La familia en Roma — Transcript
Full transcript
- 0:05Welcome. Today we are going to talk
- 0:07about the family in
- 0:08Rome.
- 0:15Rome was originally based on the
- 0:18gentile community and the tribes that
- 0:21had been formed. However, as this
- 0:23society evolved, the family became the
- 0:27most important social organization. And
- 0:30what did Rome understand by a family?
- 0:34For the Romans, a family was made up of
- 0:37all those people who lived within the
- 0:40house of the pater familias. Here, the
- 0:44important thing was not the blood
- 0:47relationship, nor were the bonds of
- 0:49love; here, the determining factor was
- 0:52living under the roof of the Pater
- 0:55Familias. That is why we speak of the
- 0:58damus, the house of the pater familias.
- 1:01Those who formed part of the house of
- 1:03the pater familias were his family. The
- 1:07family of Rome was characterized by
- 1:09being patriarchal and monogamous. What
- 1:11does it mean to say that it was a
- 1:13patriarchal family? It meant that the
- 1:15highest authority was exercised by the
- 1:17PER familias. The wife of the PER
- 1:20Familias was not at his level within
- 1:23the power structure. The wife was at
- 1:26the level of the children. Here, the
- 1:28only authority recognized is that of
- 1:31the Pater familias. Now, why is it a
- 1:34monogamous family? It is a monogamous
- 1:38family because in Rome only marriage to
- 1:41a woman was recognized. If the pater
- 1:44familias were to contract a new
- 1:46marriage, it is understood that the
- 1:48previous one had been dissolved.
- 1:51Therefore, what existed was monogamy
- 1:54and not polygamy. Another element to
- 1:58consider when the moment of celebrating
- 2:01the marriage arose is who was going to
- 2:04give consent to contract the marriage.
- 2:08Consent was given by the pater familias
- 2:12. If there was a man or a young lady
- 2:15who belonged to a family, well, the one
- 2:17who would have to express consent for
- 2:20the marriage to take place would be the
- 2:22pater familias on whom they depended.
- 2:25Another element to consider is that
- 2:28under Roman law, only people who
- 2:31belonged to the same social class could
- 2:34get married. Within this family, the
- 2:42pater familias who represented the
- 2:45highest authority was the one who was
- 2:47constituted as suyuris. The head of the
- 2:50family was the suyuris. What does it
- 2:53mean to be suyuris? It means that he is
- 2:55the subject of full rights. He is the
- 2:58only one who has the capacity to enjoy
- 3:00and the capacity to exercise it.
- 3:02Therefore, all the people who depend on
- 3:05him will not be his yuris. All the
- 3:08others are known as alien yuris. And
- 3:11who are alien yuris? Those who depend
- 3:14on the pater familias who will
- 3:16consequently not have the capacity to
- 3:18exercise it. For example, speaking of a
- 3:21real right, that of property, the only
- 3:24one who can have property is the pater
- 3:26familias because he is the suyuris; the
- 3:29children, the wife and all the others
- 3:31who make up the family, that is, all
- 3:34those who live in that house, will not
- 3:36be able to have property. Why? Because
- 3:39they do not have the capacity to
- 3:42exercise it and therefore cannot obtain
- 3:45property. Only the pater familias is
- 3:49the one who has the faculty, the
- 3:52capacity to be an owner. Those are the
- 3:55differences between the members of the
- 3:57family. Only the head of the family and
- 4:00suyuris and the others will be alieni
- 4:03yuris.
- 4:10Within this family, measurements can be
- 4:12made. For this, the degrees and lines
- 4:15of kinship are considered. Let's
- 4:19consider, there is a pater familias who
- 4:21has had a son. This son has fathered a
- 4:24grandson and the grandson has fathered
- 4:25a great-grandson. What do we have here?
- 4:28A line of kinship. This line of kinship
- 4:32was formed by uniting descendants with
- 4:36ancestors. If this pater familias had
- 4:39had another son, then we would have
- 4:42another line. Here there would be two
- 4:45lines, one next to the other. We would
- 4:48have collateral lines of kinship, there
- 4:51would be collateral relatives. Now,
- 4:55this is related to lines, but within
- 4:58each line we can talk about degrees.
