Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

880 PATRON US PECHUS.;
equal share (vh'ilis pars) with the children, whether citizens, but for the impediments thereto, canie
the freedman died testate or intestate; and a to their patroni as if they had been Roman citizens:
patrona ingenna, who had three children, enjoyed they had not however the testamenti factio. The
the same privilege. Before the Lex Papia, Patronae property of those, who on their manumission would
had:only the rights which the Twelve Tables gave have become Latini, but for the impediments thereto,
them; but this Lex put Ingenuae patronae who came to their patroni as if they had been Latini'
had two children, and Libertinae patronae who on this Gaius remarks that in this matter the
had three children, on the same footing with re.- legislator had not very clearly expressed his inspect to the Bonorum possessio contra tabulas and tentions. He had already made a similar remark
with respect to an adopted son, a -wife in mann, or as to a provision of the Lex Papia (iii. 47).
a nurus in manu filii, as the Edict had placed Pa- As to the other meanings of the word Patronus,
troni. The Lex did the samne for daughters of the see CLIENS and ORATOR.
Patronus who had three children. The Lex also The subject of the Patronatus is one of congave to a Patrona ingenue, but not to a Libertina, siderable importance towards a right understanding
wvho had three children, the same rights that it of many parts of the Roman polity. This imperfect
gave to a Patronus. outline may be filled up by referring to the followAccording to the old law, as the liberta was ing authorities. (Gaius, iii. 39-76: Ulpian, Frau.
in the legitima tutela of her patron, she could make tit. xxvii. xxix.; Dig. 37. tit. 14, 15; 38. tit. 1, 2,
no disposition of her property without his consent 3, &c.; the Index to Paulus, Sent. Recept.; and for
(patrono auctore). The Lex Papia freed a liberta Justinian's legislation, Inst. 3. tit. 8, &c.; Unter.
from this tutela, if she had four children, and she holzner, Ueber das patronatische Erbrecht, Zeitcould consequently then make a will without the scshr tt, v., and the article GENS, with the references
consent of her patronus, but the law provided that in Rein, Das RMsn. Privatrecht, p. 285, and in
the patronus should have an equal share with her Walter, Gesc/hicte des Roin. Rech/ts, pp. 507-51 6,
surviving children. and 684-689.) [G. L.]
In the case of a liberta dying intestate, the PAVIMENTUM. [Domus, p. 431, a; VLAE.]
Lex Papia gave no further rights to a Patrona, PAVONACEUM. [TEGULA.]
who had children (ibeeis lhonoratae) than she had PAUPE'RIE, ACTIO DE. [PAUPERIES.]
before; and therefore if there had been no capitis PAUPE'RIES was the legal term for mischief
diminutio of the Patrona or the Liberta, the Pa- done by an animal (quzadrzupes) contrary to the
trona inherited the property, even if she had no nature of the animal, as if a man's ox gored anchildren, to the exclusion of the children of the other man. Ill such cases, the law of the Twelve
liberta. If the liberta made a will, the Lex Papia Tables gave the injured person an action againlst
gave to the Patrona, who had the number of chil- the owner of the animal for the amount of tile
dren required by that law, the same rights which damage sustained. The owner was bound either
the Edict gave to the Patronus.contra tabulas li- to pay the full amount of damages or to give up
berti. The same Lex gave to the daughter of a the animal to the injured person (nouae dares).
patrona, who had a single child, the same rights Pauperies excluded the notion of Injuria; it is de.that the patronus had contra tabulas liberti. (Gaius, fined to be " danmnum sine illjuria facientis factumi,"
iii. 53; a passage which Unterholzner proposes to for an animal could not be said to have done a
correct, but on very insufficient grounds, Zeitsczlrwft, thing " injuria, quod sensu caret." The actio do
v. p. 45.) pauperie belonged to the class of Noxales Actionles.
The rules of law as to the succession of the According to the old law, if a bear got away fromi
Patronus to the property of Latini Liberti differed his master, he was not liable; because when the
in various respects from those that have been ex- animal got away, it ceased to be the master's proplained. Being viewed as a peculium, it had the perty. But the Aedile's edict declared that it
incidents of such property. It came to the extranei was not lawful to keep a dog, boar, wild boar,
heredes of the manumissor. but not to his exhere- bear, or lion, in any place which was a place of
dated children, in both which respects it differed public resort. If this rule was violated, and any
from the property of a Libertus who was a Civis damage was done by one of these beasts to a freeRomanus. If there were several patrons, it came man, the judex might condemn the owner in such
to them in proportion to their interests in the sum as he should think to be "bonum et aequum."
former slave, and it was consistent with this doc- If damage was done to any thing else, the judex
trine that the share of a deceased patronus should might condemn the owner in double the amount of
go to his heres. The Senatusconsultum Largianum, the damage. There might also be an actio de
which was passed in the time of Claudius, enacted pallperie in addition to the aedilitiae actiones. (Dig.
that the property of Latini should go first to those 9. tit. I; Inst. 4. tit. 9.) [G. L.]
-who had manumitted them, then to their liberi PAUSA'RII, was the name given to the priests
who were not expressly exheredated, according to of Isis at Rome, because they were accustomed in
proximity, and then according to the old law, to the processions in honour of Isis to make pauses
the heredes of the manumissor. The only effect (pausae) at certain chapels or places, called inssuof this Senatusconsultum was to prefer liberi, who siones, by the road's side, to sing hymns and perwere not expressly exheredated, to extranei heredes. form other sacred rites. (Orelli, Inser. n. 1885;
Accordingly, an emancipated son of the patronus, Spartiarl. lPeseen. Nig. 6, Caracall. 9; Salm. ad
who was praeteritus, and who could not claim the loe.)
Bonorum possessio of his father's property contra The portisculus, or commander of the rowers in
tabulas testamenti, had a claim to the property of a vessel, was sometimes called paucsarius (Sen. Fp.
a Latinus prior to the extranei heredes. 56), because the rowers began and ceased (pausa)
As to the Dediticii under the Lex Aelia Sentia, their strokes according to his commands. [PoILTISthere were two rules. The property of those who cULUS.]
on their manwmismion would have become Roman PECHUS (r6Xvs). [CUBITUS; MIENSURA.]