Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The original _capitis deminutio_ is thus a purely private law conception
and implies the distinction between persons _sui juris_ and _alieni
juris_. To the first category belong those who are free from the power of
another, to the latter those who are under the _potestas_, _manus_, and
_mancipium_; amongst citizens, therefore, the son, the wife, and any one
mancipated to another. The person _alieni juris_ is not altogether devoid
of private rights, but they are singularly incomplete in their effects.
Thus the son under power has the right of marriage (_conubium_), but the
children of the marriage are not in his power but in his father’s; he
has (if not in the earliest period, yet throughout the greater part of
Roman history) the right of taking part in the legal business of trade
(_commercium_), yet all that he acquires by this business belongs to his
father. In his case, however, the condition is transitory, while in the
case of the slave and the _mancipatus_ (apart from the possibility of
emancipation) it is permanent.
Conversely, the fact of being _sui juris_ does not always imply freedom
of action; this might be limited through consideration of age or sex.
Minors and women may be free from _potestas_, but the former were subject
to a temporary, the latter originally to a perpetual _tutela_.
§ 4. _The Citizens and the Political Subdivisions of the State_
The whole collection of Roman citizens forms the _populus Romanus
quiritium_,[118] or _populus Romanus quirites_.[119] Of the terms thus
placed in apposition, _populus Romanus_ is the more general descriptive
name, and _quirites_ the official title by which the citizens are
addressed in the assembly. Yet both words appear to have the same
signification; _populus_ is the armed host,[120] and the _quirites_ are
the “_bearers of the lance_.”[121] If the latter etymology is correct,
the word _quirites_ came, by a course of development which finds many
parallels in Roman history, to mean exactly the opposite of its original
signification. At the end of the Republic it signifies the citizens in
their purely civil capacity, wearing the _toga_, the garb of peace, and
exercising political functions within the city; Caesar once quelled a
mutiny of his legions by addressing them as _quirites_, showing by this
address that they were disbanded and were no longer soldiers.[122]
Public-domain text, read in full here on John Shaqi.
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