- 5:02And what are degrees? Degrees are the
- 5:05leaps that can occur from one
- 5:07generation to another. For example,
- 5:10what degree of kinship is there between
- 5:12these two people, between the son and
- 5:14the grandson? As in to go from the
- 5:17generation of the grandson to the
- 5:18generation of the son, all you have to
- 5:20do is take a leap. They will turn out
- 5:23to be first-degree relatives. That
- 5:26kinship can also be established, for
- 5:28example, from this great-grandson to
- 5:30the pater familias. And what do we need
- 5:32to do to find out what degree of
- 5:34kinship this relationship corresponds
- 5:36to? Well, let's make the jumps. From
- 5:38the great-grandson to the grandson
- 5:39there is one jump. From the grandson to
- 5:41the son there are two jumps. And from
- 5:43the son to the pater familias there are
- 5:45three jumps. Therefore, the
- 5:47relationship between this
- 5:49great-grandson and the pater familias
- 5:52is third degree. In the same way,
- 5:55measurements can be made with
- 5:57collateral relatives. For example, this
- 6:00grandson, relative, what degree is he?
- 6:03The grandson is here in the collateral
- 6:06line. To do that, we have to go up to
- 6:09the ancestor they have in common and
- 6:11then go down. And we keep counting the
- 6:14jumps. From the grandson to the son,
- 6:16one jump. From the son to the pater
- 6:18familias, two jumps. From the pater
- 6:21familias to the son, three jumps. And
- 6:24from the son to the grandson, four
- 6:25jumps. So, it means that the
- 6:28relationship between these two
- 6:30grandchildren who are in collateral
- 6:33relationship is fourth degree. It is
- 6:37important to measure the degrees of
- 6:40kinship because based on this, the
- 6:43rights that can be acquired within this
- 6:46social organization can be established.
- 6:55Something that must be remembered is
- 6:57that Roman law was characterized by
- 6:58being divided into the yus civil and
- 7:00the yus honorarium. The definition of
- 7:03family will be different in one or the
- 7:06other. The first law that existed is
- 7:09the Ucibile. And in the context of the
- 7:13Yusvivile, the agnatic family will be
- 7:18considered. Who makes up an agnatic
- 7:22family? An agnatic family is made up of
- 7:26all the people who depend on the pater
- 7:28familias. Here, the blood ties that may
- 7:32exist between the members do not matter
- 7:36. Here, the determining factor is the
- 7:38power relationship. The pater familias
- 7:42exercises power and all those who are
- 7:44subject to that power, whether or not
- 7:46they are blood relatives, will make up
- 7:49his family. The agnatic family takes
- 7:52that power relationship as an important
- 7:55element. Now, as time went by, Rome
- 7:58expanded and it became necessary to
- 8:01consider the family that was growing
- 8:04outside the city of Rome. The
- 8:07magistrates created the concept of the
- 8:11cognatic family. In the Yusonorarium
- 8:15the concept was that of the cognatic
- 8:18family. Who were the members of the
- 8:21cognatic family? The cognatic family
- 8:24was made up of all those people who had
- 8:28blood ties. So, this cognatic family is
- 8:32the one that most resembles the family
- 8:34that we work with today in our law,
- 8:37because in our family we are including
- 8:40all those people who have a blood
- 8:42relationship with us. The cognatic
- 8:45family is based on blood ties, while
- 8:48the agnatic family is based on power
- 8:51relationships. Now we are talking about
- 9:06the power of the
- 9:08father. The
- 9:12pater familias has power over all those
- 9:16who depend on him, even if they are not
- 9:19his children. This power that the pater
- 9:24familias has, over all those who depend
- 9:27on him, is known as patria potestas.
- 9:31Paternal authority is the power that
- 9:33the pater familia has over all those
- 9:36who depend on him. Now, what factors
- 9:40determine whether this paternal
- 9:44authority can arise? Paternal authority
- 9:50will arise first through birth. Birth
- 9:54gives rise to the power of the Father
- 9:57over those who depend on him, for
- 10:00example, his children. So, at the
- 10:03moment of the birth of the child, the
- 10:06power of the father over that child is
- 10:08born. Paternal authority is born.
