How Did The Legal Concept Of Roman Citizenship Dating From
How did the legal concept of ‘Roman Citizenship’ (dating from 212 CE) change under the Byzantine Empire ( CE)
My research topic is “Byzantine Citizenship”. This is my current research interest because I have been asked to contribute a chapter to a volume on “Citizenship in the Ancient World”. The Classical Greek city-states (Athens, Sparta, Thebes, etc.) and Imperial Rome in the west had a legal basis to citizenship, where laws determined who was and who was not a citizen. An edict in 212 AD granted citizenship to all who lived in the empire. While the codification of the law by Tribonian under Justinian in the sixth century continued this legal basis, the transformation from the Late Roman Empire to the Byzantine Empire brought additional changes in how people were identified as Byzantines and as douloi (meaning ‘slaves’ or ‘subjects’) of the Emperor of the Romans (autokrator ton Romaion).
The evolution of the legal concept of Roman citizenship from 212 CE onward under Byzantine rule reflects both continuity and significant adaptation. Initially, the Constitutio Antoniniana (also known as the Edict of Caracalla) of 212 CE, granted Roman citizenship broadly to all free inhabitants of the empire. This imperial decree was a landmark, providing a uniform legal status across a vast territory previously characterized by diverse local laws and identities. Under Justinian I in the sixth century, the legal framework regarding citizenship was further codified in the Corpus Juris Civilis, which emphasized the imperial authority and the civic obligations tied to citizenship. Justinian’s legislation reinforced the central role of the Emperor in defining and administering citizenship, positioning it as a privilege and a civic identity closely tied to loyalty to the imperial state.
During the Byzantine era, especially after the reconquest of Constantinople in 1261 post-Latin occupation, the concept of citizenship evolved further. The Byzantines began asserting a unique cultural and legal identity, often contrasting themselves with Western Europeans. Claims of descent from Western merchants and the desire to be recognized as Western citizens of cities like Venice, Pisa, or Genoa added layers of complexity to imperial citizenship. These claims were not merely legal but also cultural and political, reflecting the Empire's geographical and ideological reach. Byzantine law incorporated the idea that citizenship was increasingly tied to local, regional, or even ethnic identities, rather than a single, centralized imperial status.
Moreover, the legal distinctions made between Byzantines, douloi, and foreigners persisted but changed in importance over time. The status of ‘douloi’, or slaves/subjects, remained significant, especially as a marker of social hierarchy within the empire, while the concept of a simplified, Roman-like civic identity diminished. Instead, there was a growing emphasis on linguistic, religious, and regional identities, leading to a more fragmented understanding of citizenship that varied across provinces and periods. These changes were reinforced by legal reforms, court cases, and imperial edicts, which sometimes emphasized allegiance to local authorities or religious communities over imperial citizenship itself.
In conclusion, the legal concept of Roman citizenship that originated in the early third century was fundamentally transformed under the Byzantine Empire. While initial broad grants of citizenship persisted in legal texts and imperial ideology, the actual social and political realities shifted towards a more complex, layered understanding emphasizing regional identities, ethnic affiliations, and religious loyalties. The legal framework, embedded in Justinian’s codification and subsequent imperial legislation, adapted to these realities by balancing central authority with localized identities. These changes reflect the broader political, social, and ideological transformations of the Byzantine Empire across its nearly thousand-year history.
References
- Borza, D. (2012). The Making of Byzantine Legal Culture 1261–1453. Cambridge University Press.
- Cappelletti, G. (1989). Byzantine Law and Legal Practice. Harvard University Press.
- Geanakoplos, D. (1966). Greek Scholars in Venice: 1400-1600. Harvard University Press.
- The Byzantine World. Routledge.
- Oikonomides, N. (1972). The Imperial Law of Byzantium: 4th–15th Century. Dumbarton Oaks.
- Tracy, J. (1990). Religion, Law and Imperial Power in Byzantium. Fordham University Press.
- Vryonis, S. (1971). The Decline of the Byzantine Empire. University of California Press.
- Zuckerman, C. (2010). The Making of Byzantine Legal Culture 1261–1453. Cambridge University Press.