ОСЛОБОЂЕНИЦИ (ЛИБЕРТИНИ) У ДОБА ОКТАВИЈАНА АВГУСТА
LIBERTINI AT THE TIME OF OCTAVIAN AUGUSTUS

Summary/Abstract: In the course of different historical periods of the Ancient Rome (and almost 13 centuries of the development of law), the problems related to the liberation from slavery {manumissiones) and the status of the liberated slaves (libertini) are significant and quite complex, not only regarding the position of this category in the population structure but also in respect of the nature of the data from the original sources. Depending on the period under observation, the number and the status of libertini varied; there were certain points in time when some of them might have had a significant role in the society but, generally, they had always been in a less favourable position as compared to the "freeborn" persons (ingenui). Considering the course of the entire Roman history, it would take an extensive study to provide a comprehensive overview of the numerous aspects of these issues (which are generally given insufficient consideration in the domestic literature). Therefore, the subject matter of this paper is confined only to the time of Octavian Augustus, the first Roman princeps, and his legislative reform in the field of manumissiones and the status of libertini. By presenting these issues, the author's objective in this paper is to challenge and refute the wide-spread opinion about the period of time when one of the laws on manumissiones was adopted, and to point out to the significance of Augustus' legal reforms in the field of liberation from slavery. There is no doubt that these reforms, along with other legal developments, affected the further course of the Roman history and certainly contributed to the fact that the first two centuries of the Roman Principate - designated as " pax Romano"- were to be remembered as the time of peace and prosperity. Following the introductory explanation, the author reviews the political success of Octavian Augustus, which was to a large extent achieved due to the substantial legislation adopted at the time. After the devastating wars, Augustus aspired to reconstruct and secure the stability and the glory of the Roman Empire for the generations to come. In due course, his aim was to strengthen the higher social layers of citizenry, which was to be achieved by two sets of measures: by contracting marriages and increasing matrimonial posterity on the one hand, and by providing the citizenry with the safeguards against, as the prihceps often pointed out, "the influx of foreign and slavish blood". Tlie ensuing result was the adoption of extensive marriage and family legislation, as weir as the legislation on the liberation of slaves and the status of libertini. The author points out that Augustus5 aim was not to absolutely prevent the liberation of slaves, which was neither practical not viable, but to introduce some order and system into this area in order to ensure that the citizen status was not obtained by the unworthy and unrespectable people. In view of some original source data and the close bonds between the two legislations, in this paper the author disproves the wide-spread opinion that lex Iunia (which strictly prescribed the forms of liberation) was adopted after Augustus' time, under the rule of Tiberius. Hie author supports the opinion of C. Atkinson that lex Iunia was adopted as the first law on manumissiones approximately around the year 25BC. This law established the category of liberated slaves who were named Latini Iuniani. Hie author further provides an overview of two other laws on manumissiones. The former, Lex Fufla Caninia from the year 2BC, restricted the number of emancipations by means of testamentary disposition (a will); the latter, Lex Aelia Sentia from the year 4AD, envisaged certain conditions for the liberation of slaves: the master could not be under the age of 20, the slave could not be under the age of 30, and the liberation could not be effected in fraudem creditorum. Hie latter law also envisaged some exclusionary rules. Providing that the forms of liberation from slavery (manumissio vindicta, testamento, censu, or informal liberation) were observed, and depending 011 the observance of the legally envisaged requirements as well as the former conduct of the slaves, libertini were divided into three categories: libertini cives Romania libertini Latini Iuniani, and libertini peregrini dedititii. In this paper, the author provides a brief overview of the status of each category and the limitations which affected the libertini position. The position of libertini peregrini didititii was the most difficult, as they could never obtain the citizen status. Being given the status of citizens, libertini cives Romani had the best placement among the libertini but their position was still less favourable as compared to the freeborn citizens {ingenui). They had 110 right of ius honorum, and their ius sufragii was to some extent limited. I11 the area of private law, they had a limited ius conubii as compared to the ingenui highest senator rank, whereas ius liberorum (the right obtained through children) was much more stringent for them than for the ingenui. On the other hand, even when awarded some special privilege, libertini remained in the patronage relations with their masters which implied special respect and obedience (obsequium), the violation of which could result in re-enslavery. Beside the common expressions of respect, libertini were obliged to materially help the patron and to perform certain services for the patron. In conclusion, the author states that, along with marriage and family legislation, the legislation on liberated slaves also contributed to Augustus' establishment of the system which would bring at least two centuries of peace and prosperity to the Ancient Rome.

• Details
• Contents