- 10:12Obviously, this element anticipates
- 10:14what can allow the extinction of
- 10:17paternal authority. Paternal authority
- 10:20will be extinguished if that child dies
- 10:23or if the paer familias is the one who
- 10:25dies. What other reasons can lead to
- 10:28the emergence of this power of the
- 10:30father? When adoption occurs, the power
- 10:34of the father over the child he adopts
- 10:37also arises. When adrogatio occurs, the
- 10:41power of the father over the one who
- 10:43has submitted to him is also born. We
- 10:46will discuss the concept of adoption
- 10:49and arrogatio later. There is also the
- 10:53power of the father over his wife or
- 10:57over the wives of his children. So,
- 11:00when a woman contracts marriage, she
- 11:04submits to her husband and her husband
- 11:08thus creates a power over her. This
- 11:11power was known as patria potestas.
- 11:17What could cause someone to leave the
- 11:19patria potestas? As we have said before
- 11:21, someone leaves the patria potestas
- 11:23because he has died in his capacity as
- 11:25a son or because the pater familias has
- 11:27died. Patria potestas is also
- 11:30extinguished if a son separates from
- 11:33the family to join some religious
- 11:36activity. Patria potestas is also
- 11:39extinguished if a son is sold by his
- 11:42father three times in a row. Why?
- 11:45Because this results in the
- 11:47emancipation of the son. The son has
- 11:50submitted to emancipation three times
- 11:55and that results in his emancipation.
- 11:59The son has left the power of the
- 12:01father. Over time, parental authority
- 12:09was separated from the power that the
- 12:12husband has over his wife or the power
- 12:15that the pater familia has over the
- 12:18wives of his children. This power was
- 12:22known as Manus. So, when a woman got
- 12:25married, she submitted to the power of
- 12:28her husband or that of her husband's
- 12:31father. And this power is no longer
- 12:34called parental authority, but is known
- 12:37as Manus. Some women got married but
- 12:41did not submit to the power. They
- 12:44remained under the power of their
- 12:46biological father. In these cases,
- 12:48these were situations where women came
- 12:51from economically well-off families and
- 12:55therefore maintained their status with
- 12:58their family of origin. But in general,
- 13:01women submitted to the power of their
- 13:04husband or that of their husband's
- 13:06father. Now, let's talk about adoption
- 13:19and adrogati. First, about adoption. In
- 13:24adoption, what happens in adoption? We
- 13:27have a biological father. That father
- 13:31has decided to enter into a
- 13:33relationship with another pater
- 13:35familias. And in that relationship, the
- 13:39biological father decides to give his
- 13:42child up for adoption. When he decides
- 13:45to give his child up for adoption, he
- 13:48is extinguishing the parental authority
- 13:50that he has over his biological child.
- 13:54And from that moment on, the pater
- 13:56familias will be the one who will have
- 13:59power over that child. So, what does
- 14:02that show us? It shows us that the
- 14:05child who was an alien yuris ceases to
- 14:08be under the parental authority of his
- 14:10biological father and is now under the
- 14:13parental authority of his adoptive
- 14:15father. He is still an alien yuris. Now
- 14:20, what happens in the adrogatio? In the
- 14:24drogatio what we have is a full citizen
- 14:27, a suiuris. But this suyuris, due to
- 14:31his advanced age, considers that he can
- 14:34no longer be responsible for the
- 14:36administration of his assets. He
- 14:38believes that it is convenient to
- 14:40submit to the power of a pater familias
- 14:43and so he enters into a relationship
- 14:45with a pater familias in which he
- 14:47expresses his willingness to submit to
- 14:49his power. In order for this pater
- 14:53familias to submit to another pater
- 14:55familias, he will need to have the
- 14:59consent of the pontiff. Why? Because as
- 15:03we have said, the Romans were
- 15:05polytheists. Each family had its own
- 15:07gods. When this pater familias decides
- 15:10to submit to the power of another pater
- 15:13familias, what he is saying is, "I am
- 15:15renouncing the gods of my family in
- 15:17order to submit to the family of this
- 15:20pater familias and consequently worship
- 15:22the gods of that family." Therefore, he
- 15:26has to have the approval of the pontiff
- 15:31. In that sense, then this gentleman
- 15:36who is a suyuris will become an alien
- 15:39yuris as a consequence of the adrogatio
- 15:44. In this context, we can make a
- 15:48comparison of what happens when a woman
- 15:51marries with the concepts of arrogatio
- 15:54and adoption. First, here we have a
- 15:57woman who lives under the authority of
- 16:00her father, the pater familias. So, it
- 16:04turns out that in order for the
- 16:06marriage to take place, the one who
- 16:08will have to give authorization, the
- 16:10one who will have to issue consent is
- 16:12the pater familias. And the pater
- 16:15familias of the family to which the
- 16:18fiancé belongs will also be the one
- 16:21who gives consent. This is an agreement
- 16:24that will be made between the pater
- 16:25familias. The children will not give
- 16:27their consent. The fiancés themselves
- 16:30will not be the ones to express their
- 16:32consent to get married. This is an
- 16:34agreement between heads of households.
