Peregrinus (Roman)

"Peregrinus" was the term used during the early Roman empire, from 30 BC to 212 AD, to denote a free provincial subject of the empire who was not a Roman citizen. "Peregrini" constituted the vast majority of the empire's inhabitants in the 1st and 2nd centuries AD. "Peregrini" were effectively second-class citizens, until 212 AD, when all inhabitants of the Empire were granted citizenship.

During the Roman Republic, the term "peregrinus" denoted any person who did not hold Roman citizenship, full or partial, whether that person was under Roman rule or not. Technically, this remained the case under during the imperial era. But in practice the term became limited to subjects of the empire, with inhabitants of regions outside the empire's borders denoted "barbari" (barbarians).

Numbers

In the 1st and 2nd centuries, the vast majority (80-90%) of the empire's inhabitants were "peregrini". By 49 BC, all Italians were Roman citizens.hcref|a|distribution of peregrini Outside Italy, those provinces with the most intensive Roman colonisation over the circa two centuries of Roman rule probably had a Roman citizen majority by the end of Augustus' reign: Gallia Narbonensis (southern France), Hispania Baetica (Andalusia, Spain) and Africa proconsularis (Tunisia). [Brunt (1971)] In frontier provinces, the proportion of citizens would have been far smaller. For example, one estimate puts Roman citizens in Britain ca. 100AD at about 50,000, less than 3% of the total provincial population of ca. 1.7 million. [Mattingly (2006) 166, 168)] In the empire as a whole, we know there were just over 6 million Roman citizens in 47 AD, the last quinquennial Roman census return extant. This was just 9% of a total imperial population generally estimated at ca. 70 million at that time.hcref|b|distribution [Scheidel (2006) 9]

ocial status

In Latin "peregrinus" (from which derives the English word "pilgrim"; root words: "per" + "agere" = to travel far) means "foreigner" or "stranger". But during the early Principate "peregrini" were not foreigners in the literal sense, since they were natives of provinces within the empire: indeed in their own provinces, it was the Romans who were the foreigners. Nonetheless, the superior legal and fiscal position of Roman citizens meant that "peregrini" were reduced to second-class status in their own countries. [Hassall (1987) "passim"]

"Peregrini" were accorded only the basic rights of the ius gentium ("law of peoples"), a sort of international law derived from the commercial law developed by Greek city-states, ["Columbia Encyclopedia" 6th Ed Article: "Roman Law" (Univ of Columbia Press)] that was used by the Romans to regulate relations between citizens and non-citizens. But the "ius gentium" did not confer many of the rights and protections of the "ius civile" ("law of citizens" i.e. what we call Roman law).

In the sphere of criminal law, there was no law to prevent the torture of "peregrini" during official interrogations. "Peregrini" were subject to "de plano" (summary) justice, including execution, at the discretion of the "legatus Augusti" (provincial governor). In theory at least, Roman citizens could not be tortured and could insist on being tried by a full hearing of the governor's assize court i.e. court held in rotation at different locations. This would involve the governor acting as judge, advised by a "consilium" ("council") of senior officials, as well as the right of the defendant to employ legal counsel. Roman citizens also enjoyed the important safeguard, against possible malpractice by the governor, of the right to appeal a criminal sentence, especially a death sentence, directly to the emperor himself.hcref|c|anecdotes [Burton (1987) 431]

As regards civil law, "peregrini" were subject to the customary laws and courts of their "civitas" (an administrative circumscription, similar to a county, based on the pre-Roman tribal territories). Cases involving Roman citizens, on the other hand, were adjudicated by the governor's assize court, according to the elaborate rules of Roman civil law. [Burton (1987) 433] . This gave citizens a substantial advantage in disputes with "peregrini", especially over land, as Roman law would always prevail over local customary law if there was a conflict. Furthermore, the governor's verdicts were often swayed by the social status of the parties (and often by bribery) rather than by jurisprudence. [Burton (1987) 432]

In the fiscal sphere, "peregrini" were subject to direct taxes ("tributum"): they were obliged to pay an annual poll tax ("tributum capitis"), an important source of imperial revenue. Roman citizens were exempt from the poll tax. [Burton (1987) 427] As would be expected in an agricultural economy, by far the most important revenue source was the tax on land ("tributum soli"), payable on most provincial land. Again, land in Italy was exempt as was, probably, land owned by Roman colonies ("coloniae") outside Italy. [Hassall (1987) 690]

In the military sphere, "peregrini" were excluded from service in the legions, and could only enlist in the less prestigious auxiliary regiments. [Goldsworthy (2005) 80]

In the social sphere, "peregrini" did not possess the right of "connubium" ("inter-marriage"): i.e. they could not legally marry a Roman citizen: thus any children from a mixed union were illegitimate and could not inherit citizenship (or property). In addition, "peregrini" could not, unless they were auxiliary servicemen, designate heirs under Roman law. [Mattingly (2006) 204] On their death, therefore, they were legally intestate and their assets became the property of the state.

