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The Woman in the Roman Society.

The Woman in the Roman Society.
Unit 6

Marriage: The Purpose of Marriage. Ways of Contracting. Law versus Custom. Biology of Marriage

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Women5 Women5 Presentation Transcript

  • MarriageThe Purpose of Marriage Ways of Contracting: law versus Custom Biology of Marriage
  • The Purposeof Marriage
  • Why marry?Pseudo-Demostenes, Against Neira:This is matrimony: when a man begets childrenand presents his sons to his phratry and deme,and gives his daughters, as being his own inmarriage to their husbands. Hetaerae we keep forour pleasure, concubines / servants (pallakai) fordaily attendance upon our person, but wives forthe procreation of legitimate children and to bethe faithful guardians of our households.
  • The Roman ViewModestinus....D. 23.2.1 (Modestinus, [28] Rules, book 1).Marriage is the union of male and femaleand the sharing of life together (consortiumomnis vitae), involving both divine andhuman law.
  • One must marry: Augustus’ reasoning of his Laws on Marriage: a quote from 131BC speech of Q. Caecilius Metellus Macedonicus:... if we could survive withouta wife, citizens of Rome, all ofus would do without thatnuisance; but since nature hasso decreed that we cannotmanage comfortably withthem, nor live in any waywithout them,we must plan forour lasting preservation ratherthan for our temporarypleasure.
  • Cato and the Metaphor of the Noble Soil • Marcus Porcius Cato Uticensis • Marcia • Quintus Hortensius Hortalus • Marcus Calpurnius Bibulus
  • Plutarch, Life of CatoThen he married a daughter of Philippus, Marcia, awoman of reputed excellence, about whom there wasthe most abundant talk; and this part of Catos life, like adrama, has given rise to dispute and is hard to explain.Quintus Hortensius:‘According to the opinion of men, he argued, such acourse was absurd, but according to the law ofnature it was honourable and good for the state that awoman in the prime of youth and beauty should neitherquench her productive power and lie idle, nor yet,by bearing more offspring than enough, burden andimpoverish a husband who does not want them’.
  • Plutarch, Life of CatoMoreover, community in heirs among worthy menwould make virtue abundant and widely diffused in theirfamilies, and the state would be closely cemented togetherby family alliances.Then Hortensius changed his tactics and boldly asked forthe wife of Cato himself, since she was still young enough tobear children, and Cato had heirs enough.However, seeing the earnestness and eager desire ofHortensius, Cato would not refuse, but said that Philippusalso, Marcias father, must approve of this step. Accordingly,Philippus was consulted and expressed his consent, but hewould not give Marcia in marriage until Cato himself waspresent and joined in giving the bride away.
  • social customs & marriage making
  • plutarch on marriage
  • Why do they bid the bride touch fire and water?
  • Why do they bid the bride touch fire and water?• Is it that of these two, being reckoned as elements or first principles, fire is masculine and water feminine, and fire supplies the beginnings of motion and water the function of the subsistent element or the material?
  • Why do they bid the bride touch fire and water?• Is it that of these two, being reckoned as elements or first principles, fire is masculine and water feminine, and fire supplies the beginnings of motion and water the function of the subsistent element or the material?• Or is it because fire purifies and water cleanses, and a married woman must remain pure and clean?
  • Why do they bid the bride touch fire and water?• Is it that of these two, being reckoned as elements or first principles, fire is masculine and water feminine, and fire supplies the beginnings of motion and water the function of the subsistent element or the material?• Or is it because fire purifies and water cleanses, and a married woman must remain pure and clean?• Or is it that, just as fire without moisture is unsustaining and arid, and water without heat is unproductive and inactive, so also male and female apart from each other are inert, but their union in marriage produces the perfection of their life together?