- 16:38Well, in that context, this woman who
- 16:41is getting married will no longer be
- 16:44under the power of her biological
- 16:47father and will now be subject to the
- 16:49power of her husband or her husband's
- 16:52father. Now, what happened in the
- 16:56adoption? Something similar happened,
- 16:58right? The biological father gave his
- 17:01child up for adoption. The child was an
- 17:04alien yuris. He was subject to the
- 17:06power of his biological father and now
- 17:09he is subject to the power of the
- 17:11adoptive father. What do we have in
- 17:14this comparison? What we have is that
- 17:17in both cases the situation is the same
- 17:19. Two subjects, Alien and Yuris, change
- 17:23, replacing the one who exercises power
- 17:27over them in order to now always be
- 17:31subject, but now under the power of
- 17:34another pater familias. The marriage of
- 17:38an alien yuris woman is very similar to
- 17:41what happens with adoption. Now let's
- 17:46consider a woman who no longer lives
- 17:48under the power of her father because
- 17:51he has died, therefore, she is not
- 17:53subject to any power. She is today a
- 17:56suyuris and is going to get married. In
- 18:01this case, she will be the one who
- 18:03gives her consent to get married, but
- 18:06now this is similar to what happened
- 18:09with the adrogatio. The adrogatio was
- 18:13also a suiuris who was willing to
- 18:15submit to the power of a pater familias
- 18:19. What do we have here? The marriage of
- 18:22a suyuris woman is very similar to the
- 18:24adrogatio. In both cases we are dealing
- 18:28with subjects who are suiuris and who
- 18:30by their own disposition decide to
- 18:33submit to the power of a pater familias
- 18:36, that is, they leave the quality of
- 18:38suyuris to take it on that of alieni
- 18:41yuris.
- 18:50Something important to discuss in this
- 18:52context is
- 18:53guardianship and curatorship.
- 18:57Guardianship and
- 18:58curatorship have to do with the age of
- 19:00the children. As we have said, the
- 19:03pater familias has power over his
- 19:05children. That power over his children
- 19:08makes them alien yuris. The only way
- 19:11for them to leave the father's power
- 19:14and become his yuri would be through
- 19:17the father's death. Now, is it true
- 19:21that whenever the father dies, they
- 19:23always become suyuris? Or will they
- 19:27need to undergo some treatment? And
- 19:31this will depend on the age at which
- 19:33they find themselves. There are two key
- 19:36moments for Roman law. One is puberty
- 19:40and the other is age 25. Puberty is
- 19:46reached for girls at age 12 and for
- 19:49boys at age 14. So, in that context,
- 19:53what happens? In that context, if at
- 20:02the death of the pater familias the
- 20:05children have not reached puberty,
- 20:09guardianship will be needed. What is
- 20:14needed is a guardian who will be in
- 20:16charge of what? Who will be in charge
- 20:20of taking care of these children who
- 20:23have not reached puberty to ensure that
- 20:26they survive, but who will also have
- 20:29the role of administering the assets
- 20:32that the pater familias left them at
- 20:35the time. Now, what happens if these
- 20:39children have already passed puberty,
- 20:42but have not reached 25 years of age.
- 20:46If that is what happens, then in the
- 20:50context of Rome it is believed that
- 20:53once they have reached puberty and are
- 20:56in a condition to reproduce, then they
- 20:59can take care of themselves, but they
- 21:03probably do not yet have enough
- 21:05experience to administer their assets.
