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Masters and Freedmen: Junian Latins and the Struggle for Citizenship

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Masters and Freedmen: Junian Latins and the Struggle for Citizenship MASTERS AND FREEDMEN: JUNIAN LATINS AND THE STRUGGLE FOR CITIZENSHIP Egbert Koops 1. Citizenship and Problems of Integration* Grants of citizenship have long been recognized as an important factor in the integration of the Roman empire.1 The state was continually seek- ing to replenish and increase its citizen body by offering membership as something of value. Citizenship provided status and entry into patronage networks as well as more tangible benefits. It gave the somewhat theoreti- cal right to vote, at least for men, and to pursue a career in the legions. But more importantly, it allowed access to the full extent of the Roman legal system. From access to the courts and the capacity to own land in Italy, to marry other citizens in recognized marriage, to pass citizenship on to children, to make wills and inherit, all the way to the right of appeal to the emperor – citizenship meant full participation in the empire. Nominally, any Roman citizen could take part in law, commerce and politics on an equal footing to any other citizen. And though citizenship alone did not ensure access to power, which also depended on birth, wealth, opportu- nity and ability, it was advantageous enough to be desirable. Ciuis Romanus sum is the famous expression that ought to, and in the- ory would ensure favorable treatment throughout the empire.2 Yet it did not detract from other identities. An example is offered by the apostle Paul. Born in Tarsus, on the southern coast of Turkey, in a Jewish commu- nity, he addressed a crowd in Jerusalem in Aramaic after asking permis- sion to do so in Greek.3 But when he was arrested, he claimed the status * Parts of this chapter, particularly par. 1-2 and 5, expand on a previous article: E. Koops, ‘Second-rate citizens: Junian Latins and the Constitutio Antoniniana’, Maastricht Journal of European and Comparative Law 19 (2012), 223–239. 1 See, inter alia, J.A. Crook, Law and life of Rome (New York 1967), 38–43; A.N. Sherwin- White, The Roman citizenship (Oxford 19732), 167 ff; C. Williamson, The laws of the Roman people (Michigan 2005), 227–229. For a sociological perspective, F. Gross, Citizenship and ethnicity (Westport 1999), 29–32. 2 Cic., 2 Verr. 5.147, 5.162 and 5.168. 3 Acts 22.23–29. B. Witherington, The acts of the apostles (Grand Rapids, Carlisle 1998), 680–683. Egbert Koops - 9789004256675 Downloaded from Brill.com10/01/2021 03:12:24AM via free access 106 egbert koops of a Roman citizen and impressed upon the local commander that he was born as one, while the commander had paid a large amount of money for the privilege. In a bronze tablet found at Banasa (Morocco),4 citizenship is bestowed on a tribal leader and his family at his express request. The emperor, Marcus Aurelius in this case, stresses that although such requests are not normally granted, a reward for the leader’s prominence and loy- alty may inspire others to emulate his example. Even so, the citizenship is awarded saluo iure gentis, without prejudice to tribal law.5 Whether or not such Roman citizens in the provinces felt themselves ‘Roman’ is an interesting question, but a moot point here. As members of their tribe, they may have been ruled by tribal law; but as Roman citizens, they were by necessity integrated into the machinery of empire. A modern analogy may be useful. In 1992, the Treaty on the European Union was signed at Maastricht, creating a single European polity that embraces the national citizens of many Western European countries. Arti- cle G sub C states: “Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union.”6 This phrasing led to such antagonism, including the rejection of the Maastricht Treaty by Denmark,7 that a further clause was added five years later: “Citizenship of the Union shall complement and not replace national citizenship.”8 All citizens of EU countries are also European citi- zens, which entitles them to work and travel freely, and to vote and stand for municipal or European office throughout the EU.9 They may feel them- selves German, French or Dutch, and remain so at law, but they exercise a 4 AE 1971, 534. W. Seston and M. Euzennat, ‘Un dossier de la chancellerie romaine: la Tabula Banasitana’, Comptes Rendus de l’Académie des Inscriptions et Belles Lettres (1971), 468–490; A.N. Sherwin-White, ‘The tabula of Banasa and the constitutio Antoniniana’, Journal of Roman Studies 63 (1973), 86–98. 5 Dual citizenship was well established by the reign of Claudius. A.N. Sherwin-White, ‘The Roman citizenship. A survey of its development into a world franchise’, ANRW I.2 (Berlin/New York 1972), 46–53; but also see D. Nörr, s.v. ‘Origo’, RE Supp. 10 (1965), 431–473. The Banasa grant was notably also made without prejudice to the tributes and vectigals due to the aerarium and the fiscus. 