  • Why do they bid the bride touch fire and water?• Is it that of these two, being reckoned as elements or first principles, fire is masculine and water feminine, and fire supplies the beginnings of motion and water the function of the subsistent element or the material?• Or is it because fire purifies and water cleanses, and a married woman must remain pure and clean?• Or is it that, just as fire without moisture is unsustaining and arid, and water without heat is unproductive and inactive, so also male and female apart from each other are inert, but their union in marriage produces the perfection of their life together?• Or is it that they must not desert each other, but must share together every sort of fortune, even if they are destined to have nothing other than fire and water to share with each other?
  • Why do they not allow the bride to cross the threshold of her home herself, but those whoare escorting her lift her over?
  • Why do they not allow the bride to cross the threshold of her home herself, but those whoare escorting her lift her over?• Is it because they carried off by force also the first Roman brides and bore them in in this manner, and the women did not enter of their own accord?
  • Why do they not allow the bride to cross the threshold of her home herself, but those whoare escorting her lift her over?• Is it because they carried off by force also the first Roman brides and bore them in in this manner, and the women did not enter of their own accord?• Or do they wish it to appear that it is under constraint and not of their own desire that they enter a dwelling where they are about to lose their virginity?
  • Why do they not allow the bride to cross the threshold of her home herself, but those whoare escorting her lift her over?• Is it because they carried off by force also the first Roman brides and bore them in in this manner, and the women did not enter of their own accord?• Or do they wish it to appear that it is under constraint and not of their own desire that they enter a dwelling where they are about to lose their virginity?• Or is it a token that the woman may not go forth of her own accord and abandon her home if she be not constrained, just as it was under constraint that she entered it? So likewise among us in Boeotia they burn the axle of the bridal carriage before the door, signifying that the bride must remain, since her means of departure has been destroyed.
  • Why do they, as they conduct the bride to her home, bid her say, “Where you are Gaius, there am I Gaia”?
  • Why do they, as they conduct the bride to her home, bid her say, “Where you are Gaius, there am I Gaia”?• Is her entrance into the house upon fixed terms, as it were, at once to share everything and to control jointly the household, and is the meaning, then, "Wherever you are lord and master, there am I lady and mistress"? These names are in common use also in other connexions, just as jurists speak of Gaius Seius and Lucius Titius, and philosophers of Dion and Theon.
  • Why do they, as they conduct the bride to her home, bid her say, “Where you are Gaius, there am I Gaia”?• Is her entrance into the house upon fixed terms, as it were, at once to share everything and to control jointly the household, and is the meaning, then, "Wherever you are lord and master, there am I lady and mistress"? These names are in common use also in other connexions, just as jurists speak of Gaius Seius and Lucius Titius, and philosophers of Dion and Theon.• Or do they use these names because of Gaia Caecilia, consort of one of Tarquins sons, a fair and virtuous woman, whose statue in bronze stands in the temple of Sanctus? And both her sandals and her spindle were, in ancient days, dedicated there as tokens of her love of home and of her industry respectively
  • dextrarum iunctio
  • dextrarum iunctio
  • a wedding ring
  • wedding processiondeductio in domum mariti
  • Marriage in Law
  • Pre-requisites of marriage
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):1. affectio maritalis
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):1. affectio maritaliswhich can be expressed between two people
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):1. affectio maritaliswhich can be expressed between two people2. of legal age
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):1. affectio maritaliswhich can be expressed between two people2. of legal agehaving
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):1. affectio maritaliswhich can be expressed between two people2. of legal agehaving3. conubium
  • Pre-requisites of marriageExcerpts from the Works of Ulpian, 5.2: A valid (legitimate)marriage is made, when there is conubium between thecontracting parties, and if the man is adult and the woman isable to procreate, and if both of them agree, if they areautonomous or also their fathers, if they are still in their power.Pre-requites of a legally recognised union (iustummatrimonium):1. affectio maritaliswhich can be expressed between two people2. of legal agehaving3. conubiumin regard to one another
  • Creation of Marriage Affectio maritalisD. 23.2.2 (Paul, Edict, book 35) A marriagecan only exist if all agree, that is the partiesand those in whose power they are.