- 21:10Therefore, Roman law will say that what
- 21:13is needed for them is no longer a
- 21:16guardian, but a curator. The
- 21:19institution of curatorship will be
- 21:21important here, where the curator, what
- 21:23functions will he or she have? The
- 21:26curator will have the function of
- 21:29administering the assets of someone who
- 21:32has not yet reached 25 years of age. We
- 21:36realize the difference between a
- 21:38guardian and a curator. The guardian
- 21:41has two areas in which he must work. He
- 21:45must take care of the child to ensure
- 21:48that he preserves his life and on the
- 21:51other hand he must administer the
- 21:53child's assets. Meanwhile, the curator
- 21:57no longer has to worry about preserving
- 22:00the child's life, but only about
- 22:03administering his assets. In that case,
- 22:07a curator would be needed. Now, what
- 22:10happens if he reaches the age of 25? If
- 22:14he has passed the age of 25, he is
- 22:17already an adult. The Romans defined 25
- 22:20as the limit that allows one to reach
- 22:23the age of majority. And this is based
- 22:26on the fact that the Romans considered
- 22:28how many years one could live, they
- 22:30said, "We can probably live 100." Of
- 22:32those 100, what is a quarter? 25. So,
- 22:34all those who have not yet reached the
- 22:37age of 25 will be minors. 25 years is
- 22:40the limit to define the age of majority
- 22:43in Roman law. If the person has reached
- 22:47the age of 25, he is already an adult
- 22:49and therefore that suyuris no longer
- 22:52needs either a guardian or a curator.
- 22:55He will be able to take care of himself
- 22:58and preserve his life, as well as
- 23:00administer his assets. Now, there are
- 23:03some occasions in which, despite having
- 23:06reached the age of 25, he will still
- 23:09need a guardian. And when is it
- 23:12necessary to have a guardian? There are
- 23:16two main cases. One, when it comes to
- 23:19prodigal sons. Who is a prodigal son? A
- 23:23prodigal son is someone who cannot
- 23:26administer an estate. He is someone who
- 23:30, due to his behavior oriented towards
- 23:33gambling and waste, is likely to
- 23:35squander the estate and consequently
- 23:38will soon be left with nothing. The
- 23:43Romans considered this son who has
- 23:45these characteristics the prodigal son
- 23:47and therefore he must continue to be
- 23:50given that support in the
- 23:51administration of the estate. He will
- 23:55still need to have a guardian. Now,
- 23:59there are other cases. The case of the
- 24:02madman, of the person who has mental
- 24:05problems, this person also does not
- 24:08have the capacity to discern properly
- 24:10to administer his estate. Consequently,
- 24:14it is necessary for him to have a
- 24:17guardian. Another element to consider
- 24:22is that according to Roman law,
- 24:25especially in the ancient part, it was
- 24:28considered that women could not be
- 24:32without guardianship. In other words,
- 24:35women would always be under someone's
- 24:37power. If their father had died, they
- 24:39would have a guardian. If they were
- 24:42already married, they would then be
- 24:44subject to the power of their husband
- 24:46or their husband's father. And if their
- 24:50husband or their husband's father and
- 24:53their husband died, then under those
- 24:55circumstances they would also have to
- 24:58have a guardian. For women, in ancient
- 25:03times, guardianship was a perpetual
- 25:07institution; it would never achieve
- 25:11autonomy. This would change as the
- 25:16empire progressed. Now, we can identify
- 25:22three types of guardianships or
- 25:25curatorships. What is the first type?
- 25:30The testamentary type is called
- 25:32testamentary because either the
- 25:35guardianship or curatorship would be
- 25:37determined by the pater familias in his
- 25:40will. When he makes a will, the pater
- 25:44familias states who he entrusts with
- 25:47the office of guardian or curator for
- 25:51his children or for his wife. Now, what
- 25:55happens if the pater familias does not
- 25:58execute a will? Or, if he executes a
- 26:01will, it is ineffective because it does
- 26:03not comply with some formality. Under
- 26:07these circumstances, then there is no
- 26:10testamentary guardianship and we will
- 26:13have to consider the second type,
- 26:15legitimate guardianship or curatorship.
- 26:20What legitimate guardianship or
- 26:22curatorship implies is that since the
- 26:24will of the pater familias has not been
- 26:26expressed in the will, it will be
- 26:28necessary to go to the law and review
- 26:31the regulations to see who, according
- 26:33to the law, corresponds to be the
- 26:35guardian or curator. In this case, what
- 26:39is considered is the legal provision,
- 26:42not the will of the pater familias.
