Capitis Diminutio

In Roman law. A diminishing or abridgment of personality. This was a loss or curtailment of a man's status or aggregate of legal attributes and qualifications, following upon certain changes in his civil condition. It was of three kinds, enumerated as follows: Capitis diminutio maxima. The highest or most comprehensive loss of status. This occurred when a man's condition was changed from one of freedom to one of bondage, when he became a slave. It swept away with it all rights of citizenship and all family rights. Capitis diminutio media. A lesser or medium loss of status. This occurred where a man lost his rights of citizenship, but without losing his liberty. It carried away also the family rights. Capitis diminutio minima. The lowest or least comprehensive degree of loss of status. This occurred where a man's family relations alone were changed. It happened upon the arrogation of a person who had been his own master, (sui juris,) or upon the emancipation of one who had been under the patria potestas. It left the rights of liberty and citizenship unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom. Law, § 144.

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.