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The Ancient Rome state encountered various kinds of external and internal emergencies. As such, they developed various responses to those issues.
When faced with an emergency, the early Roman Republic appointed Roman dictator who would take charge of the emergency with relatively loose bounds of action and resolve that crisis before resigning. Through the Republic, various decrees allowed dictators and magistrates to conduct emergency levies of troops and suspend public business. During the late Roman Republic, the senatus consultum ultimum emerged wherein the Roman Senate would urge the magistrates to break the laws to ensure the safety of the state, usually with the promise of political and legal cover if the magistrates were later brought to account. A further decree was introduced where the senate stripped targets of their citizenship rights, allowing magistrates to treat them as foreign enemies.
The fall of the Roman Republic and the emergence of autocracy made most of the Republican decrees obsolete. The problems of public order they were meant to resolve were themselves resolved by the introduction of police forces. Various people, usually deposed Roman emperor or provincial rebels, continued to be declared public enemies ( hostis), but as the use of force became a normal part of imperial rule, various decrees authorising that use of force became unnecessary.
Magistrates operating under the decree gained political cover to take whatever illegal actions thought necessary to resolve a crisis. Actions taken under such decree were not legal or immunised, but magistrates prosecuted for crimes – usually the crime of killing a citizen without trial – committed in executing such a decree could escape punishment if they were able to justify their actions.
According to Cicero, the early Roman Republic distinguished between two kinds of tumultus: a tumultus Italicus referring to a war in Italy – which in the late Republic meant a civil war – and a tumultus Gallicus referring to an attack by the Gauls. Tumults also were declared against slave uprisings and, in the late Republic, may have been declared by the senate or on consular authority alone after passage of a senatus consultum ultimum. To that end, it was repurposed as a means to raise militias to put down armed insurrections.
In the middle Republic, the tumultus' emergency levy was the only time that citizens without sufficient property to qualify for military service (the capite censi or proletarii) were enrolled into the military; in 281 BC, responding to the Pyrrhic War, the levied proletarii were also first armed at state expense. In the later Republic, the declaration remained a means to admit volunteers and quickly raise an army for the duration of the emergency. For the declaration's duration, plebeian tribunes also were sometimes asked to turn a blind eye to the enforcement of laws exempting certain classes of people, such as the elderly, from military service.
The first men to be declared hostis were Gaius Marius and eleven of his supporters during Sulla's consulship in 88 BC; later, Sulla was voted hostis by the senate under the domination of Lucius Cornelius Cinna. Its passage was controversial: Quintus Mucius Scaevola Augur objected to such a vote in the first instance against Marius, and later, some senators sought not to attend meetings of the senate where such declarations were likely to be proposed.. See Cic. Cat., 4.
A declaration that someone was hostis, however, persisted: when a usurper could not immediately be suppressed or a coup was displacing the current emperor, a few cases emerge where the senate declared the usurper or former emperor enemy of the state. The emergence of autocratic rule also degraded the normal protections available to Roman citizens. Hostis declarations also were used against provincial revolts, which had the effect of classifying provincial rebellions in terms of foreign wars rather than internal security measures.
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