Local authorities

Each province of the empire was divided into three types of local authority: "coloniae" (Roman colonies, originally founded by retired legionary veterans), "municipia" (cities with "Latin Rights", a sort of half-citizenship) and "civitates peregrinae", the local authorities of the "peregrini". [Hassall (1987) 689]

"Civitates peregrinae" were based on the territories of pre-Roman city-states (in the Mediterranean) or indigenous tribes (in the northwestern European and Danubian provinces), minus lands confiscated by the Romans after the conquest of the province to provide land for legionary veterans or to become imperial estates.

Although the provincial governor had absolute power to intervene in "civitas" affairs, in practice "civitates" were largely autonomous, in part because the governor operated with a minimal bureaucracy and simply did not have the resources for detailed micro-management of the "civitates". [Burton (1987) 426, 434] Provided that the "civitates" collected and delivered their assessed annual "tributum" (poll and land taxes) and carried out required services such as maintaining trunk Roman roads that crossed their territory, they were largely left to run their own affairs by the central provincial administration.

The "civitates peregrinae" were often ruled by the descendants of the aristocracies that dominated them when they were independent entities in the pre-conquest era, although many of these may have suffered severe diminution of their lands during the invasion period. [Mattingly (2006) 454] These elites would dominate the "civitas" council and executive magistracies, which would be based on traditional institutions. They would decide disputes according to tribal customary law. If the chief town of a "civitas" was granted "municipium" status, the elected leaders of the "civitas", and, later, the entire council (as many as 100 men), were automatically granted citizenship. [Hassall (1987) 694]

The Romans counted on the native elites to keep their "civitates" orderly and submissive. They ensured the loyalty of those elites by substantial favours: grants of land, citizenship and even enrollment in the highest class in Roman society, the senatorial order, for those who met the property threshold. [Hassall (1987) 692] These privileges would further entrench the wealth and power of native aristocracies, at the expense of the mass of their fellow "peregrini".

Land ownership

The Roman empire was overwhelmingly an agricultural economy: over 80% of the population lived and worked on the land. [Mattingly (2006) 356] Therefore, rights over land use and product were the most important determinant of wealth. Roman conquest and rule probably led to a major downgrading of the economic position of the average "peregrinus" peasant, to the advantage of the Roman state, Roman landowners and loyal native elites. The Roman empire was a society with enormous disparities in wealth, with the senatorial order owning a significant proportion of all land in the empire in the form of vast "latifundia" ("large estates"), often in several provinces e.g. Pliny the Younger's statement in one of his letters that at the time of Nero (r.54-68), half of all land in Africa proconsularis (Tunisia) was owned by just 6 private landlords. [Thompson (1987) 556] Indeed, the order, which was hereditary, was itself partly defined by wealth, as any outsider wishing to join it had to meet a very high property qualification.

Under Roman law, lands formerly belonging to a surrendering people ("dediticii") became the property of the Roman state. A proportion of such land would be assigned to Roman colonists. Some would be sold off to big Roman landowners in order to raise money for the imperial treasury. [Duncan-Jones (1994) 48] Some would be retained as "ager publicus" (state-owned land), which in practice were managed as imperial estates. The rest would be returned to the "civitas" that originally owned it, but not necessarily returned to its previous ownership structure. Much land may have been confiscated from members of those native elites who opposed the Roman invaders, and, conversely, granted to those who supported them. The latter may also have been granted land that may once have been communal. [Mattingly (1987) 353-4]

The proportion of land in each province confiscated by the Romans after conquest is unknown. But there are a few clues. Egypt is by far the best-documented province due to the survival of papyri in the dry conditions. There, it appears that probably a third of land was "ager publicus". [Duncan-Jones (1994) 48] From the evidence available one can conclude that, between imperial estates, land assigned to "coloniae", and land sold to Roman private landowners, a province's "peregrini" may have lost ownership of over half their land as a result of the Roman conquest. Worse, the Roman colonists would routinely help themselves to the best land.

