Roman citizenship
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Roman Citizenship
In both the Greek and the Roman world in the Archaic period, it seems that communities were open to the arrival of people from elsewhere, at all social levels, whether one thinks of Hesiod's father, Demaratus of Corinth (mid-7th cent.) in Tarquinii, the Tarquins, or Attus Clusus and his followers in Rome. Detailed rules for citizenship were of course developed in both civilizations, as the city evolved, in the 7th to 5th or 6th to 5th cents. bc. In the case of Rome, though the details are obscure, Roman citizenship clearly developed in dialogue with the citizenships of other Latin communities. It involved the observance of the Roman civil law; and the struggles of the plebeians gradually brought protection for citizens from magisterial imperium.
At all events, Roman citizenship came to possess two features which distinguished it from polis citizenship and which later surprised Greek observers: the automatic incorporation of freed slaves of Romans into the Roman citizen body; and the ease with which whole communities of outsiders could be admitted as citizens. By the time Rome faced the invasion of Hannibal in 218bc, she had a long history of giving citizenship to Italian communities, either with the vote (optimo iure) or without the vote (sine suffragio). (The latter communities, as with Arpinum, the place of origin of Marius and Cicero, were usually later granted the vote.) Apart from Roman communities of these two types and allies, socii, Italy also contained numerous Latin communities, whose members shared a number of rights with Romans and whose citizenships were interchangeable with that of Rome, and vice versa, if the person concerned changed domicile. One of the rights shared with Romans was conubium (right of marriage). A child born to two Romans was a Roman; but so was a child born to a Roman father and a mother from a people possessing conubium.
All citizens, after the abolition of the ban on conubium between patricians and plebeians, had conubium; they were also liable to tributum and military service. If they had the vote, they were also eligible to stand for magistracies. (Individuals were occasionally deprived of the vote as a punishment, becoming aerarii, ‘payers’.) It is not certain whether communities without the vote were bound by the Roman civil law or not.
In the course of the 2nd cent. bc, grants of citizenship dried up, except for a few communities sine suffragio granted the vote; and Rome sought also to restrict the access of Latins to Roman citizenship. Attempts were made to respond to the desire of Latins and Italians alike for citizenship, by Marcus Fulvius Flaccus in 125bc, by Gaius Gracchus in 122bc, and by Marcus Livius Drusus in 91bc. The failure of Flaccus provoked the revolt of Fregellae (near mod. Leprano); and when the last attempt failed, most of the allies went to war with Rome to achieve their end, the so-called Social War; and in order to ensure the loyalty of the rest, as also of the Latins, who had for the most part remained loyal, Rome granted them citizenship by the lex Iulia of 90bc. Although the details of the process are obscure, citizenship was in fact also extended to former rebels. By the time of Sulla, Italy south of the Po (Padus) and former Latin colonies north of the Po were Roman, with the possible exception of the Ligurians; actual registration in the Roman census, however, remained very incomplete.
The last generation of the Roman republic and the civil wars which followed witnessed demands for citizenship in those areas of Italy which still did not have it—demands which were satisfied by Caesar—and the increasing spread of citizenship overseas as a reward for service of one kind or another, in the Greek world as well as in the west. In the established imperial system, Roman citizens enjoyed in theory and often in practice protection against the imperium of a provincial governor, and a relatively favourable tax status.
Roman citizenship continued to spread, for three principal reasons.
- Communities were granted Latin status and their magistrates automatically acquired Roman citizenship, a right which was probably created after the Social War for new Latin communities north of the Po and perhaps in Liguria.
- Citizenship was granted to auxiliaries and their families on discharge.
- Legionaries were supposed to be recruited among citizens only, but were clearly also recruited among provincials and deemed to be citizens. Their families on their discharge—between Augustus and Septimius Severus serving soldiers could not marry—if their wives were of citizen status, helped to spread Roman citizenship.
- In the East, from Pompey on, citizenship was conferred on individuals, typically members of the provincial city-élites.
Citizenship was finally granted to virtually all the free population of the empire by Caracalla, in the so-called Antonine constitution. But by this time, the right to vote had long disappeared; provincial Romans had lost their exemption from taxation; and many of the most important personal privileges of citizenship had been restricted to the élite, the honestiores, as opposed to the humiliores. And thereafter the essential distinction was between slave and free—which also in due course became less important with the depression of the status of the free tenant—and, within those who were still free men, between honestiores and humiliores.
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Roman citizenship
Citizenship in ancient Rome was a privileged political and legal status afforded to free-born individuals with respect to laws, property, and governance.
In the Roman Republic and later in the Roman Empire, people resident within the Roman state could roughly be divided into several classes:
- A male Roman citizen enjoyed a wide range of privileges and potections defined in detail by the Roman state. A citizen could, under certain exceptional circumstances, be deprived of his citizenship.
- Roman women had a limited form of citizenship. Though held in high regard,[citation needed] they were not allowed to vote or stand for civil or public office. The rich might participate in public life by funding building projects or sponsoring religious ceremonies and other events. Women had the right to own property, to engage in business, and to obtain a divorce, but their legal rights varied over time. Marriages were an important form of political alliance during the Republic.
