Legal Definitions - caput

In Roman law, caput referred primarily to a person's legal standing or status within society. It encompassed their capacity to hold rights and duties, defining their legal personality. A person's caput was determined by three key elements, often called the "tria capita" (three heads): their liberty (whether free or enslaved), their citizenship (whether a Roman citizen or a foreigner), and their family rights (their position within a Roman family structure). A change in any of these elements could significantly alter a person's legal rights and responsibilities.

• Example 1: Loss of Liberty

  Imagine a Roman citizen, born free, who was captured in war and subsequently sold into slavery. In Roman law, this individual would suffer a complete loss of their caput. As a slave, they were considered property, not a legal person, and therefore lost their capacity to hold rights or duties. Their legal status was extinguished, even though they remained a human being.

  Explanation: This illustrates how the fundamental element of liberty was crucial to one's caput. Losing freedom meant losing legal personality and all associated rights.

• Example 2: Gaining Citizenship

  Consider a free person living in a territory conquered by Rome, who was initially considered a foreigner (a "peregrinus"). Over time, the Roman state might grant this individual Roman citizenship. This act would significantly elevate their caput. They would gain the full rights of a Roman citizen, such as the right to vote, marry according to Roman law, own property under Roman law, and participate in Roman legal processes.

  Explanation: This demonstrates how a change in citizenship, one of the "tria capita," directly impacted a person's legal status, granting them a broader range of rights and greater legal capacity.

• Example 3: Changes in Family Status

  A Roman citizen who was adopted into a new family would experience a change in their caput related to their family rights. For instance, if a son who was under the authority of his birth father (patria potestas) was adopted by another head of household, his legal relationship to his original family would be severed, and he would come under the authority of his new adoptive father. This altered his inheritance rights, his legal obligations, and his position within the family structure.

  Explanation: This example highlights how changes within the family structure, specifically regarding family rights, constituted a modification of a person's caput, affecting their legal standing and relationships within Roman society.