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The Lex Junia, Lex Fufia Caninia, and Lex Aelia Sentia

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The Lex Junia, Lex Fufia Caninia, and Lex Aelia Sentia The Lex Junia, Lex Fufia Caninia, and Lex Aelia Sentia Impact and Motives of the Augustan Manumission Laws Eline Veldman RMA Ancient, Medieval, and Renaissance Studies Utrecht University Thesis under the supervision of dr. Saskia Stevens Second reader: mr. dr. Emanuel van Dongen 31.07.2020 Eline Veldman 5631564 [email protected] [email protected] Cover image Altar of the vicomagistri of the vicus Aesculeti of 2 CE. Rome, Capitoline Museum, Centrale Montemartini, inv. 855. Photo: Petersen (2015) 221. The Lex Junia, Lex Fufia Caninia, and Lex Aelia Sentia Impact and Motives of the Augustan Manumission Laws Eline Veldman Utrecht 2020 Abstract During the reign of Emperor Augustus three manumission laws were issued: the Lex Junia, Lex Fufia Caninia, and Lex Aelia Sentia. The lack of an obvious identifiable cause for issuing these laws has been the reason for debate among modern scholars for almost a century now. This thesis focuses on the question what the motives and impact of the Augustan manumission laws were and contributes to the debate by going beyond the formulations of the legal texts, by examining how the laws interacted with society, and by exploring the interconnectedness of these laws and the Roman world. The laws did not respond to a clear cause, but were the result of several historical developments, such as Augustus’ “restoration” of the Republic. Additionally, I will further the idea that laws aimed to protect Roman citizenship, by connecting this assertion to the transformation of citizenship during the reign of Augustus. Contents Acknowledgements vii List of abbreviations viii Introduction 1 Method 5 Freedmen 6 Roman law 6 Sources of Roman law 7 Literary and epigraphical sources 7 Chapter layout 8 1|Contextualising the Augustan manumission laws 9 A clean break from the past 9 The triumviral period and freedmen 11 Leges et Iura P(ublicae) R(ei) Restituit 16 Augustus’ moral legislation 19 Conclusion 24 2|Manumission and the Augustan manumission laws 25 Manumission 25 Practices of manumission 25 Motives for, and advantages of manumission 28 Freedmen and Roman law 32 Augustan manumission laws 34 Lex Junia 34 Lex Fufia Caninia 36 Lex Aelia Sentia 37 Later additions to the Augustan manumission laws 41 “Good” vs. “bad” freedmen 42 Conclusion 44 3|Protecting Roman citizenship 45 Roman citizenship 45 Roman citizenship and the Augustan manumission laws 47 Vicomagistri, Augustales, and vigiles 48 Conclusion 52 Conclusion 53 Translations 55 Bibliography 57 vi Acknowledgements This thesis could never have been written without the help and support I received from a great number of people. First and foremost, I would like to thank my supervisor dr. Saskia Stevens for her guidance, enthusiasm, and helpful feedback. I also want to thank mr. dr. Emanuel van Dongen for being second reader and the time he took to give me valuable insights regarding Roman law during the beginning stages of this thesis. I also wish to thank Fabienne Maraite, Anne de Hoop, Reinier Langerak, Mischa Piekosz, and Rogier van der Heijden for their help and motivation, and whose feedback and comments have greatly enhanced my research. Last but not least, I am grateful to my parents for their abiding support and encouragement. vii Abbreviations Abbreviations follow the guidelines of the Oxford Classical Dictionary, 4th edition. In addition, the following abbreviations are used throughout. Ad Eccl. Salvian, Ad Ecclesiam Frag. Vat. Fragmenta Vaticana Gnom. Id. Gnomon of the Idios Logos Hist. Herodian, History of the Empire from the Death of Marcus MJECL Maastricht Journal of European and Comparative Law LIA Ulrike Ehmig and Rudolf Haensch. 2012. Die Lateinischen Inschriften aus Albanien, Bonn Rab. Per. Cicero, Pro Rabirio Perduellionis Reo Reg. Ulpian, Liber Singularis Regularum RBPH Revue Belge de Philologie et d’Histoire / Belgisch Tijdschrift voor Filologie en Geschiedenis RIDA Revue Internationale des Droits de l'Antiquité Roman Statutes M.H. Crawford. 1996. Roman Statutes, London RPC Roman Provincial Coinage ZPE Zeitschrift für Papyrologie und Epigraphik ZRG Zeitschrift für Rechtsgeschichte viii Introduction The Romans […] receive into the state even slaves, when they have freed them1 (Philip V of Macedon SIG³ 543) The Roman practice of manumission of slaves is something that has fascinated scholars to this day and already puzzled contemporary Greeks in antiquity, because the Romans gave citizenship to the freed slaves and thus made them, in most respects, equal to freeborn Roman citizens before the law. A famous example of this astonishment is Philip V of Macedon, who wrote the sentence cited above in a letter addressed to the Thessalian city of Larisa at the end of the third century BCE. In this letter he used the Romans as a – perhaps extreme – example of how to increase the number of citizens, since