PATRES. [PATRICII.]

PĂTRĬA POTESTAS. Potestas signifies generally a power or faculty of

any kind by which we do anything. “Potestas,” says Paulus, a Roman

jurist, “has several significations: when applied to magistrates,

it is Imperium; in the case of children, it is the patria potestas;

in the case of slaves, it is Dominium.” According to Paulus then,

potestas, as applied to magistrates, is equivalent to imperium.

Thus we find potestas associated with the adjectives praetoria,

consularis. But potestas is applied to magistrates who had not the

imperium, as for instance to quaestors and tribuni plebis; and

potestas and imperium are often opposed in Cicero. [IMPERIUM.] Thus

it seems that this word potestas, like many other Roman terms,

had both a wider signification and a narrower one. In its wider

signification it might mean all the power that was delegated to any

person by the state, whatever might be the extent of that power.

In its narrower significations, it was on the one hand equivalent

to imperium; and on the other, it expressed the power of those

functionaries who had not the imperium. Sometimes it was used to

express a magistratus, as a person; and hence in the Italian language

the word podestà signifies a magistrate. Potestas is also one of

the words by which is expressed the power that one private person

has over another, the other two being manus and mancipium. The

potestas is either dominica, that is, ownership as exhibited in the

relation of master and slave [SERVUS]; or patria as exhibited in the

relation of father and child. The mancipium was framed after the

analogy of the potestas dominica. [MANCIPIUM.] Patria potestas then

signifies the power which a Roman father had over the persons of his

children, grandchildren, and other descendants (_filii-familias_,

_filiae-familias_), and generally all the rights which he had by

virtue of his paternity. The foundation of the patria potestas was

a legal marriage, and the birth of a child gave it full effect.

[MATRIMONIUM.] It does not seem that the patria potestas was ever

viewed among the Romans as absolutely equivalent to the dominica

potestas, or as involving ownership of the child; and yet the

original notion of the patria came very near to that of the dominica

potestas. Originally the father had the power of life and death over

his son as a member of his familia; and he could sell him, and so

bring him into the mancipii causa. He could also give his daughter in

marriage, or give a wife to his son, divorce his child, give him in

adoption, and emancipate him at his pleasure.

PATRĬCĬI. This word is evidently a derivative from _pater_, which

frequently occurs in the Roman writers as equivalent to senator.

_Patricii_ therefore signifies those who belonged to the _patres_,

but it is a mistake to suppose that the patricii were only the

offspring of the patres in the sense of senators. On the contrary,

the patricians were, in the early history of Rome, the whole body

of Roman citizens, the _populus Romanus_, and there were no real

citizens besides them. The other parts of the Roman population,

namely clients and slaves, did not belong to the populus Romanus,

and were not burghers or patricians. The senators or patres (in

the narrower sense of the word) were a select body of the populus

or patricians, which acted as their representatives. The burghers

or patricians consisted originally of three distinct tribes, which

afterwards became united into the sovereign populus. These tribes had

founded settlements upon several of the hills which were subsequently

included within the precincts of the city of Rome. Their names were

Ramnes, Tities, and Luceres, or Ramnenses, Titienses, and Lucerenses.

Each of these tribes consisted of ten curiae, and each curia of ten

gentes, and of the same number of decuries, which were established

for representative and military purposes. [SENATUS.] The first

tribe, or the Ramnes, were a Latin colony on the Palatine hill,

said to have been founded by Romulus. As long as it stood alone, it

contained only one hundred gentes, and had a senate of one hundred

members. When the Tities, or Sabine settlers on the Quirinal and

Viminal hills, under king Tatius, became united with the Ramnes,

the number of gentes, as well as that of senators, was increased

to 200. These two tribes after their union continued probably for

a considerable time to be the patricians of Rome, until the third

tribe, the Luceres, which chiefly consisted of Etruscans, who had

settled on the Caelian hill, also became united with the other two as

a third tribe. The amalgamation of these three tribes did not take

place at once: the union between Latins and Sabines is ascribed to

the reign of Romulus, though it does not appear to have been quite

perfect, since the Latins on some occasions claimed a superiority

over the Sabines. The Luceres existed for a long time as a separate

tribe without enjoying the same rights as the two other tribes, until

Tarquinius Priscus, himself an Etruscan, caused them to be placed on

a footing of equality with the others. For this reason he is said to

have increased the number of senators to 300. The Luceres, however,

are, notwithstanding this equalisation, sometimes distinguished

from the other tribes by the name _patres_ or _patricii minorum

gentium_. During the time of the republic, distinguished strangers

and wealthy plebeians were occasionally made Roman patricians; for

instance, Appius Claudius and his gens, and Domitius Ahenobarbus.

