In Roman law, status describes a person's legal status. The individual could be a Roman citizen, unlike foreigners; or he could be free, unlike slaves; or he could have a certain position in a Roman family either as head of the family, or as a lower member.
Status civitatis
In the Roman state, according to Roman civil law, only Roman citizens had the full civil and political rights. In regard to status civitatis, in the Roman state, there were cives, Latini and peregrini, and foreigners. Outside the Roman state, there were externi, barbari and hostes.
The social and legal status of slaves in the Roman state was different in different epochs. In the time of old civil lawslavery had a patriarchal shape. After Rome's victorious wars, from the 3rd century BC, huge numbers of slaves came to Rome, and that resulted in slave trade and increased exploitation of slaves. From that time on, a slave became only a thing - servi pro nullis habentur.
Legal status
The legal state of slaves was based on the fact that the slave was not a subject but an object of law. A master had the right of ownership over the slave. He could sell him, give him in pawn but certainly could not harm or kill him. If someone injured his slave, a master could initiate legal proceedings and demand protection. The ownership over the slave was called dominica potestas, and not dominium like the ownership of objects and animals. In the Roman legal system, a slave did not have a family. His sexual relationships with other slaves was not marriage, but a cohabitation, without legal consequences. Masters could also give over a certain amount of property, known as peculium, to a slave for his management and use. This peculium was protected under Roman law and inaccessible by the owner. This was another tool slaves could use to purchase their freedom.
Means of becoming a slave
The oldest means of becoming a slave was to be captured as an enemy in war. However, even a foreigner could become free again and even a Roman citizen could become a slave. Slavery was hereditary, and the child of a slave woman became a slave no matter who the father was. However, according to classical law, a child of a slave became free, if his or her mother was free, even for a short period of time, during the pregnancy. There were a number of means by which a free man could become a slave in Roman society.
According to Twelve Tables:
Also citizens involved in the false presentation of slavery for benefit could become slaves. If a free man were sold as a slave, then after proving that he is free he shared proceeds from the sale with the party that sold him. A praetor could deprive the seller of his freedom.
Convicts, could become slaves and their property would belong to state.
A female Roman citizen could become a slave if she had "mutual living" with another man's slave despite the master's objection.
Termination of slave status
After the Punic wars, Rome started the mass exploitation of slaves. However, the development of industry, trade and other branches of economy required skilled free workers that took interest in their jobs. A slave could get free by the act of manumission, by which a master would release him from his authority. Manumissions were different in different epochs. The old civil law recognized three kinds of manumissions:
Manumissio censu, was done by a master in the time of the Centuriate assembly. A master wishing to free his slave needed only to enter him in the censor's list as a citizen.
Manumissio vindicta, was the liberation of a slave by a fictitious plea for freedom. It was done before a magistrate when some citizen touched a slave by a stick, and by right words said that the slave is a free man. If a master did not object to that claim, a magistrate would validate the slave's freedom. This had been done under the old civil law
Manumissio testamento, was the liberation of a slave by a will. In a will master usually said "Stichus servus meus liber esto", and the slave would be free and without patron.
*Manumissio testamento fideicommissaria, was when a master asked his successor to release a slave. If that slave was made free, the man who released him became his patron.
Manumissio inter amicos, was liberation of a slave by a statement in front of friends. Praetors protected these free slaves. This kind of manumission originated at the end of the republic.
*Manumissio per epistulam, same as above, just done by a statement in a letter.
Manumissio per mensam was similar to the above manumissions. This one was not as formal as manumissions in time of old civil law, but had the same value as praetoric manumissions. Manumissions of this kind originated in the time of empire.
Manumissio in ecclesia, were manumissions made in the time of Christian emperors in front of a priest.
At the beginning of the empire, because of the number of manumissions, legal limitations of manumissions were made. These limitations were implemented by two laws: Lex Fufia Caninia and Lex Aelia Sentia. According to Roman law, slaves that were freed became Roman citizens, but they had many fewer rights than Roman citizens that were born free. The slave's former master now became his patron, and the libertus still had obligations towards him. The libertus had to be obedient and respectful to his patron. The patron could punish a disobedient libertus, In older times he could even kill him, but later he could not. In some circumstances he could even ask a magistrate to turn the libertus into a slave once again.