in Larisa the number had decreased because of the Social War.2 Another Greek who spoke with astonishment about this practice was the historian Dionysius of Halicarnassus.3 He saw the custom in practice, since he had moved to Rome sometime in the last quarter of the first century BCE, where he argued that the manumission of slaves had started out as a noble practice, but had, however, deteriorated into something debased at his time. The combination of manumitting slaves and granting them Roman citizenship, was a unique Roman practice that dated back to the beginning of the state, according to the Romans themselves. Livy dated it to the first year of the Republic (509 BCE) when the slave Vindicius overheard a conspiracy to overthrow the Republic and prevented it from happening.4 He was given money, freedom, and Roman citizenship as a reward. Dionysius dated it back even further to the period of the kings, and ascribed the practice to the sixth king of Rome, Servius Tullius (r. 575-535 BCE), who granted citizenship to freed slaves in order to increase the number of citizens, because a large population, so he said, was essential when aiming for supremacy.5 The earliest legal evidence of manumission of slaves comes from the Twelve Tables, which were promulgated in circa 451 and 450 BCE.6 The fragmentary contents, found in later sources, suggest that freedmen at that time already held full Roman citizenship and had the right to make a will. 7 One source, the jurist Ulpian, for example, described this rule as ‘The Law of the Twelve Tables bestows the estate of a freedman who is a Roman citizen, upon his patron if the freedman dies intestate without leaving a proper heir.’8 1 Transl. Bagnall & Derow (2004). 2 Bagnall & Derow (2004) 66. 3 Dion. Hal. Ant. Rom. 4.24. 4 Livy, 2.3-5. 5 Dion. Hal. Ant. Rom. 4.22.4, 23.4. 6 The Twelve Tables have been handed down in bits and pieces through many and different kind of sources; among them Gai. Inst.; Ulp. Reg.; Valerius Probus; Cic. Top., Leg., Rep. All the sources are discussed in: Roman Statutes, 555-575. The sources speaking on the part of the Twelve Tables important to this thesis are: Ulp. Reg. 29.1; Gai. Inst. 3.40; D.50.16.195.1 (Ulpian); Frag. Vat. 308, see: Roman Statutes, 646. 7 Roman Statutes, 646-648, see also: Watson (1987) 35; Mouritsen (2011) 68. 8 Ulp. Reg. 29.1, transl. Scott (1932). 1 Based on the ancient sources, we can ascertain that during the Republic there was no systematic attempt to alter this practice of manumitting. This changed, however, during the Augustan period. Three laws were issued: the Lex Junia (25/17 BCE), Lex Fufia Caninia (2 BCE), and Lex Aelia Sentia (4 CE).9 The Lex Junia introduced a new type of freedmen status, Latini Juniani (Junian Latins).10 Junian Latins did not receive Roman citizenship like “normal” freedmen and were more limited in their freedom. The second law, the Lex Fufia Caninia, limited the practice of manumission by will (manumissio testamento).11 Owners could manumit their slaves after they died by saying so in their will, but after this law was issued the number of slaves being able to be manumitted this way was restricted. A sliding scale indicated what percentage of the total number of slaves one could manumit in a will. Besides manumissio testamento, slaves could be manumitted by manumissio censu – inscribing the slave in the list of citizens – and manumissio vindicta – manumission by going to the praetor or provincial governor; though these two manumission procedures were not limited or altered in any way by the three manumission laws.12 The last law, the Lex Aelia Sentia, included extra rules and more possibilities for Junian Latins – they could strive to become “normal” freedmen and attain Roman citizenship in the process, but they had to meet certain strict requirements. Additionally, the status of dediticii (in short: criminal slaves who had been manumitted) was introduced through the Lex Aelia Sentia.13 The dediticii could never become Roman citizens or Junian Latins. This seemingly sudden change from few laws affecting the practice of manumission and freedmen during the Republic to these three laws being issued within thirty years, has puzzled modern scholars for almost a century now, since no obvious identifiable cause can be found for the installation of them. Scholars have put forward several diverging motives throughout the years. Many of them, such as Treggiari and Koops, have argued that the laws were created because there was supposedly a rise in the number of manumissions in the late Republic and it had caused unrest in society.14 Similarly, Sherwin-White and others, have argued that the manumission laws were primarily introduced to reduce the overall practice of manumission and by implication to limit the number of freedmen.15 This line of thought has mainly been taken from Suetonius, who wrote in his work on Augustus: 9 A full explanation of the three laws and the implications they had can be found in chapter 2.
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