When the plebeians became a distinct class of citizens [PLEBES], the

patricians, of course, ceased to be the only class of citizens, but

they still retained the exclusive possession of all the power in the

state. All civil and religious offices were in their possession, and

they continued as before to be the populus, the nation now consisting

of the populus and the plebes. In their relation to the plebeians

or the commonalty, the patricians were a real aristocracy of birth.

A person born of a patrician family was and remained a patrician,

whether he was rich or poor, whether he was a member of the senate,

or an eques, or held any of the great offices of the state, or not:

there was no power that could make a patrician a plebeian. As regards

the census, he might indeed not belong to the wealthy classes, but

his rank remained the same. The only way in which a patrician might

become a plebeian was when of his own accord he left his gens and

curia, gave up the sacra, &c. A plebeian, on the other hand, or even

a stranger, might be made a patrician by a lex curiata. But this

appears to have been done very seldom; and the consequence was, that

in the course of a few centuries the number of patrician families

became so rapidly diminished, that towards the close of the republic

there were not more than fifty such families. Although the patricians

throughout this whole period had the character of an aristocracy of

birth, yet their political rights were not the same at all times.

During the first centuries of the republic there was an almost

uninterrupted struggle between patricians and plebeians, in which

the former exerted every means to retain their exclusive rights, but

which ended in the establishment of the political equality of the

two orders. [PLEBES.] Only a few insignificant priestly offices, and

the performance of certain ancient religious rites and ceremonies,

remained the exclusive privilege of the patricians; of which they

were the prouder, as in former days their religious power and

significance were the basis of their political superiority. At the

time when the struggle between patricians and plebeians ceased, a new

kind of aristocracy began to arise at Rome, which was partly based

upon wealth, and partly upon the great offices of the republic, and

the term nobiles was given to all persons whose ancestors had held

any of the curule offices. (Compare NOBILES.) This aristocracy of

nobiles threw the old patricians as a body still more into the shade,

though both classes of aristocrats united as far as was possible to

monopolise all the great offices of the state. In their dress and

appearance the patricians were scarcely distinguished from the rest

of the citizens, unless they were senators, curule magistrates, or

equites, in which case they wore like others the ensigns peculiar

to these classes. The only thing by which they seem to have been

distinguished in their appearance from other citizens was a peculiar

kind of shoe, which covered the whole foot and part of the leg,

though it was not as high as the shoes of senators and curule

magistrates. These shoes were fastened with four strings (_corrigiae_

or _lora patricia_) and adorned with a lunula on the top.

PĂTRĪMI ET MĀTRĪMI were children born of parents, who had been

married by the religious ceremony called confarreatio: they are

almost always mentioned in connection with religious rites and

ceremonies.

PĂTRŎNŎMI (πατρονόμοι), magistrates at Sparta, who exercised, as it

were, a paternal power over the whole state. They did not exist till

a late period, and they succeeded to the powers which the ephori

formerly possessed.

PĂTRŌNUS. The act of manumission created a new relation between

the manumissor and the slave, which was analogous to that between

father and son. The manumissor became with respect to the manumitted

person his patronus, and the manumitted person became the libertus

of the manumissor. The word patronus (from pater) indicates the

nature of the relation. If the manumissor was a woman, she became

patrona. The libertus adopted the gentile name of the manumissor.

Cicero’s freedman Tiro was called M. Tullius Tiro. The libertus owed

respect and gratitude to his patron, and in ancient times the patron

might punish him in a summary way for neglecting those duties. This

obligation extended to the children of the libertus, and the duty was

due to the children of the patron. It was the duty of the patron to

support his freedman in case of necessity, and if he did not, he lost

his patronal rights; the consequence was the same if he brought a

capital charge against him. The most important of the patronal rights

related to the property of liberti, as in certain cases the patronus

had a right to the whole or a part of the property of a libertus.

PAUPĔRĬES, the legal term for mischief done by an animal

(_quadrupes_) contrary to the nature of the animal, as if a man’s ox

gored another man. In such cases the law of the Twelve Tables gave

the injured person an action against the owner of the animal for the

amount of the damage sustained. The owner was bound either to pay the

full amount of damages or to give up the animal to the injured person

(_noxae dare_).

A Smaller Dictionary of Greek and Roman Antiquities · 第 480 / 846 题