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PATRON AND CLIENT (Lat. patronus, fro...

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Originally appearing in Volume V20, Page 936 of the 1911 Encyclopedia Britannica.
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PATRON AND CLIENT (See also:Lat. patronus, from See also:pater, See also:father; clientes or cluentes, from cluere, to obey)  , in See also:Roman See also:law . Clientage appears to have been an institution of most of the Graeco-See also:Italian peoples in See also:early stages of their See also:history; but it is in See also:Rome that we can most easily trace its origin, progress and decay . Until the reforms of Servius Tullius, the only citizens proper were the members of the patrician and See also:gentile houses; they alone could participate in the solemnities of the See also:national See also:religion, take See also:part in the See also:government and See also:defence of the See also:state, See also:contract quiritarian See also:marriage, hold See also:property, and enjoy the See also:protection of the See also:laws . But alongside of them was a gradually increasing non-See also:citizen See also:population composed partly of slaves, partly of See also:free-men, who were nevertheless not admitted to See also:burgess rights . To the latter class belonged the clients, individuals who had attached themselves in a position of dependence to the heads of patrician houses as their patrons, in See also:order thereby to secure See also:attachment to a gens, which would involve a de facto freedom . See also:Mommsen held that the See also:plebs consisted originally of clients only; but the earliest records of Rome reveal the possibility of a See also:man becoming a plebeian member of the Roman state without assuming the dependent position of clientship (see See also:PATRICIANS); and See also:long before the See also:time of Servius Tullius the clients must be regarded as a See also:section only of the plebeian order, which also contained members unattached to any patronus . The relation-See also:ship of See also:patron and client was ordinarily created by what, from theclient's point of view, was called adplicatio ad patronum, from that of the patron, susceptio clientis—the client being either a See also:person who had come to Rome as an See also:exile, who had passed through the See also:asylum, or who had belonged to a state which Rome had overthrown . According to See also:Dionysius and See also:Plutarch, it was one of the early cares of See also:Romulus to regulate the relationship, which, by their See also:account of it, was esteemed a very intimate one, imposing upon the patron duties only less sacred than those he owed to his See also:children and his See also:ward, more urgent than any he could be called upon to perform towards his kinsmen, and whose neglect entailed the See also:penalty of See also:death (Tellumoni sacer esta) . He was See also:bound to provide his client with the necessaries of See also:life; and it was a See also:common practice to make him a See also:grant during See also:pleasure of a small See also:plot of See also:land to cultivate on his own account . Further, he had to advise him in all his affairs; to represent him in any transactions with third parties in which, as a non-citizen, he could not See also:act with effect; and, above all things, to stand by him, or rather be his substitute, in any litigation in which he might become involved . The client in return had not only generally to render his patron the respect and obedience due by a dependant, but, when he was in a position to do so and the circumstances of the patron required it, to render him pecuniary assistance . As time advanced and clients amassed See also:wealth, we find this See also:duty insisted upon in a See also:great variety of forms, as in contributions towards the dowries of a patron's daughters, towards the See also:ransom of a patron or any of his See also:family who had been taken See also:captive, towards the See also:payment of penalties or fines imposed upon a patron, even towards his See also:maintenance when he had become reduced to poverty .

Neither might give See also:

evidence against the other—a See also:rule we find still in observance well on in the 1st See also:century B.C., when C . Herennius declined to be a See also:witness against C . See also:Marius on the ground that the family of the latter had for generations been clients of the Herennii (Plut . See also:Mar . 5) . The client was regarded as a See also:minor member (gentilicius) of his patron's gens; he was entitled to assist in its religious services, and bound to contribute to the cost of them; he had to follow his patron to See also:battle on the order of the gens; he was subject to its See also:jurisdiction and discipline, and was entitled to See also:burial in its common See also:sepulchre . And this was the See also:condition, not only of the client who personally had attached himself to a patron, but that also of his descendants; the patronage and the clientage were alike hereditary . The same relationship was held to exist between a freedman and his former owner; for originally a slave did not on enfranchisement,become a citizen; it was a de facto freedom merely that he enjoyed; his old owner was always called his patron, while he and his descendants were substantially in the position of clients, and often so designated . In the two See also:hundred years that elapsed before the Servian constitutional reforms, the numerical strength of the clients, whether in that condition by adplicatio, enfranchisement or descent, must have become considerable; and it was from time to time augmented by the retainers of distinguished immigrants admitted into the ranks of the patriciate . There seems also to have been during this See also:period a See also:gradual growth of virtual See also:independence on the part of the clients, and it is probable that their See also:precarious See also:tenure of the See also:soil had in many cases come to be practically regarded as ownership, when a patron had not asserted his right for generations . The exact nature of the privileges conferred on the clients by Servius Tullius is not known . Probably this See also:king guaranteed to the whole plebeian order, including the clients, the legal right of private ownership of Roman land .

