- Roman citizenship
Citizenship in the time of
Ancient Romewas a privileged status afforded to certain individuals with respect to laws, property, and governance.
It is hard to offer meaningful generalities across the entire Roman period, as the nature and availability of citizenship was affected by legislation, for example, the "
Lex Iulia". In the Roman Republicand later in the Roman Empire, people resident within the Roman state could roughly be divided into several classes:
* A Roman citizen (described below) enjoyed the full range of benefits that flowed from his status. A citizen could, under certain exceptional circumstances, be deprived of his citizenship.
* The native peoples who lived in territories conquered by Rome, citizens of Roman client states and Roman allies could be given a limited form of Roman citizenship such as the
Latin Right. This amounted essentially to a second-class citizenship within the Roman state. The Latin Right is the most widely known but there were many other of such rights.
* Women were a class apart whose status and rights in Roman society varied over time. They were, however, never accorded all the rights of citizens: they were not allowed to vote, or stand for civil or public office, although they did have the right to own property. They were, at least in theory, subject to the almost complete power of their
paterfamilias, in many legal areas having rights barely more than those of slaves. In Republican high society, the marriages were used to cement political alliances and controlled by the paterfamilias. The paterfamilias could even force his daughter to divorce and then remarry another person.
* Slaves were considered
propertyand had only certain very limited rights as granted by statute. They could essentially be sold, tortured, maimed, raped and killed at the whim of their owners. The killing of a slave was a matter of property rather than a crime against a human being. Despite this, a freed slave, a freedman, was granted a "form" of full Roman citizenship. [Fagan, Garrett G. (Lecturer/Professor) (2003). "History of Ancient Rome, "Lecture 38: Roman Slavery" [CD Lecture series] .] It was the exceptional feature of ancient Rome that all slaves freed by Roman owners automatically received a limited Roman citizenship.
Methods to obtain Roman citizenship
*Roman citizenship was granted automatically to every male child born in a legal marriage of a Roman citizen.
*Freed slaves were given a limited form of Roman citizenship; they were still obliged in some aspects to their former owner who automatically became their patron.
*The sons of freed slaves became full citizens.
*Auxilia were rewarded with Roman citizenship after their term of service. Their children also became citizens.
*Only Roman citizens could enlist in the
Roman Legion. However an enlisted Roman legionarywas deprived of many of his rights. He could not legally marry, and therefore all his children born during his military service were denied citizenship, unless and until he married their mother after his discharge.
*Some individuals received Roman citizenship as a reward for outstanding service to Rome.
*One could also buy citizenship, but at a very high price.
*People who were from the Latin states were gradually granted citizenship.
*Rome gradually granted citizenship to whole provinces; the third-century
Constitutio Antoninianagranted it to all free male inhabitants of the Empire.
The rights available to individual citizen of Rome varied over time, according to their place of origin, and their service to the state. They also varied under Roman law according to the classification of the individual within the state. Various legal classes were defined by the individual legal rights that they enjoyed. However, the possible rights available to citizens and non-citizens with whom Roman law addressed are:
*Jus Suffragiorum: The right to vote in the "Comitia Tributa" (Tribal assembly).
*Jus Honorum: The right to stand for civil or public office.
*Jus Commercii: The right to make
legalcontracts, and to hold property, as a Roman citizen. The "jus gentium" (see below) also granted right of contract and property to non-citizens, but these rights differed from the rights of the Roman citizen.
*Jus Gentium: The "
jus gentium", developed in the third century BC, was a legal recognition of the growing international scope of Roman affairs, and the need for Roman law to deal with situations between Roman citizens and foreign persons. The "jus gentium" was therefore a Roman legal codification of the widely accepted international lawof the time, and was based on highly developed commercial law of the Greek city-states and of other maritime powers. [cite web
url= http://www.bartleby.com/65/ro/Romanlaw.html | title= Roman Law | accessdate = 2007-07-28| format= HTML | work= The Columbia Encyclopedia, Sixth Edition. | publisher= New York: Columbia University Press | language= English ] The rights afforded by the "jus gentium" were considered to be held by all persons, regardless of citizenship.
*Jus Connubii: The right to have a lawful
marriagewith a Roman citizen, to have the legal rights of the paterfamiliasover the family, and to have the children of any such marriage be counted as Roman citizens.
*Jus Migrationis: The right to preserve one's level of citizenship upon relocation to a
polisof "comparable" status. For example, members of the "cives romani" (see below) maintained their full "civitas" when they migrated to a Roman colonywith full rights under the law: a "colonia civium Romanorum". "Latins" also had this right, and maintained their "jus Latii" if they relocated to a different Latin state or Latin colony ("Latina colonia"). This right did "not" preserve one's level of citizenship should one relocate to a colony of "lesser" legal status; full Roman citizens relocating to a "Latina colonia" were reduced to the level of the "jus Latii", and such a migration and reduction in status had to be a voluntary act.
*The right of immunity from some taxes and other legal obligations, especially local rules and regulations. [ [http://catholic-resources.org/Bible/Social_Aspects.htm Catholic Resources] ]
* The right to sue in the courts and the right to be sued.
* The right to have a legal trial (to appear before a proper court and to defend oneself).
* The right to appeal from the decisions of magistrates and to appeal the lower court decisions.
* A Roman citizen could not be
tortured or whipped, nor could he receive the death penalty, unless he was found guilty of treason.
*If accused of treason, a Roman citizen had the right to be tried in Rome, and even if sentenced to death, no Roman citizen could be sentenced to die at the cross. (Despite being found guilty of the same crime,
Paul of Tarsusand Simon Peter faced different fates. Paul was beheaded, while Peter, not being a Roman citizen, was whipped and then crucified.)