6 Art. G sub C of the Treaty of Maastricht, [1992] C 191/1. 7 The Edinburgh Agreement of December 1992 (C 348, 31 December 1992) granted Denmark an exception, following its rejection of the Maastricht treaty by referendum, to the effect that European citizenship in no way replaced national citizenship (section A). 8 Art. 2 sub 9 of the Treaty of Amsterdam, [1997] C 340/173. 9 Art. 20–22 of the consolidated Treaty on the Functioning of the European Union, 2008 C 115/47. On the ease of travel within the Roman empire, see Arist., Or. 26.100–101 (ed. Keil). Egbert Koops - 9789004256675 Downloaded from Brill.com10/01/2021 03:12:24AM via free access masters and freedmen 107 right inherent in their European citizenship when they wish to work in, or travel to, another EU country; a right, moreover, which no national state can provide. In the same way, a tribal leader in Mauretania was no less a Roman citizen were he to move to Rome, even saluo iure gentis. The Banasa tablet shows that citizenship grants were instruments in a policy that was designed to spread and consolidate Roman rule in the prov- inces. Veteran soldiers and members of the provincial elite were rewarded with citizenship for their services, which came at little cost, served as a badge of distinction, and drew them closer to Rome. The tribes of Latium as well as certain other allies had been granted this favor to ensure their loyalty during the Social War.10 But not all tribes and tribal leaders were treated equally: in 89 bc, the transpadani, non-Romans living between the southern Alps and the river Po, were invested with the so-called ius Latii,11 the right to acquire full Roman citizenship if they fulfilled an additional requirement, in this case a term as a magistrate at home.12 This type of intermediate citizenship was referred to as Latinitas,13 though it had little to do with the ancient tribes of Latium.14 Unlike Roman citizen- ship, which was vested primarily in individuals,15 the (coloniary) Latin status was granted to communities and became available to individuals by being a citizen of such a community. Some coloniae with Latin sta- tus expanded from veteran settlements, others already existed but were granted the status as an honorific once they had proven to be ‘Roman’ enough.16 Curiously, Vespasian even granted Latin status to the whole of Spain.17 10 G. Rotondi, Leges publicae populi Romani (Milan 1912, repr. 1990), 338–341. On the unification of Italy by imposing the Roman model at the municipal level, see Sherwin- White 1972, op. cit. (n. 5), 33–40. 11 L. Pompeia de transpadanis (89 bc). Rotondi 1912, op. cit. (n. 10), 342. The transpa- dani were later granted citizenship by Julius Caesar: l. Roscia de Gallia cisalpina (49 bc), Rotondi, op. cit., 416; Sherwin-White 1972, op. cit. (n. 5), 40–45. 12 Under the ‘minor’ Latin right, magistrates could acquire citizenship; the ‘major’ Latin right, possibly introduced by Hadrian, gave the same option to decuriones. Gaius, Inst. 1.96. Cf. rubrica 21 of the Flavian municipal laws. 13 ‘Latinitas’: Cic., Att. 14.12. ‘Latio donati’: Plin., nat. 3.20.135. ‘Latium dedit’: HA, Hadr. 21.7. ‘Ius latii’: Gaius, Inst. 1.95. 14 Gaius, Inst. 1.79. 15 With the exception, perhaps, of the ius italicum, the right to be considered Italian soil, which was conferred by the emperors on some communities. Sherwin-White 1972, op. cit. (n. 5), 53. 16 Sherwin-White 19732, op. cit. (n. 1), 59–61, 114 f; 222 f. 17 ‘Latium tribuit’: Plin., nat. 3.3.30. Egbert Koops - 9789004256675 Downloaded from Brill.com10/01/2021 03:12:24AM via free access 108 egbert koops Latin status was, in essence, a second-class or intermediate form of citi- zenship. It offered many of the legal rights enjoyed by Roman citizens, but not all, and none of the more important political rights.18 In consequence, it was attractive enough, to some, to seek improvement of the Latin status, which was quite possible although it may have been costly. A main mode of gaining the franchise has already been mentioned: by taking on the (expensive) munus of a city councillor, inhabitants of Latin communities could become full citizens at the end of their term.19 Latins also became citizens by financing the all-important grain deliveries to Rome for a set period of time, through shipping or milling facilities.20 And after the great fire of 64 ad, Nero offered full citizenship to those willing to spend half their wealth, with a minimum of 100.000 sesterces, on construction work.21 Such grants tapped into the willingness Latins presumably showed to spend their wealth in exchange for civic recognition.22 Other avenues were open as well.
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