  • affectio maritalis andits continuos character
  • affectio maritalis andits continuos character Edoardo Volterra and his role in the modern viewon Roman marriage: from the initial consent to thecontinuity of its expression.
  • affectio maritalis andits continuos character Edoardo Volterra and his role in the modern viewon Roman marriage: from the initial consent to thecontinuity of its expression. major arguments:
  • affectio maritalis andits continuos character Edoardo Volterra and his role in the modern viewon Roman marriage: from the initial consent to thecontinuity of its expression. major arguments: informality of divorce
  • affectio maritalis andits continuos character Edoardo Volterra and his role in the modern viewon Roman marriage: from the initial consent to thecontinuity of its expression. major arguments: informality of divorce non-existence of bigamy in Roman law (Cicero and the Spanish wife.)
  • affectio maritalis andits continuos character Edoardo Volterra and his role in the modern viewon Roman marriage: from the initial consent to thecontinuity of its expression. major arguments: informality of divorce non-existence of bigamy in Roman law (Cicero and the Spanish wife.) Marital liberty as the principle of ordre publique
  • the problems... D. 24.1.64. Javolenus, On the Last Works of Labeo, Book VI.A man gave something to his wife after a divorce had taken place,to induce her to return to him; and the woman, having returned,afterwards obtained a divorce. Labeo and Trebatius gave it astheir opinion in a case which arose between Terentia andMaecenas, that if the divorce was genuine, the donation would bevalid, but if it was simulated, it would be void. However, whatProculus and Caecilius hold is true, namely, that a divorce isgenuine, and a donation made on account of it is valid, whereanother marriage follows, or the woman remains for so long atime unmarried that there is no doubt of a dissolution of themarriage, otherwise the donation will be of no force or effect.
  • the problems withaffectio maritalis
  • the problems with affectio maritalis uncertainty of status (as legitimatechildren enter under patria potestas andautomatically obtain citizenship)
  • the problems with affectio maritalis uncertainty of status (as legitimatechildren enter under patria potestas andautomatically obtain citizenship) financial problems (gifts and dowries!)
  • the problems with affectio maritalis uncertainty of status (as legitimatechildren enter under patria potestas andautomatically obtain citizenship) financial problems (gifts and dowries!) penal issues (exemption from thesanctions for stuprum and adulterium
  • The presumption of marriage?D. 23.2.24 (Modestinus, Rules, book 1). Cohabitationwith a free woman is to be considered marriage notconcubinage, unless she is a prostituteD. 24.2.3. Paulus, On the Edict, Book XXXV.It is not a true or actual divorce unless the purpose isto establish a perpetual separation. Therefore,whatever is done or said in the heat of anger is notvalid, unless the determination becomes apparent bythe parties persevering in their intention, and hencewhere repudiation takes place in the heat of anger andthe wife returns in a short time, she is not held to havebeen divorced.
  • the consent of the father...D. 23.2.21. Terentius Clemens, On the Lex Juliaet Papia, Book III. A son under paternal controlcannot be forced to marry.D. 23.2.22 (Celsus, Digest, book 15). If underpressure from his father a man takes a wife,whom he would not have married if he hadfollowed his own inclination, still, though thereis no marriage without consent, he contracted amarriage; he is regarded as having preferred todo so.
  • the consentof the father...
  • the consent of the father...D. 23.1.11 (Julianus, Digest, book 16). Engagement likemarriage comes about by the consent of the parties, and so adaughter-in-powers consent is needed for an engagement as itis for a marriage.
  • the consent of the father...D. 23.1.11 (Julianus, Digest, book 16). Engagement likemarriage comes about by the consent of the parties, and so adaughter-in-powers consent is needed for an engagement as itis for a marriage. 23.1.12 (Ulpian, On Betrothal, sole book) (pr.) A daughter whodoes not oppose her fathers will [as regards her engagement] istaken to agree. (1) She is free to disagree only if her fatherchooses her a fiancé who is unworthy or of bad character.
