Legal Definitions - forisfactus servus

Forisfactus Servus

A forisfactus servus is a historical legal term referring to a person who had been granted freedom from slavery but subsequently lost that freedom and was returned to servitude as a penalty for committing a crime. In essence, their emancipation was revoked due to their criminal actions.

Here are some examples to illustrate this concept:

• Example 1: The Artisan's Theft

  Imagine a former slave named Marcus, who, after years of diligent service, was granted his freedom and established himself as a skilled potter in a Roman town. One day, driven by desperation, Marcus is caught stealing valuable goods from a merchant's warehouse. Under the laws of that era, committing such a serious crime by a freedman could result in the forfeiture of his freedom. If the court ruled that his crime warranted this punishment, Marcus would become a forisfactus servus, losing his status as a free man and being returned to a state of servitude, perhaps even sold to a new master.

• Example 2: The Freedwoman's Violent Act

  Consider a woman named Lyra, who earned her freedom through a special decree for her exceptional work as a healer. She lives independently, but one evening, she becomes involved in a heated dispute with a neighbor that escalates into a violent physical assault, causing severe injury. If the legal system of the time deemed this act of violence a sufficiently grave offense, especially for someone who had been granted freedom, Lyra could be declared a forisfactus servus. Her freedom would be revoked, and she would be compelled to return to servitude as a consequence of her criminal behavior.

• Example 3: The Former Gladiator's Rebellion

  Picture a former gladiator, Spartacus (a fictional character, not the historical figure), who, after winning his freedom in the arena, settled down to a quiet life. However, he secretly became involved in a conspiracy to overthrow the local governor, a crime considered treasonous. When the plot is uncovered and Spartacus is implicated and found guilty, the severe nature of his crime against the state could lead to the revocation of his hard-won freedom. He would then be classified as a forisfactus servus, stripped of his liberty and forced back into slavery as punishment for his rebellious actions.