Page:Roman Constitutional History, 753-44 B.C..djvu/21

 CHAPTER II.

THE ORIGINAL CONSTITUTION OF ROME.

I.

Classes of the Population.—The Roman population at this early period consisted of citizens, dependent persons (clientes), slaves, and foreign residents of various descriptions.

The Citizens.—The body politic (populus) comprised two classes — the citizens and the clients. Citizenship depended on relationship. The citizens (patricii, cives) were primarily the free and legitimate members of the families belonging to the ancient patrician clans of the three tribes (tribus), — the Tities, Ramnes, and Luceres. They were equal before the law and formed one class.

Rights of Citizens.—All male citizens that were of age had certain rights and duties. Their political rights (jura publica) consisted of the right of suffrage in the popular assembly (jus suffragii); of holding office when appointed by the king (jus honorum); of appealing, with the permission of the king, from any lower court to the popular assembly (jus provocationis); of participating in the public worship and holding religious offices (jus sacrorum, auspiciorum, sacerdotiorum).

Their private rights (jura privata) were: to contract a legal marriage according to Roman law (jus conubii), in consequence of which the husband had the peculiar Roman authority over his family (manus and patria potestas) and Rh