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Military Diplomas and the Legal Integration of the Roman Empire: Two Military Diplomas from Croatia (CROSBI ID 38431)

Prilog u knjizi | izvorni znanstveni rad

Karlović, Tomislav ; Milotić, Ivan Military Diplomas and the Legal Integration of the Roman Empire: Two Military Diplomas from Croatia // Crossing Legal Cultures / Beck Varela, Laura ; Gutiérrez Vega, Pablo ; Spinosa, Alberto (ur.). München: Martin Meidenbauer Verlagsbuchhandlung, 2009. str. 43-57

Podaci o odgovornosti

Karlović, Tomislav ; Milotić, Ivan

engleski

Military Diplomas and the Legal Integration of the Roman Empire: Two Military Diplomas from Croatia

The Rise of the Roman Res publica and the Roman Law achieved its first peak at the time of the Punic wars. First significant conquests brought Rome the glory and the fortune, but also incorporated large geographical areas and many people, of different ethnical and tribal origin, within its boundaries. The new citizens in the modern meaning of the word, were indeed the foreigners. Separated from the Romans with the invisible, but very sophisticated curtain, strict rules of ius civile, based on the privileges of the Roman citizens (commercium, connubium, civitas Romana), they were yet economically closely connected. The need to integrate them into the Roman legal system was obvious and was first met with the development of the flexible law ? ius gentium. In 242 B.C. praetor peregrinus was appointed to apply in the area of growing legal activity between the non-Romans and between the Romans and non-Romans. That was the beginning of the process of internal integration and consolidation of the Roman state. Honouring the allies and granting them citizenship was the road to the Romanization. Allowing the peregrines to trade with the Romans were the means of their subjugation and control. Both processes founded on the expansion of the Roman legal culture, were performed by ?pulling? the peregrines ?out? of their original legal systems and their inclusion into the Roman state by iuris gentii. It was the process of the first global legal integration in the Mediterranean - marked by the transfer of the native population from the primitive peregrine laws to the global law of the Roman state. Such legal processes, which were in fact transfers from one legal culture into another, took place in the Roman army since the reign of Claudius. A large number of soldiers, especially the members of the auxiliary forces and of the maritime fleet, were non-Romans, i.e. they did not have civitatem Romanam. Because of their significant share in the Roman army and because of their enormous credits (starting from the Roman invasion of Britannia), Emperors issued military diplomas in order to grant them and their wives Roman citizenship or to legalize their marriages under Roman law. It was an exceptional process of ethnical and legal integration of non-Romans into the new legal and social culture. Accepting non-Roman soldiers into the Roman legal culture was in fact legal and ethnical fortification of the Empire which since Emperor Augustus experienced the problem of low birth rates among the Romans. Also, military diplomas were a way of ?legal globalization? and Romanization of the Empire with ethnicities which would forever remain loyal to Rome. In the continuation we present two military diplomas which primarily demonstrate the mentioned process. The first one is a recently found military diploma that applies to Liccaius, son of Bersius from Marsunia in Panonia. The name of the soldier implies that he was a native of the Panonian tribe Breuci. He was a member of the famous maritime fleet from Misenum. Emperor Vespasian took legal care of this soldier of the peregrine origin by granting him Roman citizenship and legalizing the marriage to his current wife under Roman law. What did this act accomplish in terms of ethnical, legal and sociological integration? Liccaius, a soldier loyal to Rome acquired the Roman citizenship, which made him an ?eternal? protector of the Roman idea. As opposed to the usual belief in the impossibility of convalidation in Roman law, the marriage of Liccaius and his wife, contracted under the peregrine law of the wife, became matrimonium iustum. Liccaius, his wife and their offspring by this act became members of the new legal culture and a part of its ethnical and legal backbone. It can be perceived that diplomas served to suppress polygamy (poliginy) since only one wife became a lawful wife, and for those who were unmarried, only the marriage with one woman of the native would become lawful. The second diploma, dating from 194 AD, was granted to Roman citizen Lucius Vespenus, born in the Italian town of Faenza. It differs from the first one. As a member of the Roman city cohort, he was granted a legal right of marriage to a native (peregrine) to whom he previously contracted a marriage under the law of her tribe. Vespenus was a citizen of Rome by birth, so there was a need for his wife to become a member of the Roman legal culture, which could have been done by acknowledging their marriage a valid Roman marriage. Acknowledgment of their legal right of marriage, by one legal fiction, would make both her and the offspring born from such a marriage Roman citizens. It can be said that Roman military diplomas were identity cards, certificates of citizenship of the Roman age. They witnessed the division of the worlds inside the same state ; they were a many step taken on the road to assimilation, to the final Constitutio Antoniniana. Their role was primarily legal, in the integration, transfer from one of the many non-Roman legal cultures into the One - Roman. But apart from the legal role, diplomas carry a deep social and cultural mark of the efforts to ensure coexistence and prosperity of the different populations ; to secure Pax Romana by expanding the limits of Roman citizenship. They were genuine means of crossings of the legal cultures, the first ?ladle? in the antique melting pot.

Roman Law, Military Diploma, Legal Integration, connubium, civitas

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Podaci o prilogu

43-57.

objavljeno

Podaci o knjizi

Crossing Legal Cultures

Beck Varela, Laura ; Gutiérrez Vega, Pablo ; Spinosa, Alberto

München: Martin Meidenbauer Verlagsbuchhandlung

2009.

9783899751543

Povezanost rada

Pravo