Little is known about the pattern of land ownership before the Roman conquest, but there is no doubt that it radically changed after the Roman conquest. In particular, many free peasants who had farmed the same plots for generations (i.e. were owners under tribal customary law) would have found themselves reduced to tenants, obliged to pay rent to absentee Roman landlords or to the agents of the "procurator", the chief financial officer of the province, if their land was now part of an imperial estate. [Mattingly (1987) 354] Even where their new landlord was a local tribal aristocrat, the free peasant may have been worse off, obliged to pay rent for land which he might previously have farmed for free, or pay fees to graze his herds on pastures which might previously have been communal.

Enfranchisement

The proportion of Roman citizens would have grown steadily over time. Emperors occasionally granted citizenship "en bloc" to entire cities, tribes or provinces e.g. emperor Otho's grant to the Lingones "civitas" in Gaul 69 AD [Tacitus I.78] or to whole auxiliary regiments for exceptional service. [Goldsworthy (2005) 97]

"Peregrini" could also acquire citizenship individually, either through service in the auxilia for the minimum 25-year term, or by special grant of the emperor for merit or status. The key person in the grant of citizenship to individuals was the provincial governor: although citizenship awards could only be made by the emperor, the latter would generally act on the recommendation of his governors, as is clear from the letters of Pliny the Younger. As governor of Bithynia, Pliny successfully lobbied his boss, the emperor Trajan (r.98-117), to grant citizenship to a number of provincials who were Pliny's friends or assistants. [Pliny the Younger VI.106] In addition, bribery of governors, or other high officials, was undoubtedly a much-used route for wealthy "peregrini" to gain citizenship. This was the case of the commander of the Roman auxiliaries who arrested St Paul the Apostle in 60 AD. He confessed to Paul: "I became a Roman citizen by paying a large amount of money." [Acts of the Apostles 22] Inhabitants of cities that were granted "municipium" status (as were many capital cities of "civitates peregrinae") acquired Latin rights, which included "connubium", the right to marry a Roman citizen. The children of such a union would inherit citizenship.

In 212 AD, the "constitutio Antoniniana" (Antonine decree) issued by emperor Caracalla (ruled 211-8) granted Roman citizenship to all free subjects of the empire, thus ending the second-class "peregrini" status.

The contemporary historian Dio Cassius ascribes a financial motive to Caracalla's decision. He suggests that Caracalla wanted to make the "peregrini" subject to two indirect taxes that applied only to Roman citizens: the 5% levies on inheritances and on the manumission of slaves (both of which Caracalla increased to 10% for good measure). [Dio Cassius LXXVIII.9] But these taxes would probably have been outweighed by the loss of the annual poll tax previously paid by "peregrini", from which as Roman citizens they would now be exempt. It seems unlikely that the imperial government could have foregone this revenue: it is therefore almost certain that the Antonine decree was accompanied by a further decree ending Roman citizens' exemption from direct taxes. In any case, citizens were certainly paying the poll tax in the time of emperor Diocletian (r. 282-305). [Duncan-Jones (1990) 52] In this way the Antonine decree would indeed have greatly increased the imperial tax base, primarily by obliging Roman citizens (by then perhaps 20-30% of the population) to pay direct taxes: the poll tax and, in the case of owners of Italian land and Roman "coloniae", the land tax.

Notes

Citations

References

Ancient

* Bible "New Testament" (late 1st c.)
* Dio Cassius "History of Rome" (early 3rd c.)
* Pliny the Younger "Epistulae" (early 2nd c.)
* Tacitus "Historiae" (late 1st c.)

Modern

* Brunt, P. A. (1971) "Italian Manpower"
* Burton, G. (1987) "Government and the Provinces" in J. Wacher ed. "The Roman World" Vol I
* Duncan-Jones, Richard (1990) "The Roman Economy"
* Duncan-Jones, Richard (1994) "Money & Government in the Roman Empire"
* Goldsworthy, Adrian (2005) "The Complete Roman Army"
* Hassall, Mark (1987) "Romans and non-Romans" in J. Wacher ed. "The Roman World" Vol II
* Mattingly, David (2006) "An Imperial Possession: Britain in the Roman Empire"
* Scheidel, William (2006) "Population & Demography" (Princeton-Stanford Working Papers in Classics)
* Thompson, D.J. (1987) "Imperial Estates" in J. Wacher ed. "The Roman World" Vol II

See also

Roman citizen