Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

CIVITAS,.CIVITAS'. 291
becoming a candidate for the magistracies, he not belong to any person not a hlembnir of this
was possessed of lands and slaves, and was thus civitas, are omitted in the enumeration, it is art
exempt from all care about the necessaries of life; incomplete enumeration; for the rights and duties
secondly, on the field of battle he always served not expressly included must be assumed as common
amongst the hoplites; thirdly, he participated in to the members of this civitas and to all the world,
the Spartan education, and in all other Dorian or, to use a Roman expression, they exist jure
institutions, both civil and religious. The re- gentium. Having enumerated all the characterluctance which Sparta showed to admit foreigners istics of the members of any given civitas, we have
was proportioned to the value of these privileges: then to show how a man acquires them, and how
indeed Herodotus (ix. 35) says that Sparta had he loses them, and the notion of a member of such
only conferred the full franchise in two instances. civitas is then complete.
In legal rights all Spartans were equal; but there Some members of a political community (cives)
were yet several gradations, which, when once may have more political rights than others; a
formed, retained their hold on the aristocratic principle by the aid of which Savigny (Geselichte
feelings of the people. (Miller, Dorians, iii. 5. des MRm. Rechts imn Mittelalter, c. ii. p. 22) has
~ 7.) First, as we should naturally expect, there expressed briefly and clearly the distinction bewas the dignity of the Heraclide families; and, tween the two great classes of Roman citizens
connected with this, a certain pre-eminence of the under the republic: -" In the free republic
Hyllean tribe. Another distinction'was that be- there were two classes of Roman citizens, one
tween the 0aoeol and v7rouemLoes, which, in later that bad, and another that had not, a share in
times, appears to have been considerable. The the sovereign power (opttimo jure, non o]ptiio jsBre
latter term probably comprehended those citizens eives). That which peculiarly distinguished the
who, from degeneracy of manners or other causes, higher class was the right to vote in a tribe, and
had undergone some kind of civil degradation. To the capacity of enjoying magistracies (s/oLagafisne
these the byolom were opposed, although it is not et ionores)." According to this view, the jus civicertain in what the precise difference consisted. It tatis comprehended part of that which the Romans
need hardly be added, that at Sparta, as elsewhere, called jus publicuLm, and also, and most particularly,
the union of wealth with birth always gave a sort that which they called jus privatum. The jus
of adventitious rank to its possessor. privatum comprehended the jus connubii and jus
All the Spartan citizens were included in the cornmercii, and those who had not these had no
three tribes, Ilylleans, Dymanes or Dymanatae, citizenship. Those who had the jus suffragiorum
and Pamphilians, each of which were divided into and jus honorum had the complete citizenship, or,
ten obes or phratries. Under these obes there must in other words, they were optimo jure cives. Those
undoubtedly have been contained some lesser sub- who had the privatum, but not the publicum jus4
division, which Miiller, with great probability, were citizens, though citizens of an inferior class.
supposes to have been termed Tpmiatcd. The citizens The jus privatum seems to be equivalent to the
of Sparta, as of most oligarchical states, were land- jus Quiritium, and the civitas Romana to the jus
owners, although this does not seem to have been publicum. Accordingly, we sometimes find the
looked upon as an essential of citizenship. jut Quiritium contrasted with the Romana civitas.
It would exceed the limits of this work to give (Plin. Ep. x. 4. 22; Ulp. Fogag. tit. 3. ~ 2.) Livy
an account of the Grecian constitutions, except so (xxxviii. 36) says that until B. C. 188, the Formiani,
far as may illustrate the rights of citizenship. Fundani, and Arpinates, had the civitas without
W~hat perversions in the form of government, ac- the suffragium; and, at an earlier time, the people
cording to Greek ideas, were sufficient to destroy of Anagnia received the " Civitas sine suffragii lathe essential notion of a citizen, is a question tione." (Liv. ix. 43.)
which, following Aristotle's example (Pol. iii. 5), Ulpian (Frag. tit. 5. ~ 4; 19. ~ 4; 20. ~ 8;
we may be content to leave undecided. He who, 11. ~ 6) has stated a distinction, as existing in lhis
being personally free, enjoyed the fullest political time among the free persons who were within the
privileges, participated in the assembly and courts political limits of the Roman state, which it is of
of judicature, was eligible to the highest offices, great importance to apprehend clearly. There were
and received all this by inheritance friom his an- three classes of free persons, Cives, Latini, and
cestors, most entirely satisfied the idea which the Peregrini. Gaius (i. 12) points to the same diviGreeks expressed in the word rorxfmas. [B. J.] sion, where he says that a slave, when made free,
2. ROMiAN. Civitas means the whole body of might become a Civis Romanus, or a Latinus, or
cives, or members, of any given state. Civitates might be in the number of the peregrini dediticii,
are defined by Cicero (Somnz. Scip. c. 3) to be " con- according to circumstances. Civis, according to
cilium coetusque hominum jure sociati." A civitas Ulpian, is lie who possesses the complete rights of
is, therefore, properly a political community, so- a Roman citizen. The Peregrinses had not comvereign and independent. The word civitas is mercium and connubium, which were the characfrequently used by the Roman writers to express teristic rights of a Roman citizen, not viewed in
the condition of a Roman citizen, as distinguished his political capacity; but the Peregrinus had a
from that of other persons not Roman citizens, as capacity for making all kinds of contracts which
in the phrases dare civitatemo, donate civitate, were allowable by the jus gentium. The Latinus
isurpare civcittenm. was in an intermediate state; he had not the conIf we attempt to distinguish the members of any nubium, and consequently he had not the patria
given civitas from all other people in the world, potestas nor rights of agnatio'; but he had the
we can only do it by enumerating all the rights commercium or the right of acquiring quiritariamn
and duties of a member of this civitas, which are ownership, and he had also a capacity for all acts
not rights and duties of a person who is not a incident to quriritarian ownership, as vindicatio, in
member of this civitas. If any rights and duties jure cessio, mancipatio, and testallenti factio, which
which belong to a member of this civitas, and do last comprises the power of making awill in Romatf
u2