origin of many of the plebeian families, and there is
abundant evidence that the theory was not recognised by law. We know, for
instance, that gentile inheritances were shared by the plebeian Minucii,
and gentile sepulchres by the plebeian Popilii.[38]
The foregoing description shows that the _gens_ rests on a natural basis,
that it professedly represents the widest limits of blood-relationship;
hence it would seem to follow that it could not be artificially created
or its members redistributed; that the numbers of the clans could not
be regulated numerically, except conceivably by the addition to the
existing number of a precise number of added clans—a most improbable
procedure; and that, as being a natural and not an artificial creation,
it was a union which was not likely to be of primary importance
politically, and the rights of whose members were in all probability
those of private rather than of public law. These expectations are
verified, but the attempts to point out certain purely political
characteristics of these associations deserve examination.[39]
Public-domain text, read in full here on John Shaqi.
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