  • the consent of the father...D. 23.1.11 (Julianus, Digest, book 16). Engagement likemarriage comes about by the consent of the parties, and so adaughter-in-powers consent is needed for an engagement as itis for a marriage. 23.1.12 (Ulpian, On Betrothal, sole book) (pr.) A daughter whodoes not oppose her fathers will [as regards her engagement] istaken to agree. (1) She is free to disagree only if her fatherchooses her a fiancé who is unworthy or of bad character. 23.1.7.1 (Paul, Edict, book 35) For an engagement the samepeople have to agree as for a marriage. Nevertheless, Julianwrites that the father of a daughter-in-power is understood toconsent unless he explicitly disagrees.
  • Conubium
  • Conubium a relative capacity inherent to iuscivile corresponds – even if negativelyand anachronistically – to thecanonistic-modern notion ofmatrimonial impediments
  • lack ofconubium
  • lack ofconubium • difference of genders: (legally irrelevant: Nero and Pytha- goras)
  • lack ofconubium • difference of genders: (legally irrelevant: Nero and Pytha- goras) • blood-relation
  • lack ofconubium • difference of genders: (legally irrelevant: Nero and Pytha- goras) • blood-relation • in direct line: totally
  • lack ofconubium • difference of genders: (legally irrelevant: Nero and Pytha- goras) • blood-relation • in direct line: totally • in collateral line: up to the 4th grade (3rd grade)
  • lack ofconubium • difference of genders: (legally irrelevant: Nero and Pytha- goras) • blood-relation • in direct line: totally • in collateral line: up to the 4th grade (3rd grade) • why incest is forbidden?
  • Plutarch, Roman Questions 108:Why do they not marry women who are closelyakin to them? Do they wish to enlarge theirrelationships by marriage and to acquire manyadditional kinsmen by bestowing wives uponothers and receiving wives from others? Or dothey fear the disagreements which arise inmarriages of near kin, on the ground that thesetend to destroy natural rights? Or, since theyobserve that women by reason of their weaknessneed many protectors, were they not willing totake as partners in their household womenclosely akin to them, so that if their husbandswronged them, their kinsmen might bring themsuccour?
  • Gnomonof the Idios Logos
  • Gnomon § 23κγ οὐκ ἐξὸν Ῥωμαίοις ἀδελφὰς γῆμαι οὐδὲ τηθίδας,ἀδελφῶν θυγατέρας συνκεχώρηται. Παρδαλᾶς μέντοιἀδελφῶν συνελθόντων τὰ ὑπάρχοντα/ ἀνέλαβεν.§ 23 It shall not be allowed for the Romans to marrysisters or aunts. It is permitted in case of brothers’daughters. Pardalas indeed confiscated estates ofmarried siblings.
  • No conubium cnd.
  • No conubium cnd.•patricians and plebeians
  • No conubium cnd.•patricians and plebeians •The law of XII Tables
  • No conubium cnd.•patricians and plebeians •The law of XII Tables •Liwius: ne incerta prole auspicia turberentur.
  • No conubium cnd.•patricians and plebeians •The law of XII Tables •Liwius: ne incerta prole auspicia turberentur. •the reasons of lex Canuleia.
  • No conubium cnd.•patricians and plebeians •The law of XII Tables •Liwius: ne incerta prole auspicia turberentur. •the reasons of lex Canuleia.•soldiers during their service
  • No conubium cnd.•patricians and plebeians •The law of XII Tables •Liwius: ne incerta prole auspicia turberentur. •the reasons of lex Canuleia.•soldiers during their service•Roman officials and the women in the province.
  • Lack ofconubium
  • Lack ofconubium• people from the senatorial estate and low- class occupations as well as freedmen
  • Lack ofconubium• people from the senatorial estate and low- class occupations as well as freedmen• Jews and christians
  • Free Marriages: how far do they go?• D. 24.2.10. Modestinus, Rides, Book I. A freedwoman, who has married her patron, cannot separate from him without his consent, unless she has been manumitted under the terms of a trust, for then she can do so even though she is his freedwoman.