- Client state citizens and allies (socii) of Rome could receive a limited form of Roman citizenship such as the Latin Right. While such citizens could vote in Roman elections, it was impractical.
- Slaves were considered property and had only very limited rights as granted by statute after the establishment of the Principate. Under the Republic, a master could dispose of his slaves as he did any other property, and while excessive cruelty toward slaves was considered a sign of bad character, killing one's own slave was not a crime. While many and perhaps most slaves were subjected to lives of extreme hardship working as field or mine laborers, a significant number of slaves were highly skilled or educated, and treated as part of the extended familia. These slaves were often given a degree of independence to work for themselves and could keep some of their own earnings, sometimes accumulating enough to buy their freedom. Others were freed by manumission for services rendered, or through a testamentary provision when their master died. Once free, they faced few barriers, beyond normal social snobbery, to participating in Roman society. The principle that a person could become a citizen by law rather than birth was enshrined in Roman mythology; when Romulus defeated the Sabines in battle, he promised the war captives that in Rome they could become citizens.[1]
- Freedmen, freed slaves, were granted a limited form of Roman citizenship.[2] Freedmen could later attain full Roman citizenship. The children of freedmen and women were legally free-born; for example, the father of the poet Horace was a freedman.
It is difficult 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.
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Rights given
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 with whom Roman law addressed are:
- Jus suffragiorum: The right to vote in the Roman assemblies.
- Jus honorum: The right to stand for civil or public office.
- Jus commercii: The right to make legal contracts and to hold property as a Roman citizen.
- Jus gentium: The legal recognition, developed in the 3rd century BC, 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 law of the time, and was based on highly developed commercial law of the Greek city-states and of other maritime powers.[3] 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 marriage with a Roman citizen, to have the legal rights of the paterfamilias over 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 polis of comparable status. For example, members of the cives romani (see below) maintained their full civitas when they migrated to a Roman colony with 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.[4]
- 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 on the cross.
Roman citizenship was required in order to enlist in the Roman legions, but this was sometimes ignored. Non-citizens joined the Auxilia and gained citizenship through service.
Classes of citizenship
The legal classes varied over time, however the following classes of legal status existed at various times within the Roman state:
Cives Romani
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).
Latini
Further information: Latin League and Latin Right
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 League who came under Roman control at the close of the Latin War, but eventually became a legal description rather than a nationalistic or ethnic one. Freedmen slaves, those of the Cives Romani convicted of crimes, or citizens settling Latin colonies could be given this status under the law.
Socii
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 War and the Cimbrian War) led eventually to the Social War of 91–88 BC in which the Italian allies revolted against Rome.
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 Italian Socii states following the conclusion of the war (with the exception of Gallia Cisalpina), effectively eliminating socii and latini as legal and citizenship definitions.
Provinciales
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.
Peregrini
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.
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 Right was 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 Great had 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 Sparta and the conquered Helots, Rome made the "known" (conquered) world Roman.
The Edict of Caracalla
The Edict of Caracalla (officially the Constitutio Antoniniana (Latin: "Constitution [or Edict] of Antoninus") was an edict issued in 212, by the Roman Emperor Caracalla which law declared that all free men in the Roman Empire were to be given full Roman citizenship and all free women in Empire were given the same rights as Roman women were. Before 212, for the most part only inhabitants of Italia held full Roman citizenship. Colonies of Romans established in other provinces, Romans (or their descendants) living in provinces, the inhabitants of various cities throughout the Empire, and small numbers of local nobles (such as kings of client countries) held full citizenship also. Provincials, on the other hand, were usually non-citizens, although some held the Latin Right.
See also
References
- ^ Plutarch, Life of Romulus 16.4.
- ^ Fagan, Garrett G. (Lecturer/Professor) (2003). History of Ancient Rome, "Lecture 38: Roman Slavery" [CD Lecture series]
- ^ "Roman Law". The Columbia Encyclopedia, Sixth Edition.. New York: Columbia University Press. http://www.bartleby.com/65/ro/Romanlaw.html. Retrieved 2007-07-28.
- ^ Catholic Resources
External links
- Goldsworthy, Adrian (2003-10-27). The Complete Roman Army. Thames & Hudson. p. 224. ISBN 0-500-05124-0.
- Jahnige, Joan (2002-05). "Roman Citizenship". Kentucky Educational Television Distance Learning. http://www.dl.ket.org/latin1/mores/law/citizenship.htm. Retrieved 2008-09-06.
- Lassard, Yves; Alexandr Koptev. "The Roman Law Library" (Library). http://web.upmf-grenoble.fr/Haiti/Cours/Ak/. Retrieved 2008-09-06.
- Just, Felix. "Social Aspects of Pauline World". Catholic Resources for Bible, Liturgy, Art, and Theology. http://catholic-resources.org/Bible/Social_Aspects.htm. Retrieved 2008-09-06.
See also
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