Abstract

In the early medieval west, patronate, as adapted from Roman law, was a fundamental category in determining the legal status of freedmen. In many cases it entailed a basic set of obligations. In an increasing number of situations, however, the patron became an ecclesiastical institution, since slaves and freed persons were often given to churches and monasteries. As ecclesiastical institutions regarded their patronal rights over freed persons as part of inalienable church property, the patronal relationship became permanent and inheritable. In Eastern Francia (the Rhineland and beyond) this transformed ecclesiastical freedmen into religiously defined social groups with potentially distinct aims, religious tasks, and organizational structures, and a shared notion of freedom. From the Carolingian period onward, it even became attractive to enter voluntarily into this status. It is argued here that with its underlying network of socio‐religious relations, patronate over ecclesiastical freedmen and censuales can be better understood when considered as an element of a ‘temple society’.

Highlights

  • In the early medieval west, patronate, as adapted from Roman law, was a fundamental category in determining the legal status of freedmen

  • In an increasing number of situations, the patron became an ecclesiastical institution, since slaves and freed persons were often given to churches and monasteries

  • As ecclesiastical institutions regarded their patronal rights over freed persons as part of inalienable church property, the patronal relationship became permanent and inheritable

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Summary

Manumission as a religiously motivated act in the post-Roman west

Inscriptions offer the first attestations to religiously motivated manumissions in ancient Rome. In his testament of 739,27 patricius Abbo of Provence ‘donated’ a large number of freedmen, many of whom he referenced by name,[28] to the monastery of St Peter in Novalesa he had founded some years before.[29] Some liberti are mentioned along with servi, mancipia, coloni, and others as attached to individual pieces of property (colonicae) which some of them held as benefice (in benefitio) sub nomen libertinitatis.[30] Given the number of freedmen and the prominence of patrocinium over them, it is no surprise to find some sort of general statute on the status of the freed persons at Novalesa This statute emphasized the obligation of all liberti to show obedience to his heir, their new patron St Peter, and to pay to the monastery the dues (impensio) they had formerly lawfully (iuxta legis ordine) paid to Abbo’s parents and him. It could differ if a payment were given on the manumitter’s commemorative day or on the saint’s feast day.[38]

Ius patronatus as a legal concept defining a status of ‘limited freedom’
49 Appendix to the Cartae Senonicae
Inalienable property and immortal patrons
Further changes before and after the year 1000
Conclusion
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