  • Freed-Women - reconsidered11. Ulpianus, On the Lex Julia et Papia, Book III. Wherethe law says: “A freedwoman, who is married to her patron,shall not be granted the right to divorce” this is not held tohave made the divorce ineffective, because marriage isordinarily dissolved by the Civil Law; therefore we cannotsay that the marriage exists, as a separation has taken place.Again, Julianus says that a wife is not under suchcircumstances entitled to an action to recover her dowry;hence it is reasonable that when her patron desires her toremain his wife she cannot marry anyone else. For, as thelegislator understood that the marriage was, to a certainextent, dissolved by the act of the freedwoman, heprevented her marriage with another, wherefore if sheshould marry anyone else, she will be considered as notmarried. Julianus, indeed, goes farther, for he thinks thatsuch a woman cannot even live in concubinage with anyoneexcept her patron.
  • Freed-Women - reconsidered11. Ulpianus, On the Lex Julia et Papia, Book III. Wherethe law says: “A freedwoman, who is married to her patron,shall not be granted the right to divorce” this is not held tohave made the divorce ineffective, because marriage isordinarily dissolved by the Civil Law; therefore we cannotsay that the marriage exists, as a separation has taken place.Again, Julianus says that a wife is not under suchcircumstances entitled to an action to recover her dowry;hence it is reasonable that when her patron desires her toremain his wife she cannot marry anyone else. For, as thelegislator understood that the marriage was, to a certainextent, dissolved by the act of the freedwoman, heprevented her marriage with another, wherefore if sheshould marry anyone else, she will be considered as notmarried. Julianus, indeed, goes farther, for he thinks thatsuch a woman cannot even live in concubinage with anyoneexcept her patron.
  • Freed-Women - reconsidered11. Ulpianus, On the Lex Julia et Papia, Book III. Wherethe law says: “A freedwoman, who is married to her patron,shall not be granted the right to divorce” this is not held tohave made the divorce ineffective, because marriage isordinarily dissolved by the Civil Law; therefore we cannotsay that the marriage exists, as a separation has taken place.Again, Julianus says that a wife is not under suchcircumstances entitled to an action to recover her dowry;hence it is reasonable that when her patron desires her toremain his wife she cannot marry anyone else. For, as thelegislator understood that the marriage was, to a certainextent, dissolved by the act of the freedwoman, heprevented her marriage with another, wherefore if sheshould marry anyone else, she will be considered as notmarried. Julianus, indeed, goes farther, for he thinks thatsuch a woman cannot even live in concubinage with anyoneexcept her patron.
  • (1) The law says: “As long as the patron desires her to remain his wife.” Thismeans that the patron wishes her to be his wife, and that his relationshiptowards her should continue to exist; therefore where he either ceases to beher patron, or to desire that she should remain his wife, the authority of thelaw is at an end. (2) It has been most justly established that the benefit of thislaw terminated whenever the patron, by any indication of his will whatsoever,is understood to have relinquished his desire to keep the woman as his wife.Hence, when he institutes proceedings against his freedwoman on the groundof the removal of property, after she had divorced him without his consent,our Emperor and his Divine Father stated in a Rescript that the party wasunderstood to be unwilling that the woman should remain his wife, when hebrings this action or another like it, which it is not customary to do unless incase of divorce. Wherefore, if the husband accuses her of adultery or of someother crime of which no one can accuse a wife but her husband, the betteropinion is that the marriage is dissolved; for it should be remembered that thewife is not deprived of the right to marry another except where the patronhimself desires to retain her in that capacity. Hence, whenever even a slightreason indicates that the husband does not desire her to remain his wife, itmust be said that the freedwoman has already acquired the right to contractmarriage with another. Therefore, if the patron has betrothed himself to, ordestined himself for some other woman, or has sought marriage with another,he must be considered to no longer desire the freedwoman to be his wife. Thesame rule will apply where he keeps the woman as his concubine.