At the same time he imposed upon the whole order the duty of serving in the See also:

army, which was now organized on a basis of wealth . The client had previously been liable to military service at the command of the gens . Now he was called upon to take his part in it as a member of the state . As a natural corollary to this, all the plebeians seem to have been enrolled in the tribes, and after the institution of the plebeian See also:assembly (concilium plebis) the clients, who formed a large part of the order, secured a See also:political See also:influence which steadily increased . It is not certain how soon they acquired the right to litigate in person on their own behalf, but their See also:possession of this right seems to be implied in the XII: Tables, and may have been granted them at an earlier date . At any See also:rate after 449 B.C. there were no disabilities in private law involved in their status . The relation of patron and client, it is true, still remained; the patron could still exact from his client respect, obedience and service, and he and his gens had still an eventual right of See also:succession to a deceased client's See also:estate . But the fiduciary duties of the patron were greatly relaxed, and practically little more was expected of him than that he should continue to give his client his See also:advice, and prevent him falling into a condition of indigence; sacer esto ceased to be the penalty of protection denied or withheld, its application being limited to fraus facia, which in the See also:language of the Tables meant See also:positive injury inflicted or damage done . So matters remained during the 4th, 3rd and 2nd centuries . In the 2nd and 1st a variety of events contributed still further to modify the relationship . The rapacity of patrons was checked by the lex Cincia (passed by M . Cincius Alimentus, See also:tribune in 204 B.C.), which prohibited their taking gifts of See also:money from their clients; marriages between patron and client gradually ceased to be regarded as unlawful, or as ineffectual to secure to the issue the status of the patron See also:father .

Phoenix-squares

At the same time the remaining political disabilities of the clients were removed by their enrolment in all the tribes instead of only the four See also:

city tribes, and their See also:admission to the magistracy and the See also:senate . Heredisary clientage ceased when a client attained to a See also:curule dignity; and in the See also:case of the descendants of freedmen enfranchised in See also:solemn forms it came to be limited to the first See also:generation . Gradually but steadily one feature after another of the old institution disappeared, till by the end of the 1st century it had resolved itself into the limited relationship between patron and freedman on the one See also:hand, and the unlimited honorary relationship between the patron who gave gratuitous advice on questions of law and those who came to consult him on the other . To have a .large following of clients of this class was a See also:matter of ambition to every man of See also:mark in the end of the See also:republic; it increased his importance, and ensured him a See also:band of zealous agents in his political schemes . But amid the rivalries of parties and with the venality of the See also:lower orders, baser methods had to be resorted to in order to maintain a patron's influence; the favour and support of his clients had to be See also:purchased with some-thing more substantial than See also:mere advice . And so arose that wretched and degrading clientage of the early See also:empire, of which See also:Martial, who was not ashamed to confess himself a first-rate specimen of the breed, has given us such graphic descriptions; gatherings of idlers, sycophants and spendthrifts, at the levees and public appearances of those whom, in their fawning servility, they addressed as lords and masters, but whom they abused behind their backs as See also:close-fisted upstarts—and all for the See also:sake of the sportula, the daily See also:dole of a See also:dinner, or of a few pence wherewith to procure one . With the See also:middle empire this disappeared; and when a reference to patron and client occurs in later times it is in the sense of counsel and client, the words patron and See also:advocate being used almost synonymously . It was not so in the days of the great forensic orators . The word advocate, it is said, occurs only once in the singular in the pages of See also:Cicero . But at a later period, when the See also:bar had become a profession, and the qualifications, admission, See also:numbers and fees of counsel had become a matter of state regulation, advocati was the word usually employed to designate the pleaders as a class of professional men, each individual advocate, however, being still spoken of as patron in reference to the litigant with whose See also:interest he was entrusted . It is in this limited connexion that patron and client come under our See also:notice in the latest monuments of Roman law . See also:Die romische Clientel," See also:Ram .

Forschungen, i . 355 (See also:

Berlin, 1864) ; M . Voigt, " Ueber die Clientel and Libertinitat," in See also:Bee. d. phil. histor . Classe d. konigl. sacks . Gesellsch. d . Wissenschaften (1878, pp . 147—219) ; J . See also:Marquardt, Privatleben d . Romer, pp . 196—200 (See also:Leipzig, 1879); M . Voigt, Die XII . Tafeln., ii .

667—679 (Leipzig, 1883) . Earlier literature is noted in P . See also:

Willems, Le See also:Droit public r >na.2in, 4th ed., p . 26 (See also:Louvain, 1880) . On the clientage of the earlyempire see W . A . See also:Becker, See also:Gallus, vol. ii., Excursus 4 (See also:London, 1849); L . Friedlander, Sittengeschichte Roms, i . 2oo-212 (Leipzig, 1901) ; Marquardt, op. cit. pp . 200-208 . On the latest clientage, see T . Grellet-Dumazeau, Le Barreau romain (See also:Paris, 1858) .

(j . M.*; A . M .

End of Article: PATRON AND CLIENT (Lat. patronus, from pater, father; clientes or cluentes, from cluere, to obey)
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