Roman citizenship was required in order to enlist in the Roman legions, but this was sometimes ignored.
Classes of citizenship
The legal classes varied over time, however the following classes of legal status existed at various times within the Roman state:
The "Cives Romani" were full Roman citizens, who enjoyed full legal protection under Roman law. "Cives Romani" were sub-divided into two classes: The "non optimo jure" who held the rights of "jus commercii" and "jus connubii" (rights of property and marriage), and the "optimo jure", who also held these rights as well as the additional rights of "jus suffragiorum" and "jus honorum" (the rights to vote and to hold office).
The "Latini" were a class of citizens who held the
Latin Rights ("jus Latii"), or the rights of "jus commercii" and "ius migrationis", but not the "jus connubii". The term "Latini" originally referred to the Latins, citizens of the Latin Leaguewho came under Roman control at the close of the Latin War, but eventually became a legal description rather than a nationalistic or ethnic one. Freedmenslaves, those of the "Cives Romani" convicted of crimes, or citizens settling Latin colonies could be given this status under the law.
"Socii" or "Foederati" were citizens of states which had treaty obligations with Rome, typically agreements under which certain legal rights of the state's citizens under Roman law were exchanged for agreed upon levels of military service, i.e. the Roman magistrates had the right to levy soldiers for the
Roman legions from those states. However, "Foederati" states that had at one time been conquered by Rome were exempt from payment of tribute to Rome due to their treaty status.
Growing dissatisfaction with the rights afforded to the "Socii", and with the growing manpower demands of the legions (due to the protracted
Jugurthine Warand the Cimbrian War) led eventually to the Social War of 91–88 BC. The passing of the Lex Julia(more specifically the "Lex Iulia de Civitate Latinis Danda") in 90 BC granted the rights of the "cives romani" to all "latini" and "socii" states that had not participated in the Social War, or who were willing to cease hostilities immediately. This was eventually extended to "all" of the Socii states following the conclusion of the war, effectively eliminating "socii" and "latini" as legal and citizenship definitions.
Provinciales were those persons who fell under Roman influence, or control, but who lacked even the rights of the "Foederati", essentially having only the rights of the "jus gentium".
A Peregrinus (plural "Peregrini") was originally the term used to describe any person who was not a full Roman citizen, that is someone who was not a member of the "Cives Romani". With the expansion of Roman law to include more gradations of legal status, this term became less used, but the term "peregrini" included the those of the "latini", "socii", and "provinciales", as well as those subjects of foreign states.
Abrogation of citizenship rights
All these rights were (as everywhere down the ages, and even today) sometimes ignored. For example, the
definitionof the crime "treason" varied largely from time to time.
The governorship of
Gaius Verresis perhaps the most blatant example how all these rights could simply be ignored by the State. Apparently, Verres (then governor of Sicilia) being informed that a local Roman citizen would travel to Rome in order to complain about the various abuses (high taxes, and systematic plunder of the entire province) ordered the arrest of the citizen. As the citizen demanded a trial (which he could later appeal and transfer to Rome), Verres denied it under the accusation of treason. Verres later ordered him flogged (torture), then crucified (death). The citizen repeated constantly: "I am a Roman citizen" but no one intervened. When (much later) Verres was prosecuted by Cicero, he simply fled Italy before this incident was aired in open court, essentially pleading " nolo contendere" to the charge.
Citizenship as a tool of Romanization
Roman citizenship was also used as a tool of foreign policy and control. Colonies and political allies would be granted a "minor" form of Roman citizenship, there being several graduated levels of citizenship and legal rights (the
Latin Rightwas one of them). The promise of improved standing within the Roman "sphere of influence", and the rivalry for standing with one's neighbours, kept the focus of many of Rome's neighbours and allies centered on the "status quo" of Roman culture, rather than trying to subvert or overthrow Rome's influence.
The granting of citizenship to allies and the conquered was a vital step in the process of Romanization. This step was one of the most effective political tools and (at that point in history) original political ideas (perhaps one of the most important reasons for the success of Rome).
As a precursor to this,
Alexander the Greathad tried to "mingle" his Macedonians and other Greeks with the Persians, Egyptians, Syrians, etc in order to assimilate the people of the conquered Persian Empire, but after his death this policy was largely ignored by his successors. The idea was to assimilate, to turn a defeated and potentially rebellious enemy (or his sons) into a Roman citizen. Instead of having to wait for the unavoidable revolt of a conquered people (a tribe or a city-state) like Spartaand the conquered Helots, Rome made the "known" (conquered) world Roman.
The Social War (in which the Italian allies revolted against Rome) ended gradually as Rome granted citizenship to all Italian freemen (with the exception of
Gallia Cisalpina). After AD 212, all freemen in the Empire were granted citizenship by an imperial edict (the Constitutio Antoniniana) of Emperor Caracalla.
publisher = Thames & Hudson
isbn = 0500051240
pages = 224
last = Goldsworthy
first = Adrian
title = The Complete Roman Army
date = 2003-10-27
last = Jahnige
first = Joan
title = Roman Citizenship
work = Kentucky Educational Television Distance Learning
accessdate = 2008-09-06
date = 2002-05
url = http://www.dl.ket.org/latin1/mores/law/citizenship.htm
last = Lassard
first = Yves
coauthors = Alexandr Koptev
title = The Roman Law Library
format = Library
accessdate = 2008-09-06
url = http://web.upmf-grenoble.fr/Haiti/Cours/Ak/
last = Just
first = Felix
title = Social Aspects of Pauline World
work = Catholic Resources for Bible, Liturgy, Art, and Theology
accessdate = 2008-09-06
url = http://catholic-resources.org/Bible/Social_Aspects.htm
Constitution of the Roman Republic
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