Capitis Diminutio
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
Lat. In the civil law. The loss of a status or civil qualification; the change of a man's former condition, (prioris status mutatio.) Inst. 1.
16. pr. 1 Mackeld. Civ. Law, 131, § 121.
This was of three kinds. See Caput, Status. Capitis diminutio maxima; the highest kind of capitis diminutio, when liberty was lost, which carried with it citizenship (civitas,) and family, (familia.) Inst. 1.
16. 1. Dig. 4. 5. 11.
Capitis diminutio media; the less or middle kind of capitis diminutio, when the right of citizenship was lost, (which carried with it family) but liberty was retained.
Inst. 1. 16. 2. Dig. 4. 5. 11.
Capitis diminutio minima; the least or lowest kind of capitis diminutio, when liberty and citizenship were retained, but family or family relations, (otherwise called status hominis,) underwent a change, as by arrogation of a person sui juris, or emancipation of a filius-familias.
Inst. 1. 16. 3. Dig. 4. 5. 11. 1 Mackeld. Civ. Law, 131, § 121.