  • (1) The law says: “As long as the patron desires her to remain his wife.” Thismeans that the patron wishes her to be his wife, and that his relationshiptowards her should continue to exist; therefore where he either ceases to beher patron, or to desire that she should remain his wife, the authority of thelaw is at an end. (2) It has been most justly established that the benefit of thislaw terminated whenever the patron, by any indication of his will whatsoever,is understood to have relinquished his desire to keep the woman as his wife.Hence, when he institutes proceedings against his freedwoman on the groundof the removal of property, after she had divorced him without his consent,our Emperor and his Divine Father stated in a Rescript that the party wasunderstood to be unwilling that the woman should remain his wife, when hebrings this action or another like it, which it is not customary to do unless incase of divorce. Wherefore, if the husband accuses her of adultery or of someother crime of which no one can accuse a wife but her husband, the betteropinion is that the marriage is dissolved; for it should be remembered that thewife is not deprived of the right to marry another except where the patronhimself desires to retain her in that capacity. Hence, whenever even a slightreason indicates that the husband does not desire her to remain his wife, itmust be said that the freedwoman has already acquired the right to contractmarriage with another. Therefore, if the patron has betrothed himself to, ordestined himself for some other woman, or has sought marriage with another,he must be considered to no longer desire the freedwoman to be his wife. Thesame rule will apply where he keeps the woman as his concubine.
  • Fritz Schulz (1879-1957) and the “Humanity” of Roman law“The classical law of marriage is an imposing,perhaps the most imposing, achievement of theRoman legal genius. For the first time in thehistory of civilization there appeared a purelyhumanistic law of marriage, viz. a law foundedon a purely humanistic idea of marriage asbeing a free and freely dissoluble union of twoequal partners for life”
  • Manus and Marriage
  • Manus and Marriage• Conventio in manu mariti:
  • Manus and Marriage• Conventio in manu mariti: • Confarreatio : ‘by spelt bread’
  • Manus and Marriage• Conventio in manu mariti: • Confarreatio : ‘by spelt bread’ • Coëmptio: ‘by ritual sale’
  • Manus and Marriage• Conventio in manu mariti: • Confarreatio : ‘by spelt bread’ • Coëmptio: ‘by ritual sale’ • Usus : ‘usucaption of power’.
  • Confarreatio• § 112. Confarreation, another mode in which subjection to hand originates, is a sacrifice offered to Jupiter Farreus, in which they use a cake of spelt, whence the ceremony derives its name, and various other acts and things are done and made in the solemnization of this disposition with a traditional form of words, in the presence of ten witnesses: and this law is still in use, for the functions of the greater flamens, that is, the flamens of Jove, of Mars, of Quirinus, and the duties of the ritual king, can only be performed by persons born in marriage solemnized by confarreation. Nor can such persons themselves hold a priestly office if they are not married by confarreation.
  • Coemptio• § 113. In coemption the right of hand over a woman attaches to a person to whom she is conveyed by a mancipation or imaginary sale: for the man purchases the woman who comes into his power in the presence of at least five witnesses, citizens of Rome above the age of puberty, besides a balance holder.
  • USUS•  111. Use invested the husband with right of hand after a whole year of unbroken cohabitation. Such annual possession operated a kind of usucapion, and brought the wife into the family of the husband, where it gave her the status of a daughter. Accordingly, the law of the Twelve Tables provided that a wife who wished to avoid subjection to the hand of the husband should annually absent herself three nights from his roof to bar the annual usucapion: but the whole of this law has been either partly abolished by statute, or partly obliterated by mere disuse.