- 26:46However, there is the possibility that
- 26:49the person who has been identified in
- 26:52the law to take charge of the
- 26:54guardianship or curatorship does not
- 26:57exist or cannot become your guardian.
- 27:01And under these circumstances, the
- 27:03third type will arise, which is the
- 27:05dative type. When does the dative type
- 27:08occur? The dative type occurs when
- 27:10there is no testamentary guardianship
- 27:12or curatorship. When the person
- 27:15designated by law to fulfill these
- 27:18duties is unable or incapable of doing
- 27:22so or does not exist, then it will be
- 27:25the magistrate who defines which Roman
- 27:29citizen will be assigned the office of
- 27:33guardian or
- 27:34curator.
- 27:41Now let's talk about slaves. Treating
- 27:45slaves within the context of the Roman
- 27:48family does not imply that we are
- 27:51considering them as part of it. We
- 27:54simply have to remember that within
- 27:57Roman law, slaves were considered as
- 28:01tools that could speak, talking animals
- 28:04, that is, they were treated as things,
- 28:08not as people. However, we are going to
- 28:12refer to them because since they could
- 28:15be declared free, they could come to
- 28:18have the status of people and
- 28:21consequently be integrated into the
- 28:24concept of the family. First, we must
- 28:28consider what the sources of slavery
- 28:31were. The most important source of
- 28:34slavery was war captivity. The Romans
- 28:38waged war on a people, defeated them
- 28:41militarily, and what they did was
- 28:44captivate, what they did was take as
- 28:47prisoners the inhabitants of that
- 28:50defeated people. That is, they enslaved
- 28:54the peoples they were dominating
- 28:58militarily. War captivity was the most
- 29:03important source of slaves during the
- 29:08Roman era. Now, there were other
- 29:12important sources as well. The second
- 29:17source was those born to slave mothers.
- 29:22Being born to a slave mother forced the
- 29:25child to be a slave. Here, what
- 29:28mattered was what happened on the
- 29:30mother's side, not what happened on the
- 29:32father's side. Being the son of a slave
- 29:35mother determined that the child would
- 29:39be a slave. Now, there was the
- 29:42possibility that the father had not
- 29:44been a slave, or that he had been a
- 29:46Roman citizen. And this father, his
- 29:50Yuris, comes and recognizes the son he
- 29:53had with the slave as his own son, then
- 29:56yes, he will have Roman citizenship and
- 29:59therefore will be a person, but insofar
- 30:02as he is considered a slave. The third
- 30:07cause that can occur is due to the
- 30:09fulfillment of a sentence. For example,
- 30:13when we were talking about the judicial
- 30:16process in Rome, we pointed out that
- 30:18one way to enforce the sentence was
- 30:21through physical apprehension: this
- 30:24consisted of taking the debtor home and
- 30:27taking him out for a walk three times
- 30:30during a 60-day period. If someone took
- 30:33pity on him and paid the debt for him,
- 30:35then he was set free. But if no one
- 30:38took pity, then the creditor had the
- 30:42option of enslaving him, banishing him,
- 30:46or even killing him. So there we have a
- 30:50source of slavery as well. Now, there
- 30:56were other people who were not slaves
- 30:59but were treated as such, who were
- 31:03referred to as comparable to slaves.
- 31:06Among them are abandoned children.
- 31:10Those children who are found on the
- 31:12streets of Rome and who are taken in by
- 31:15a patter familias are going to be
- 31:17treated as slaves. But they are not
- 31:20slaves, they are only comparable to
- 31:22slaves. Why? Because they can be
- 31:25treated as slaves as long as they are
- 31:28children, but when they reach the age
- 31:30of majority, then they regain their
- 31:33freedom. Therefore, they are not slaves
- 31:36, they are merely equivalent. They
- 31:39become free upon reaching the age of
- 31:41majority. The same situation occurs
- 31:44with those people who have committed
- 31:47theft or robbery. These people can also
- 31:51be treated as equivalent to slaves. Why
- 31:55? Because as long as they fail to
- 31:58replace what they stole or robbed, they
- 32:02will be treated as slaves by the person
- 32:05who owns those goods. When they, as a
- 32:09result of their work, manage to replace
- 32:12the goods they stole or robbed, then
- 32:14they will regain their freedom. They
- 32:18are not slaves, they are merely treated
- 32:21as equivalent to slaves. And a third
- 32:25group occurs with children who are sold
- 32:27. If a pater familias sells his son,
- 32:31well, that son who is bought can be
- 32:33treated as a slave, but he is not a
- 32:35slave, he is merely equivalent. Why?
