IV.

appellatio specialis1. The Proconsul might assume CHAP. the insignia of his office as soon as he left Rome, but as a general rule he could not exercise his authority till he entered his province. He was allowed six lictors3. If he returned to Rome, the moment he entered the city his imperium ceased 4.

All who had no connexion with the Roman Hostes and Peregrini. state were termed Hostes and Peregrini. With reference to Rome they had no civil rights and privileges, since by the law of the Twelve Tables, adversus hostem æterna auctoritas esto.

No one could be a citizen of Rome and of any other city at the same time.

gated

This is a maxim of the Civil law. If any one One citizenallowed himself to be enrolled as a citizen of ship abroanother state his Roman citizenship was thereby another. gone. "Duarum civitatum," says Cicero, "civis esse nostro jure civili nemo potest: non esse hujus civitatis civis, qui se alii civitati dicarit, potest.'

By a constitution of the Emperor Antoninus Caracalla, the privileges of a Roman citizen were conferred on all the inhabitants of every part of the Roman Empire who were Ingenui: and the same privileges were afterwards extended by Justinian to the Libertini.

In the year A.D. 242, the Emperor Caracalla Caracalla. conferred the right of citizenship upon all who were freeborn, thus abolishing the classes of the Latini and the Dedititii; but the distinction of the Ingenui and Libertini still continued. Finally, Justinian decreed that there should be no differ- Justinian. ence between the Ingenui and the Libertini, and a man was then "aut liber aut servus"."

Of the states subject to the Roman Empire some were Municipia, others Præfecturæ, others Coloniæ.

BOOK

I.

Munici

pia.

Fundi facti.

Coloniæ.

Municipia were those towns and districts which, having been annexed to the Roman Empire by conquest or otherwise, had had the rights of citizenship conferred upon them by the Senate. They who had acquired the right of Roman citizenship, but dwelt in their own towns, if they domiciled themselves at Rome, became cives non optimo jure; that is, they had all civic rights excepting the Jus suffragii and the Jus honoris. Aulus Gellius' states that while they used their own laws they were at liberty to adopt the laws of Rome. If they made a formal adoption of the Roman laws they became citizens optimo jure, and were said to be fundi facti2. It was these whom Festus describes, quorum civitas universa in civitatem Romanam venit. There was also a third class, who at the same time they were in alliance with Rome were only governed by their own laws, and so were in no better position than the Provinciales3.

When the Roman people conquered a territory they took to themselves a certain portion of the land absolutely, the rest they left in the possession Decuma. of the inhabitants, imposing upon them the decuma, a yearly tax of the tenth of the produce. The land which they so reserved to themselves was usually colonized, which served as a check upon the natives of the district, and disposed at the same time of the surplus population of Rome. A law or Senatusconsultum first passed determining the amount of land, and among how many it was to be divided; appointing at the same time all the officials who were to assist in establishing the new community, the principal of whom were the Duumviri, or Triumviri, according as their number was, who were the governors, and represented the Consuls at Rome. The number of colonists being complete, with their full comple

ment of handicraftsmen, they went forth sub vexillo, a small square standard, probably bearing some device intended thenceforth to be the ensign of the community. Having arrived at their destination, a site for a town was chosen, and marked out, and each man had his portion of land assigned him by the Agrimentores1.

СНАР.

IV.

These colonies when so founded were either Roman. Roman, Latin, Italian, or military. Whether the Roman colonists possessed the entire rights of citizenship is a matter of dispute which cannot be accurately determined. The better opinion seems to be that they had not the Jus suffragii or the Jus honoris at Rome2. The Latin colonists were at Latin. least cives non optimo jure; for if a Roman citizen joined a Latin colony he suffered the Capitis diminutio3, that is, he lost his citizenship. The Italian Italian. colonies were little better than the Provinciales. The chief difference seems to have consisted in the immunity of the former from certain taxes which were imposed upon the latter. The military colo- Military. nies consisted of those soldiers who from long service were entitled to their discharge, and had lands allotted to them on the frontiers called the

limitrophi fundi. These soldiers settled with their centurions and tribunes, preserving their military organization sufficiently to keep off any incursions of the hostes. They no longer dwelt in castris but in pagis, thence called pagani, which term Pagani. came to signify whatever was not military.

turæ.

Those towns or districts which could not safely Præfecbe admitted into the class of municipia or coloniæ, or having been so admitted had broken faith with the Republic, were governed by a Prefect sent annually from Rome. Algeria might be taken as an instance of a modern Præfectura.

The Civitates fœderata were independent com- Civitates munities between whom and Rome there existed

2 Id. I. 5. 127.

5 Hein. Ant. Ap. I. 5. 132.

I.

BOOK merely a fœdus, a treaty, according to circumstances, and they were so far from forming any part of the Roman state, that a citizen aqua et igni interdictus might take refuge among them'.

1 Hein. Ant. App. 1. 5. 133.

CHAPTER V.

Of the Power of the Father.

V.

familias. Patria

THE third division of persons in their civil CHAP. capacity is into Patresfamilias and Filiifamilias. Paterfamilias est qui in domo dominium habet1. PaterThe term Patria potestas signifies the which power a father had over his children, and all their de- potestas. scendants, and which only terminated with his death unless they had been duly emancipated. According to Ulpian it rested upon ancient custom'. No one could be paterfamilias with respect to his own children unless he were sui juris; and whosoever was sui juris in a legal sense was paterfamilias. This right was peculiar to the Roman citizen, but Gaius states that the gens Galatarum exercised the same.power3.

The Roman mother had no authority over the Materchildren, because she was in manu mariti, and was familias. said to be tanquam filia.

tion.

The Filiusfamilias was therefore he who was Filiusunder the power of his paterfamilias, who might familias. be his father, grandfather, or great grandfather. His position in the earliest times of the Republic His posiwas little better than that of the slave, for during the life of the paterfamilias he was entirely debarred the exercise of the Jus civile privatum: he could not be a party to a contract, nor could he make a will even with his father's consent; but the patria potestas did not exclude him from the Jus publicum, for he could be elected to any public office, or hold a command in the army.

The above-mentioned disabilities arose from Grounds of the Unitas persona between the father and the it.

1 D. L. 69. 195. 2.

2 D. I. 6. 8.

3 Gai. I. 55.