  • One must marry
  • Lex Iulia et Pappia de maritandis ordinibus; Lex Iulia de adulterisAugustus law. Rome, 18 B.C. (Suetonius, Life of Augustus 34. L)He reformed the laws and completely overhauled some of them, such as thesumptuary law, that on adultery and chastity, that on bribery, and marriageof the various classes. Having shown greater severity in the emendation ofthis last than the others, as a result of the agitation of its opponents he wasunable to get it approved except by abolishing or mitigating part of thepenalty, conceding a three-year grace-period (before remarriage) andincreasing the rewards (for having children). Nevertheless, when, during apublic show the order of knights asked him with insistence to revoke it, hesummoned the children of Germanicus, holding some of them near himand setting others on their fathers knee; and in so doing he gave thedemonstrators to understand through his affectionate gestures andexpressions that they should not object to imitating that young mansexample. Moreover, when he found out that the law was being sidesteppedthrough engagements to young girls and frequent divorces, he put a timelimit on engagement and clamped down on divorce.
  • Lex Iulia et Pappia de maritandis ordinibus; Lex Iulia de adulterisPrizes for marriage and having children. Rome, 1stcent. A.D. (Dio Cassius, History of Rome 54.16.1-1.Early 3rd cent. A.D. G)[Augustus] assessed heavier taxes on unmarried menand women without husbands, and by contrast offeredawards for marriage and childbearing. And since therewere more males than females among the nobility, hepermitted anyone who wished (except for senators) tomarry freedwomen, and decreed that children of suchmarriages be legitimate.
  • ‘Lex Iulia et Papia’• Sanctions • Law of succession (ability to receive from wills: cut to half for childless and entirely for unmarried)• Rewards: • Ius trium liberorum (guardianship of women, privileges for men).
  • Lex Iulia de adulteris2.26 (1) In the second chapter of the lex Julia concerningadultery, either an adoptive or a natural father ispermitted to kill with his own hands an adulterer caughtin the act with his daughter in his own house or in that ofhis son-in-law, no matter what his rank may be.(2) If a son under paternal power, who is the father,should surprise his daughter in the act of adultery, whileit is inferred from the words of the law that he cannot killher, still, he ought to be permitted to do so.(4) A husband cannot kill anyone taken in adultery exceptpersons who are infamous, and those who sell theirbodies for gain, as well as slaves. His wife, however, isexcepted, and he is forbidden to kill her.
  • Lex Iulia de adulteris(5) It has been decided that a husband who kills his wife whencaught with an adulterer should be punished more leniently,for the reason that he committed the act through impatiencecaused by just suffering.(6) After having killed the adulterer, the husband should atonce dismiss his wife, and publicly declare within the nextthree days with what adulterer, and in what place he found hiswife.(7) A husband who surprises his wife in adultery can only killthe adulterer when he catches him in his own house.(8) It has been decided that a husband who does not at oncedismiss his wife whom he has taken in adultery can beprosecuted as a pimp.(10) It should be noted that two adulterers can be accused atthe same time with the wife, but more than that numbercannot be.(11) It has been decided that adultery cannot be committedwith women who have charge of any business or shop.
  • Lex Iulia de adulterisC. 9.9.1: Severus/Caracalla toCassia (197 AD): The Julian Lawdeclares that wives have no right tobring criminal accusations foradultery, even as regards their ownmarriage, for while the law grantsthis privilege to men it does notconcede it to women….
  • Monumentum Ancyranum
  • Results? Res gestae divi Augusti8. When I was consul the fifth time (29 B.C), I increased thenumber of patricians by order of the people and senate. Iread the roll of the senate three times, and in my sixthconsulate (28 B.C.) I made a census of the people withMarcus Agrippa as my colleague. I conducted a lustrum,after a forty-one year gap, in which lustrum were counted4,063,000 heads of Roman citizens. Then again, withconsular imperium I conducted a lustrum alone whenGaius Censorinus and Gaius Asinius were consuls (8 B.C),in which lustrum were counted 4,233,000 heads of Romancitizens. And the third time, with consular imperium, Iconducted a lustrum with my son Tiberius Caesar ascolleague, when Sextus Pompeius and Sextus Appuleiuswere consuls (AD 14), in which lustrum were cunted4,937,000 of the heads of Roman citizens. By new lawspassed with my sponsorship, I restored many traditions ofthe ancestors, which were falling into disuse in our age, andmyself I handed on precedents of many things to beimitated in later generations.
