Patronus
"Our father", either the ruler, Ceasar, president, king, potentate or executive that exercises authority over his people, his nation, his citizens and nationals (a substitute family), or the eldest father or patriarch of a natural family that serves his family and his neighbors in faith, hope and charity.
- PATRONUS, Roman civil law. This word is a modification of the, Latin word pater, father; a denomination applied by Romulus to the first, senators of Rome. Romulus at first appointed a hundred of them.
The people, called lebeians, were obliged to choose one of these fathers as his patron. The relation thus constituted involved important consequences. The plebeian, called client(cliens), was obliged to furnish the means of maintenance to his chosen patron. The patron, on the other hand, was, obliged to watch over the interests of his client, whether present or absent to protect his person and property, and especially to defend him in all, actions brought against him for any cause.
The contract was of a sacred nature, and evolved over time. According to Cicero this relation formed an integral part of the governmental system.
Blackstone traces the system of vassalage to this. ancient relation of patron and client.
It was the forerunner of the feudal system of the middle ages and based on the law of the father. All the rights and power of the patron came from the natural father and formulated the bases of the power of the state.
Bouvier's Law Dictionary
1856 Edition
PATERNAL POWER. Patria potestas, The, authority lawfully exercised by parents, over their children. It will be proper to consider, 1. Who are entitled to exercise this power. 2. Who are subject to it. 3. The extent of this power.
2. - 1. As a general rule the father is entitled to exert the paternal power over his children. But for certain reasons, when the father acts improperly, and against the interest of those over whom nature and the law have given him authority, he loses his power over them. It being a rule that whenever the good of the child requires it, the courts will deliver the custody of the children to others than the father. And numerous instances may be found where, for good reasons, the custody will be given to the mother.
3. The father of a bastard child has no control over him; the mother has the right to the custody and control of such child. 2 Mass. 109; 12 Mass. 887.
4. - 2. All persous are subject to this power until they arrive at the full age of twenty-one years. A father may, however, to, a certain extent, deprive himself of this unlimited paternal power, first, by delegating it to others, as when he binds his son an apprentice; and, secondly, when he abandons his children, and permits them to act for themselves. 2 Verm. Cas. 290; 2 Watts, 408 4 S. & R. 207; 4 Mass. 675.
5. - 3. The principle upon which the law is, founded as to the extent of paternal power is, that it be exerted for the benefit of the child. The child is subject to the lawful commands of the father to attend to his business, because by being so subjected he acquires that discipline and the practice of attending to business, which will be useful to him in after life. He is liable to proper correction for the same reason. 1 Bouv. Inst. n. 326-33. See Correction; Father; Mother; Parent.
Originally at natural law the patria potestas enjoyed by the father in ancient Rome, “whose law held children to be the property of the father, and placed them in relation to him in the category of things instead of that of persons.” The state has often competed for this power to its own benefit. We see that when the duties of the patria potestas is invested in a ruling class who is elected by the voice of the people, as we see the people of Israel were warned in 1 Samuel 8 that if they create a government where there is a ruling authority that they will take your sons and daughter and much much more, and so they do as the patria potestas is vested in the State as the father of the people.
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Pater Patriae |
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