Lex Aelia Sentia
Encyclopedia
Lex Aelia Sentia was a law established in ancient Rome
in 4 AD. It was one of the laws that the Roman assemblies
had to pass (after they were asked to do so by emperor Augustus). This law (as well as Lex Fufia Caninia
), has made limitations on manumissions
. Manumission, or the freeing of a slave, became increasingly important by the early empire. Augustus sought to enact a series of restrictions on the practice, not to limit it, but rather to regulate it. This law stated that for a manumission to be valid a master had to be at least twenty years old and a slave at least thirty. These limitations on manumissions were made when the number of manumissions were so large (at the end of republic and the beginning of empire), that they even questioned the social system of the time.
This law had several provisions. One such provision stated that certain slaves who were manumitted could not become full Roman citizens, but rather would become members of a lower class of freedmen (Peregrini dediticii). If a manumitted slave was under age thirty, he could only achieve full citizenship after a legal proceeding (a "consilia") similar to a family law trial.. These legal proceedings were to be held at pre-determined times in the provinces and in Rome. Any slave under the age of thirty could achieve full citizenship rights without the need for a consilia if his master was insolvent and agreed to free him.. If a slave was freed under the age of thirty, but was not granted full citizenship rights upon his manumission, he could be granted those full citizenship rights if he married a Roman freedwoman or freewoman, and had with this woman a son who was, at the time, at least one year of age. If he could prove this to a magistrate or governor, he, his wife, and his son, would all become full citizens. If the father had died before this had occurred, the mother could accomplish the same result. This provision was inserted by Augustus to increase the rate of marriage and childbirth, which, at the time, were both in decline. Augustus also believed that public morals were in a state of decline during his reign, and so by encouraging marriage especially, Augustus was attempting to "restore" the degree of virtue that he believed had existed under the republic.
If a master manumitted his slave in order to defraud his creditors (slaves could be pledged as collateral), the manumission was invalid. A person under the age of twenty could only manumit a slave if he went through the ordinary legal proceeding (consilium).. This provision, and several other provisions did not apply to slaves who had been given membership in certain lower classes of freedmen. These classes were included in these provision, however, upon a decree of the senate during the reign of the Emperor Hadrian
. By the time of the late empire, this law had little importance. This law was passed by virtue of the constitutional forms at the time of Augustus, when the status of a Civis had not yet lost its value, and a semblance of the Constitution of the Roman Republic
still existed (Ulp. Frag. tit. 1; Dig. 28 tit. 5 s57, 60; Dig. 38 tit. 2 s33; Tacit. Ann. XV.55).
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
in 4 AD. It was one of the laws that the Roman assemblies
Roman assemblies
The Legislative Assemblies of the Roman Republic were political institutions in the ancient Roman Republic. According to the contemporary historian Polybius, it was the people who had the final say regarding the election of magistrates, the enactment of new statutes, the carrying out of capital...
had to pass (after they were asked to do so by emperor Augustus). This law (as well as Lex Fufia Caninia
Lex Fufia Caninia
In ancient Rome, the lex Fufia Caninia was one of the laws that national assemblies had to pass, after they were requested to do so by Augustus. This law, along with the lex Aelia Sentia, placed limitations on manumissions...
), has made limitations on manumissions
Status in Roman legal system
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...
. Manumission, or the freeing of a slave, became increasingly important by the early empire. Augustus sought to enact a series of restrictions on the practice, not to limit it, but rather to regulate it. This law stated that for a manumission to be valid a master had to be at least twenty years old and a slave at least thirty. These limitations on manumissions were made when the number of manumissions were so large (at the end of republic and the beginning of empire), that they even questioned the social system of the time.
This law had several provisions. One such provision stated that certain slaves who were manumitted could not become full Roman citizens, but rather would become members of a lower class of freedmen (Peregrini dediticii). If a manumitted slave was under age thirty, he could only achieve full citizenship after a legal proceeding (a "consilia") similar to a family law trial.. These legal proceedings were to be held at pre-determined times in the provinces and in Rome. Any slave under the age of thirty could achieve full citizenship rights without the need for a consilia if his master was insolvent and agreed to free him.. If a slave was freed under the age of thirty, but was not granted full citizenship rights upon his manumission, he could be granted those full citizenship rights if he married a Roman freedwoman or freewoman, and had with this woman a son who was, at the time, at least one year of age. If he could prove this to a magistrate or governor, he, his wife, and his son, would all become full citizens. If the father had died before this had occurred, the mother could accomplish the same result. This provision was inserted by Augustus to increase the rate of marriage and childbirth, which, at the time, were both in decline. Augustus also believed that public morals were in a state of decline during his reign, and so by encouraging marriage especially, Augustus was attempting to "restore" the degree of virtue that he believed had existed under the republic.
If a master manumitted his slave in order to defraud his creditors (slaves could be pledged as collateral), the manumission was invalid. A person under the age of twenty could only manumit a slave if he went through the ordinary legal proceeding (consilium).. This provision, and several other provisions did not apply to slaves who had been given membership in certain lower classes of freedmen. These classes were included in these provision, however, upon a decree of the senate during the reign of the Emperor Hadrian
Hadrian
Hadrian , was Roman Emperor from 117 to 138. He is best known for building Hadrian's Wall, which marked the northern limit of Roman Britain. In Rome, he re-built the Pantheon and constructed the Temple of Venus and Roma. In addition to being emperor, Hadrian was a humanist and was philhellene in...
. By the time of the late empire, this law had little importance. This law was passed by virtue of the constitutional forms at the time of Augustus, when the status of a Civis had not yet lost its value, and a semblance of the Constitution of the Roman Republic
Constitution of the Roman Republic
The Constitution of the Roman Republic was a set of guidelines and principles passed down mainly through precedent. The constitution was largely unwritten, uncodified, and constantly evolving...
still existed (Ulp. Frag. tit. 1; Dig. 28 tit. 5 s57, 60; Dig. 38 tit. 2 s33; Tacit. Ann. XV.55).
See also
- Roman LawRoman lawRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
- Status in Roman legal systemStatus in Roman legal systemIn 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...
- List of Roman laws
- Lex Fufia CaniniaLex Fufia CaniniaIn ancient Rome, the lex Fufia Caninia was one of the laws that national assemblies had to pass, after they were requested to do so by Augustus. This law, along with the lex Aelia Sentia, placed limitations on manumissions...
- Lex Fufia Caninia