  • Themarriagepractice of theImperial House
  • Themarriagepractice of theImperial House
  • Themarriagepractice of theImperial House
  • August and his wives....62. In his youth he was betrothed to the daughter of Publius ServiliusIsauricus, but when he became reconciled with Antony after their firstquarrel, and their troops begged that the rivals be further united bysome tie of kinship, he took to wife Antonys stepdaughter Claudia,daughter of Fulvia by Publius Clodius, although she was barely ofmarriageable age; but because of a falling out with his mother-in-lawFulvia, he divorced her before they had begun to live together. Shortlyafter that he married Scribonia, who had been wedded before to twoex-consuls, and was a mother by one of them. He divorced her also,"unable to put up with her shrewish disposition," as he himself writes,and at once took Livia Drusilla from her husband Tiberius Nero,although she was with child at the time; and he loved and esteemed herto the end without a rival.
  • Iulia Text - Ahrodite
  • August and his daughter....63 By Scribonia he had a daughter Julia, by Livia no children at all,although he earnestly desired issue. One baby was conceived, but wasprematurely born. He gave Julia in marriage first to Marcellus, son ofhis sister Octavia and hardly more than a boy, and then after his deathto Marcus Agrippa, prevailing upon his sister to yield her son-in-law tohim; for at that time Agrippa had to wife one of the Marcellas and hadchildren from her. When Agrippa also died, Augustus, after consideringvarious alliances for a long time, even in the equestrian order, finallychose his stepson Tiberius, obliging him to divorce his wife, who waswith child and by whom he was already a father. Mark Antony writesthat Augustus first betrothed his daughter to his son Antonius and thento Cotiso, king of the Getae, at the same time asking for the hand of thekings daughter for himself in turn.
  • But at the height of his happiness and his confidence in his familyand its training, Fortune proved fickle. He found the two Julias, hisdaughter and granddaughter, guilty of every form of vice, andbanished them. (...) For he was not greatly broken by the fate ofGaius and Lucius, but he informed the senate of his daughters fallthrough a letter read in his absence by a quaestor, and for veryshame would meet no one for a long time, and even thought ofputting her to death. At all events, when one of her confidantes, afreedwoman called Phoebe, hanged herself at about that sametime, he said: "I  would rather have been Phoebes father." AfterJulia was banished, he denied her the use of wine and every formof luxury, and would not allow any man, bond or free, to comenear her without his permission, and then not without beinginformed of his stature, complexion, and even of any marks orscars upon his body. It was not until five years later that he movedher from the island to the mainland and treated her with somewhatless rigour. But he could not by any means be prevailed on to recallher altogether, and when the Roman people several timesinterceded for her and urgently pressed their suit, he in openassembly called upon the gods to curse them with like daughtersand like wives.
  • The Biologyof Marriage
  • Why a Wife is not a Prostitute?For commonly ‘tis thought that wives conceiveMore readily in manner of wild-beasts,After the custom of the four-foot breeds,Because so postured, with the breasts beneathAnd buttocks then up-reared, the seeds can take Lucretius,Their proper places. Nor is need the least de rerum naturaFor wives to use the motions of blandishment;For thus the woman hinders and resistsHer own conception, if too joyouslyHerself she treats the Venus of the manWith haunches heaving, and with all her bosomNow yielding like the billows of the sea-Aye, from the ploughshare’s even course and trackShe throws the furrow, and from proper placesDeflects the spurt of seed. And courtesansAre thuswise wont to move for their own ends,To keep from pregnancy and lying in,And all the while to render Venus moreA pleasure for the men- the which meseemsOur wives have never need of.