- 32:38Because when that son who has been sold
- 32:41reaches the age of majority, he has the
- 32:45status of citizen and therefore is no
- 32:48longer considered a
- 32:49slave.
- 32:55Manumission. Manumission is an act by
- 32:59which the master, the pater familias,
- 33:02will recognize the freedom of his slave
- 33:05and therefore will grant him the status
- 33:08of a person. How can manumission be
- 33:12achieved? There are basically three
- 33:15elements that must be considered in
- 33:18order for the master to express his
- 33:22will to want to set his slave free. One
- 33:27possibility is through a will. The will
- 33:31can include the manumission of slaves.
- 33:34This would imply that when the will
- 33:37takes effect, then those people, those
- 33:40who receive the inheritance and in
- 33:43which it is included that the slaves
- 33:46are manumissioned, will have to respect
- 33:49it and those slaves will be free and
- 33:52therefore treated as people. A second
- 33:56option is for the pater familias to
- 34:01appear before a magistrate and follow
- 34:05an extraordinary procedure in order to
- 34:10set his slave free. If he follows this
- 34:15judicial procedure, then he will be
- 34:18able to grant his slave freedom. He
- 34:22will achieve the manumission of his
- 34:24slave. And a third procedure is if the
- 34:28pater familias comes and goes directly
- 34:31to the magistrate responsible for the
- 34:34registry of citizens and requests that
- 34:37his slave be registered as a citizen.
- 34:41This is obviously done before a
- 34:43magistrate, a magistrate sensor, who is
- 34:46responsible for keeping this registry.
- 34:49And when the magistrate Sensor
- 34:51registers that slave as a citizen, then
- 34:54he is considered a manumitted person.
- 34:59These slaves who have been freed will
- 35:04form a social group known as the libert
- 35:08. What happens to these slaves who make
- 35:11up this social group? These slaves will
- 35:15continue to have an obligation after
- 35:19their manumission. And what is the
- 35:23obligation of those slaves who have
- 35:25been manumitted? If at any time the
- 35:29former master needs the help of those
- 35:33slaves, those who were slaves are
- 35:36obliged to have to serve the one who
- 35:40was their master at the time. That
- 35:44obligation is an obligation of an
- 35:47employer nature that the manumitted
- 35:51slaves have before the one who was
- 35:54their master. But if for those who were
- 35:59freed it represents an obligation for
- 36:02the master who granted the manumission
- 36:06it represents a right. Then this is the
- 36:10right of patronage. The right of
- 36:14patronage implies that when the master
- 36:16considers the assistance of the one who
- 36:18was his slave necessary, he has to ask
- 36:20for it. And the one who was a slave has
- 36:24the obligation to go and serve the one
- 36:26who was his master. So, here there is a
- 36:31right and an obligation. A right for
- 36:33the master and an obligation for the
- 36:36slave. These two elements must be
- 36:40considered in the issue of succession.
- 36:44What is going to happen with this
- 36:47obligation? This obligation that the
- 36:52slave has cannot be transmitted. That
- 36:59is to say, once the slave who has been
- 37:02freed dies, the obligation that he had
- 37:06before his master is extinguished. His
- 37:09children will no longer continue with
- 37:12that obligation. Whereas on the side of
- 37:15the one who was the master, on the side
- 37:18of law, this right is transferable. So
- 37:21the master can transmit this right to
- 37:25his children. The children, therefore,
- 37:29if at any time they need the assistance
- 37:31of the one who was a slave of their
- 37:33father, they can request it. And the
- 37:36one who was a slave is obliged to care
- 37:39for the children of the one who was his
- 37:41master. So, reiterating, the right of
- 37:47patronage can be transmitted and the
- 37:50obligation
- 37:53is not transferable.
- 38:07Thank you very much for your attention.
- 38:09Until next time.
- 38:12M.
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