Under their system, the
freedman had a right to transfer his allegiance to another patron; an
act which caused the forfeiture to his former master, of at least half
his property. Not only individuals, but churches, and municipal bodies,
could exercise patronal rights. While the term client was generally
applied by both nations to a manumitted slave, it had in fact, a much
broader meaning; and denoted any person who voluntarily placed himself
under the care or supervision of another of superior rank or power.
This institution had more influence in preserving and perpetuating the
distinctions of caste--that most pernicious and fatal of evils which
cause the disintegration of nations and overthrow of governments--than
any other arbitrary and oppressive regulation of ancient times.
[27] Among the clients owing services to a patron, were the
_buccelarii_, who derived their appellation from the _buccela_, or
ration, furnished them. They may be designated “bailiffs,” as their
duties resembled, in many respects, those of the Spanish _alguazil_.
They formed part of the armed retinue of the patron, accompanied
him to war, and guarded his property in times of revolution and
disorder.--[ED.]
[28] The irresponsible, and more than despotic authority vested by
the Roman laws in the father over the son, was thoroughly repugnant
to the Visigothic conception of justice and freedom, which had been
transmitted through many generations of barbarian ancestors. The
Roman father not only possessed the power of life and death over his
children, but had the undisputed right to sell them into slavery. The
parental and filial relation was hedged about with such restrictions
that it was almost impossible to sever it during life. By the law of
the Twelve Tables a son could not be free, unless he had been sold as
a slave and manumitted, three times. His reduction to a condition of
servitude carried with it many civil disabilities which could never be
removed. The independence of a son of his father’s control rendered
his inheritance of the parental estate impossible. These oppressive
regulations were either greatly modified, or entirely abrogated, by the
more equitable policy of Visigothic legislation. In the case of female
children also, under the latter system, principles more consonant with
ideas of justice prevailed. The emancipation of the sex from arbitrary
restraint also made great progress, when it is remembered that a woman,
no matter what her age or position, was always considered by the Romans
to be in a condition of tutelage.--[ED.]
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