The great importance of the subject demands a more minute notice of the principles of the Roman law than the limits of this work properly allow. I shall therefore endeavor to abridge what has been written by eminent authorities, taking as a basis the late work of Lord Mackenzie and the learned and interesting essay of Professor Maine.
The Institutes of Justinian began with the law of persons, recognizing the distinction of ranks. All persons are capable of enjoying civil rights, but not all in the same degree. Greater privileges are allowed to men than to women, to freemen than to slaves, to fathers than to children.
In the eye of the law all Roman citizens were equal wherever they lived, whether in the capital or the provinces. Citizenship embraced both political and civil rights. Political rights had reference to the right of voting in the comitia; but this was not considered the essence of citizenship, which was the enjoyment of the _connubium_, and _commercium_. By the former the citizen could contract a valid marriage and acquire the rights resulting from it, particularly the paternal power; by the latter he could acquire and dispose of property. Citizenship was acquired by birth and by manumission; it was lost when a Roman became a prisoner of war, or had been exiled for crime, or became a citizen of another State. An unsullied reputation was required by law for a citizen to exercise his rights to their full extent.
The Roman jurists acknowledged all persons originally free by natural law; and while they recognized slavery, they ascribed the power of masters entirely to the law and custom of nations. Persons taken in war were considered at the absolute control of their captors, and were therefore, _de facto_, slaves; the children of a female slave followed the condition of their mother, and belonged to her master. But masters could manumit their slaves, who thus became Roman citizens with some restrictions. After the emancipation of a slave, he was bound to render certain services to his former master as patron, and if the freedman died intestate his property reverted to his patron.