Status in Roman legal system
From Wikipedia, the free encyclopedia
To describe a person's position in the legal system, Romans usually used the expression 'status'. The individual could have been a Roman citizen (status civitatis) unlike foreigners, or he could have been free (status libertatis) unlike slaves, or he could have had a certain position in a Roman family (status familiae) either as head of the family (pater familias), or as a lower member (filii familias).
Contents |
[edit] Status libertatis
The social and legal status of slaves in Roman state was different in different epochs. In time of old civil law (ius civile Quiritium) slavery had patriarchal shape (slave did the same job and lived under the same conditions as his master and family). After victorious wars, from third century BC, huge numbers of slaves came to Rome, and that resulted in slave trade and the hardest exploitation. From that time on a slave became only a thing (res)- servi pro nullis habentur.
[edit] Legal status
The legal state of slaves was based on the fact that the slave was not a subject but an object of law. A master had the right of ownership over the slave, he could sell him, give in pawn, kill him ( ius vitae ac necis), and if someone injured his slave a master could initiate legal proceedings and demand protection. The ownership over the slave was called dominica potestas, and not dominium like the ownership of objects and animals.
Based on Roman legal system, a slave did not have family. His sexual relationships with other slaves was not marriage (matrimonium), but a cohabitation (contubernium), without legal consequences.
Masters could also give over a certain amount of property (such as land, buildings), known as peculium, to a slave for management and use. A slave who managed such peculium could have legal affairs even with his master, although the master remained the owner of the peculium and could take it from the slave at any time.
[edit] Means of becoming a slave
The oldest means of becoming a slave was to be captured as an enemy in war. However, even a foreigner could become free again and even a Roman citizen could become a slave. Slavery was hereditary, and the child of a slave woman became a slave no matter who the father was. However, according to classical law, a child of a slave would became free (ingenuus), if mother was free, even for a short period of time, during the pregnancy.
There were a number of means by which a free man could become a slave in Roman society.
- According to Twelve tables:
- Æris confessi rebusque iure iudicatis XXX dies iusti sunto.
A person who admits to owing money or has been adjudged to owe money must be given 30 days to pay.
- Post deinde manus iniectio esto. In ius ducito. Ni iudicatum facit aut quis endo eo in iure vindicit, secum ducito, vincito aut nervo aut compedibus XV pondo, ne maiore aut si volet minore vincito. Si volet suo vivito, ni suo vivit, qui eum vinctum habebit, libras faris endo dies dato. Si volet, plus dato.
After that, the creditor can lay hands on him and haul him to court. If he does not satisfy the judgment and no one is surety for him, the creditor may take the defendant with him in stocks or chains...
- Also citizens involved in false presentation of slavery for benefit could become slaves. If a free man were sold as a slave, and after proving that he is free he shared proceeds from the sale with the party that sold him, a praetor could deprive him of his freedom (vindicatio in libertatem).
- Convicts (most of them sentenced to death), could become slaves and their property would belong to state.
- A female Roman citizen could became a slave (under senatus consultum Claudianum form 52) if she had "mutual living" (contubernium) with another man's slave despite the master's objection.
[edit] Termination of slave status
After punic wars, Rome started a mass exploitation of slaves. However, the development of industry, trade and other branches of economy, required skilled free workers that could even be interested in their jobs.
A slave could get free by the act of manumission, by which a master would release him from his authority. Manumissions were different in different epochs. The old civil law (ius civile Quiricium) recognized three kinds of manumissions:
- Manumissio censu, was done by master in time of Centuriate assembly. A master wishing to free his slave needed only to enter him in the censor's list as a citizen.
- Manumissio vindicta, was a liberation of slave by a fictitious plea for freedom (vindicatio in libertatem). It was done before magistrate when some citizen (adsertor libertatis) touched a slave by a stick (vindicta), and by right words said that the slave is a free man. If a master did not object to that claim (in iure cessio), a magistrate would validate the slave's freedom (addictio). This has been done in time of old civil law (ius civile Quiricium)
- Manumissio testamento, is a liberation of a slave by a will. In a will master usually said:"Stichus servus meus liber esto", and slave would be free and without patron.
- Manumissio testamento fideicommissaria, is when a master asks his succesor to release a slave. If that slave is made free, the man who released him became his patron.
- Manumissio inter amicos, was liberation of a slave by a statement in front of friends. Praetor protected these free slaves (by Lex Iunia Norbana, these people lived as free but died as slaves). This kind of manumission originated at the end of republic.
- Manumissio per epistulam, same as above, just done by statement in a letter.
- Manumissio per mensam, similar to above manumissions, this one was not as formal as manumissions in time of old civil law, but had the same value as praetoric manumissions. Manumissions of this kind originated in the time of empire.
- Manumissio in ecclesia, were manumissions made in time of Christian kings, in front of priest.
At the beginning of empire, because of too many manumissions, a legal limitations of manumissions were made. There limitations were done by two laws: Lex Fufia Caninia and Lex Aelia Sentia.
According to Roman law, slaves that were freed (libertinus, in regard to his master libertus) became Roman citizens, but they had much less rights than Roman citizens that were born free (ingenuus). Slave's former master now became his patron (patronus), and libertus still had obligations towards him (this was regulated by law). Libertus had to be obedient and respectful to his patron (obsequium et reverentia). Patron could punish disobedient libertus, at older times even kill him (ius vitae necisque), but later he could not, although, at some circumstances he could even ask the magistrate to turn libertus to slave once again (accusatio ingrati).
[edit] Status familiae
Status familiae is a legal status of individual in the family. Pater familias had the authority in the family (patria potestas), and everyone was subjected to him based on adgnatio (kinship only from father's side), and this had the impact in private law. We distinguish between alieni iuris (persons under patria potestas) and sui iuris (persons autonomous of patria potestas, and that could only be pater familias himself). Filius familias had ius suffragii and ius honorum, but in the area of private law he was restricted because of patria potestas.
[edit] Status civitatis
In Roman state, according to Roman civil law (ius civile), only Roman citizens had the full civil and political rights. In regard to status civitatis, in Roman state, there were cives, Latini and peregrini, and foreigners outside Roman state, there were externi, barbari and hostes.
