4.2 Status

There were three constituent elements of status in the Roman law of persons— libertas, civitas, and familia. The person of full status was the one who possessed all three elements: he had libertas (freedom) in that he was not a slave; he had civitas (citizenship) in that he was a citizen of Rome, not a foreigner; and he had familia (‘family’) in that he belonged to a Roman household (usually as its head).

Paul, Sabiiius, book 2: There are three kinds of change of civil status: the greatest, the middle, and the least. For there are three things which we have: freedom, citizenship and family. Therefore, when we lose all three... the change of civil status is the greatest. But when we lose citizenship and retain freedom, the change of status is the middle. When both freedom and citizenship are retained and only family is changed, it is plain that the change of civil status is the least. (17.4.5.11.)

The 'greatest' loss of status (maxima} occurred when a person lost his liberty, because it necessarily involved the loss of citizenship and family rights as well. This resulted, for example, when a citizen was enslaved. The 'middle' change of status (media) comprised the loss of citizenship, but not freedom. It occurred mostly where a person was ordered to be deported for some misdemeanour. Loss of citizenship normally carried with it loss of family. The 'least' change of status (minima) was occasioned by loss of family alone—in practice the most frequent type of change. For example, if a child was emancipated, i.e. freed from the legal power of the head of the household, the child's legal status altered from subjection to independence. The child lost rights of inheritance on intestacy as a result of this change—to that extent there was a 'loss' of family rights. On the other hand, the child gained legal independence, which could be an advantage in certain circum­stances. Such a loss of status was not necessarily detrimental—more a change of status than a loss.

The three elements of status—freedom, citizenship, and family rights—must now be considered in detail. They constitute the law of persons.