60 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Finally, when a person ceased to belong to a particular family, without losing his liberty or citizenship, he was said to suffer the least change of state, as for instance, where one sui juris came under the power of another by arrogation, or a son who had been under the patria potestas was legally emancipated by his father.
Citizenship was acquired first by birth. In a lawful marriage the child followed the condition of the father, and became a citizen, if the father was so at the time of conception. If the child was not the issue of justoe nuptioe, it followed the condition of the mother at the time of its birth. Secondly, by manumission, according to the formalities prescribed by law, the slave of a Roman citizen became a citizen. This rule was modified by the laws. Elia Sentia and Junia Norbana, according to which, in certain cases, the freedman acquired only the status of a foreigner, peregrinus dedititius or of a Latin, Latinus Junianus. Justinian restored the ancient principle, according to which every slave, regularly enfranchised, became in full right a Roman citizen. Thirdly, the right of citizenship was often granted as a favour, either to a whole community or to an individual, by the people or the senate during the republic, and by the reigning prince during the empire; and this was equivalent to what the moderns call naturalisation.
Citizenship was lost—Firstly, by the loss of liberty—as, for instance, when a Roman became a prisoner of war; secondly, by renouncing the character of Roman citizen, which took place when anyone was admitted a citizen of another state; thirdly, by a sentence of deportation or exile, as a punishment for crime.
The civil status of a person under the Roman Law may or may not be civis optimo jure . Civis optimo jure included not only capacity for civil rights but also capacity for political rights such as jus suffragii et honorum, i.e., the right to vote and the capacity to hold a public office. Capacity for political rights depended upon existimatio. Existimatio means reputation in the eye of the law. A Roman citizen may have caput as well as existimatio . On the other hand, a Roman may have caput but may not have existimatio. Whoever had caput as well as existimatio had civil rights as well as political rights. Whoever had caput but had no existimatio could claim civil rights only. He could not claim political rights.
A person’s existimatio was lost in two ways. It was lost by loss of freedom or by conviction for an offence. If a person lost his freedom his existimatio was completely extinguished. Loss of existimatio by