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right's of the child as a filiusfamilias or filiafamilias. Of these rights, the most important was the ca pacity of being the suus heres of the father. Gene rally, the parent could emancipate his child at his pleasure, and thus deprive him of the rights of agnation ; but the law in this respect was altered by Justinian (Nov. 89. c, 11), who made the con sent of the child necessary. (Savigny, System, &c., ii. 49, &c. ; Puchta, Inst. iii. 142 ; Bb'cking, Inst. i. 224.) [G. L.]
PATRFCII. This word is a derivative from pater, which in the early times invariably denoted a patrician, and in the later times of the republic frequently occurs in the Roman writers as equivalent to senator. Patricii therefore signifies those who belonged to the patres " rex patres eos (sena-tores) voluit nominari, patriciosque eorumliberos." (Cic. de Re Pull. ii. 12 ; Liv. i. 8 ; Dionys. ii. 8.) It is a mistake in these writers to suppose that the patricii were only the offspring of the patres in the sense of senators, and necessarily connected with them by blood. Patres and patricii were originally convertible terms. (Plut. Romul 13 ; Lydus, de Mens, i. 20, de Mag. i. 16 ; Niebuhr, Hist, of Rome, i. p. 336.) The words patres and patricii have radically and essentially the same meaning, and some of the ancients believed that the name patres was given to that particular class of the Roman population from the fact that they were fathers of families (Plut. Dionys. I. c.) ; others, that they were called so from their age (Sallust, Catil. 6) ; or because they distributed land among the poorer citizens, as fathers did among their children. (Fest. s. v. Patres Senatores; Lyd. de Mens. iv. 50.) But most writers justly refer the name to the patrocinium which the patricians exercised over the whole state, and over all classes of persons of whom it was composed, (Plut. and Sallust, 1. c. ; Zonaras, vii. 8 j Suidas,
In considering who the patricians were, we have to distinguish three periods in the history of Rome. The first extends from the foundation of the city down to the establishment of the plebeians as a second order ; the second, from this event down to the time of Constantine, during which time the patricians were a real aristocracy of birth, and as such formed a distinct class of Roman citizens opposed to the plebeians, and afterwards to the new plebeian aristocracy of the nobiles : the third period extends from Constantine down to the middle ages, during which the patricians were no longer an aristocracy of birth, but were persons who merely enjoyed a title, first granted by the emperors and afterwards by the popes also.
First Period : from the foundation of the city, to the establishment of the plebeian order. Niebuhr's researches into the early history of Rome have established it as a fact beyond all doubt, that during this period the patricians comprised the whole body of Romans who enjoyed the full franchise, that they were the populus Romanus, and that there were no other real citizens besides them. (Niebuhr, Hist, of Rome, ii. pp. 224, 225. note 507; Cic. pro Caecin. 35.) The patricians must be regarded as conquerors who reduced the earlier in-. habitants of the places they occupied to a state of servitude, which in our authorities is designated by the terms cliens and plebs. The other parts of the Roman population, namely clients and slaves, did not belong to the populua Romanus, or sovereign
people, and were not burghers or patricians.- The senators were a select body of the populus or patricians, which acted as their representative. The burghers or patricians consisted originally of three distinct tribes, which gradually 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 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 Quiririal 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. When this settlement was made is, not certain: some say that it was in the time of Romulus (Fest. s. v. Caelius Mons and Luceres; Varro, de Ling. Lat. v. 55) ; others that it took place at a later time. (Tacit. Annal. iv. 65 ; Fest. s. v. Tuscum victim.) But the Etruscan settlement was in all probability older than that of the Sabines (see Gottling, Gesch. der Rom. Staatsverf. p. 54, &c.), though it seems occasionally to have received new bands of Etruscan settlers even as late as the time of the republic.
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. (Dionys. ii. 62.) The Luceres existed for a long time as a separate tribe without enjoying the same rights as the two others 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 (Dionys. iii. 67 ; Liv. i. 35 ; Cic. de Re Publ. ii. 20 ; compare senatus), and to have added two Vestal virgins to the existing number of four. (Dionys. 1. c. ; Fest. s. v. Seat; Vestae sacerdotes; Niebuhr, Hist, of Rome, i. p. 302, &c.) The Luceres, however, are, notwithstanding this equalisation, sometimes distinguished from the other tribes by the name patres minorum gentium; though this name is also applied to other members pf the patricians, e. g. to those plebeian families who were admitted by Tarquinius Priscus into the three tribes, and in comparison with these, the Luceres are again called patres majorum gentium. (Compare Niebuhr, i. p. 304, and Gottling, p. 226, &c.) That this distinction between patres majorum and minorum gentium was kept up in private life, at a time when it had no value whatever in a political point of view, is clear from Cicero (ad Fam. ix. 21). Tullus Hostilius admitted several of the noble gentes of Alba among the patricians (««