Legal Definitions - incola

In Roman law, an incola referred to a foreign resident living within Roman territory who did not possess full Roman citizenship and, consequently, lacked certain civil rights.

Essentially, an incola was an inhabitant of a Roman province or colony who was not a Roman citizen. While they resided within the Roman sphere of influence, paid taxes, and contributed to the local economy, their legal status was distinct from that of a Roman citizen. This distinction meant they did not enjoy the complete range of legal protections, political participation, or social privileges afforded to full citizens.

• Example 1: Imagine a skilled artisan from a Greek city-state, whose territory had recently been incorporated into the Roman province of Achaea, decides to move and settle in the Roman colony of Corinth. He establishes a workshop, employs local labor, and contributes to the city's economy for many years. However, as an incola, he would not have the right to vote in Roman elections, serve in the Roman legions, or access certain Roman legal protections reserved for citizens, such as the full right to appeal to Roman courts under civil law.

  This example illustrates the artisan's status as a long-term resident within Roman territory who, despite his contributions, lacked the full civil and political rights of a Roman citizen.

• Example 2: Consider a merchant from a neighboring kingdom, like Parthia, who establishes a permanent residence and trading post in a Roman frontier province, such as Syria. He conducts extensive business, pays local taxes, and integrates into the provincial community. Despite his significant economic activity and long-term residency, he remains an incola. This means he might face limitations on property ownership, marriage rights with Roman citizens, or the ability to make a will that would be fully recognized under Roman civil law, distinguishing him from a Roman citizen living in the same province.

  Here, the merchant's situation highlights how a foreign resident, even one deeply embedded in the local economy, was legally distinct from a Roman citizen due to their lack of full civil rights.

• Example 3: A family from an Egyptian village, after Egypt became a Roman province, decides to relocate to the bustling city of Alexandria, which was under Roman administration. They establish a new life, work in various trades, and raise their children there. As incolae, they would be subject to Roman provincial law and administration but would not possess the full legal standing of Roman citizens. This could impact their ability to hold public office within the Roman system, participate in certain legal contracts, or inherit property under the specific provisions of Roman civil law, which were often more favorable to citizens.

  This scenario demonstrates how an entire family could reside within Roman territory for generations without acquiring full Roman citizenship, thus remaining incolae with limited civil rights compared to their citizen counterparts.