The Ancient Library

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form, of becoming heres or legatee under a will, and of being a witness to a will ; also he could contract many obligationes which a Peregrinus could not. These were the general capacities of a Latinus and peregrinus ; but a Latinus or a pere­grinus might obtain by special favour certain rights which he had not by virtue of his condition only. The legitima hereditas was not included in the testament! factio ; for the legitima hereditas pre­supposed agnatio, and agnatio presupposed connu­bium, or the capacity to contract a Roman marriage.

According to Savigny, the notion of civis and civitas had its origin in the union of the patricii and the plebes as one estate. The peregrinitas, in the sense above stated, originated in the 'Conquest ©f a state by the Romans, when the conquered state did not obtain the civitas ; and he conjectures that the notion of peregrinitas was applied originally to all citizens of foreign states who had a foedus with Rome.

The civitas then, historically viewed, was in brief as follows : —Originally, the Romans divided all persons into Cives and Peregrini: the cives, con­sidered as non-political persons and simply as indi­viduals, had connubium and commercium ; the peregrini had neither. But this merely negative description of a peregrinus would apply also to slaves, and to the members of states with which Rome never had any connection, and consequently it is requisite to give to the notion of peregrinus something of a positive character in order to de­termine what it is. A peregrinus then was one who had no legal capacity ^according t© the jus civile Romanorum, bat had a capacity-of acquiring rights according t© the jus gentium, which rights the Roman courts of justice acknowledged. The following persons then would be included under Peregrini.: 1. Before the time of Antoninus Cara-calla, the inhabitants of almost all the Roman provinces. 2. The citizens of foreign states which were in friendly relation with Rome. 3. Romans who had lost >the ^civitas in -consequence of some legal penalty, as deportatio. (Dig. 40. tit: 19. s. 17. §1.) 4. Liberfcini, who were dediticiorum mimero. (Ulpian, Frag. tit. 20. § 14.)

The later division of persons was this — Gives, Latmi, and Peregrini. The condition of'cives and peregrini was unchanged ; but a third class, that of Latini, was formed, who had a limited civitas, which consisted in having commercium without connubmiii, By possessing commercium they ap­proached to the class of cives ; by not having con­nubium they approached the class of peregrini. Yet persons who belonged to the class of Latini or Peregrini might, by grant, receive a higher legal capacity than that which belonged to persons of this class. (Ulpian, Frag. tit. 5. § 4, 19. § 4.)

Thus then there were at one time in the Roman state only two classes of persons with different legal capacities—Cives and Peregrini. At another and a later time there were three classes — Cives, Latini, and Peregrini. It remains to explain when the third class, Latini, was established, and what persons were included in the term Peregrini at the two several times.

Before the Social war b. c. 90, the Romans had acquired the dominion of all Italy, and the state then comprehended the following persons: — 1. Cives Romani, that is, the inhabitants of Rome, the citizens of the coloniae civium, and the citizens of. tlie municipia without respect to their origin.


2. Latini, that is, the citizens of the old Latin towns, except those which were raised to the rank of municipia ; the term Latini also included the numerous Coloniae Latinae. 3. Socii, that is, the free inhabitants of Italy, who were not included in 1 or 2. 4. Provinciales, or the free subjects of Rome beyond the limits of Italy. But these four descriptions of persons were all comprehended under Cives and Peregrini; for the term peregrini com­prehended numbers 2, 3, and 4.

After the Social war, and in b. c. 90, by a lex Julia the Roman citizenship was extended to all Italy, properly so called, and even to Gallia Cis-padana. The consequence of this change was that the Socii and Latini were merged in the class of cives Romani, and there remained only cives and provinciales, but the provinciales were still pere­grini. It was at this time apparently that the class of Latini was established, which did not, as formerly, denote a people, but an artificial class of persons with a particular legal capacity. This legal capacity or half citizenship, as already ex­plained, consisted in the possession of the Com­mercium without the Connubium. One object of forming this new 'class was apparently to prepare a gradual transition to the full civitas for such pere­grini as the state might wish to favour. The con­dition of the class of Latini was expressed by the term Latinitas or Jus Latii. [latinitas.]

From this time there existed the three classes, described by Gains and Ulpian—Cives, Latini, and Peregrini: cives with commercium and connubium, Latini with •.commercium only, and peregrini with­out either. Only the cives had the political rights, the suffragium and honores. The names of the three classes existed to the time of Justinian's legislation.

The rights of a Roman citizen were acquired in several ways, but most commonly by a person being born of parents who were Roman citizens. A Roman pater familias, films familias, mater familias, and filia familias were all cives, though the first only was sui juris and the rest were not. If a Roman citizen married a Latina or a pere-grina, believing her to be a Roman citizen, and begot -a. child, this child was not in the power of his father, because he was not a Roman citizen, but the child was either a Latinus or a peregrinus according to the condition of his mother ; and no child followed the. condition of his father without there was connubium between his father and mother. By a senatus-consultum, the parents were allowed to prove their mistake (causam error-is probare) • and, on this being done, both the mother and the child became Roman citizens, and, as a consequence, the son was in the power of the father. (Gains, i. 67.) Other cases relating to the matter called causae probatio are stated by Gains (i. 29, &c.; i. 66, &c.), from which it appears that the facilities for obtaining the Roman civitas were gradually extended. (See also Ulp. Frag. tit. 3. De Latmis.)

^ A slave might obtain the civitas by manumis­sion (vindicta), by the census, and by a testa-inentums if there was no legal impediment; but it depended on circumstances-, as already stated, whether he became a Civis Romanus, a Latinus, or in the number of the peregrini dediticii. [manumlssio.]

^ Under the republic and before the Social war, the civitas could, of course, be conferred by a lex, and

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