SlideShare a Scribd company logo
1 of 108
Download to read offline
Marriage
The Purpose of Marriage
 Ways of Contracting:
  law versus Custom

  Biology of Marriage
The Purpose
of Marriage
Why marry?
Pseudo-Demostenes, Against Neira:
This is matrimony: when a man begets children
and presents his sons to his phratry and deme,
and gives his daughters, as being his own in
marriage to their husbands. Hetaerae we keep for
our pleasure, concubines / servants (pallakai) for
daily attendance upon our person, but wives for
the procreation of legitimate children and to be
the faithful guardians of our households.
The Roman View
Modestinus....
D. 23.2.1 (Modestinus, [28] Rules, book 1).
Marriage is the union of male and female
and the sharing of life together (consortium
omnis vitae), involving both divine and
human 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 without
a wife, citizens of Rome, all of
us would do without that
nuisance; but since nature has
so decreed that we cannot
manage comfortably with
them, nor live in any way
without them,we must plan for
our lasting preservation rather
than for our temporary
pleasure.
Cato and the Metaphor
  of the Noble Soil


       • Marcus Porcius Cato Uticensis

       • Marcia

       • Quintus Hortensius Hortalus

       • Marcus Calpurnius Bibulus
Plutarch, Life of Cato
Then he married a daughter of Philippus, Marcia, a
woman of reputed excellence, about whom there was
the most abundant talk; and this part of Cato's life, like a
drama, has given rise to dispute and is hard to explain.

Quintus Hortensius:

‘According to the opinion of men, he argued, such a
course was absurd, but according to the law of
nature it was honourable and good for the state that a
woman in the prime of youth and beauty should neither
quench her productive power and lie idle, nor yet,
by bearing more offspring than enough, burden and
impoverish a husband who does not want them’.
Plutarch, Life of Cato
Moreover, community in heirs among worthy men
would make virtue abundant and widely diffused in their
families, and the state would be closely cemented together
by family alliances.
Then Hortensius changed his tactics and boldly asked for
the wife of Cato himself, since she was still young enough to
bear children, and Cato had heirs enough.
However, seeing the earnestness and eager desire of
Hortensius, Cato would not refuse, but said that Philippus
also, Marcia's father, must approve of this step. Accordingly,
Philippus was consulted and expressed his consent, but he
would not give Marcia in marriage until Cato himself was
present 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 who
are escorting her lift her over?
Why do they not allow the bride
 to cross the threshold of her
  home herself, but those who
are 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 who
are 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 who
are 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 Tarquin's 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 procession
deductio in domum mariti
Marriage
 in Law
Pre-requisites of marriage
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):

1. affectio maritalis
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):

1. affectio maritalis
which can be expressed between two people
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):

1. affectio maritalis
which can be expressed between two people
2. of legal age
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):

1. affectio maritalis
which can be expressed between two people
2. of legal age
having
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):

1. affectio maritalis
which can be expressed between two people
2. of legal age
having
3. conubium
Pre-requisites of marriage
Excerpts from the Works of Ulpian, 5.2: A valid (legitimate)
marriage is made, when there is conubium between the
contracting parties, and if the man is adult and the woman is
able to procreate, and if both of them agree, if they are
autonomous or also their fathers, if they are still in their power.

Pre-requites of a legally recognised union (iustum
matrimonium):

1. affectio maritalis
which can be expressed between two people
2. of legal age
having
3. conubium
in regard to one another
Creation of Marriage
  Affectio maritalis

D. 23.2.2 (Paul, Edict, book 35) A marriage
can only exist if all agree, that is the parties
and those in whose power they are.
affectio maritalis and
its continuos character
affectio maritalis and
its continuos character

  Edoardo Volterra and his role in the modern view
on Roman marriage: from the initial consent to the
continuity of its expression.
affectio maritalis and
its continuos character

  Edoardo Volterra and his role in the modern view
on Roman marriage: from the initial consent to the
continuity of its expression.

  major arguments:
affectio maritalis and
its continuos character

  Edoardo Volterra and his role in the modern view
on Roman marriage: from the initial consent to the
continuity of its expression.

  major arguments:

     informality of divorce
affectio maritalis and
its continuos character

  Edoardo Volterra and his role in the modern view
on Roman marriage: from the initial consent to the
continuity of its expression.

  major arguments:

    informality of divorce
    non-existence of bigamy in Roman law (Cicero
  and the Spanish wife.)
affectio maritalis and
its continuos character

  Edoardo Volterra and his role in the modern view
on Roman marriage: from the initial consent to the
continuity 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 as
their opinion in a case which arose between Terentia and
Maecenas, that if the divorce was genuine, the donation would be
valid, but if it was simulated, it would be void. However, what
Proculus and Caecilius hold is true, namely, that a divorce is
genuine, and a donation made on account of it is valid, where
another marriage follows, or the woman remains for so long a
time unmarried that there is no doubt of a dissolution of the
marriage, otherwise the donation will be of no force or effect.
the problems with
affectio maritalis
the problems with
   affectio maritalis
   uncertainty of status (as legitimate
children enter under patria potestas and
automatically obtain citizenship)
the problems with
   affectio maritalis
   uncertainty of status (as legitimate
children enter under patria potestas and
automatically obtain citizenship)
  financial problems (gifts and dowries!)
the problems with
   affectio maritalis
   uncertainty of status (as legitimate
children enter under patria potestas and
automatically obtain citizenship)
  financial problems (gifts and dowries!)
   penal issues (exemption from the
sanctions for stuprum and adulterium
The presumption
         of marriage?
D. 23.2.24 (Modestinus, Rules, book 1). Cohabitation
with a free woman is to be considered marriage not
concubinage, unless she is a prostitute

D. 24.2.3. Paulus, On the Edict, Book XXXV.
It is not a true or actual divorce unless the purpose is
to establish a perpetual separation. Therefore,
whatever is done or said in the heat of anger is not
valid, unless the determination becomes apparent by
the parties persevering in their intention, and hence
where repudiation takes place in the heat of anger and
the wife returns in a short time, she is not held to have
been divorced.
the consent
       of the father...
D. 23.2.21. Terentius Clemens, On the Lex Julia
et Papia, Book III. A son under paternal control
cannot be forced to marry.
D. 23.2.22 (Celsus, Digest, book 15). If under
pressure from his father a man takes a wife,
whom he would not have married if he had
followed his own inclination, still, though there
is no marriage without consent, he contracted a
marriage; he is regarded as having preferred to
do so.
the consent
of the father...
the consent
           of the father...
D. 23.1.11 (Julianus, Digest, book 16). Engagement like
marriage comes about by the consent of the parties, and so a
daughter-in-power's consent is needed for an engagement as it
is for a marriage.
the consent
            of the father...
D. 23.1.11 (Julianus, Digest, book 16). Engagement like
marriage comes about by the consent of the parties, and so a
daughter-in-power's consent is needed for an engagement as it
is for a marriage.

 23.1.12 (Ulpian, On Betrothal, sole book) (pr.) A daughter who
does not oppose her father's will [as regards her engagement] is
taken to agree. (1) She is free to disagree only if her father
chooses her a fiancé who is unworthy or of bad character.
the consent
            of the father...
D. 23.1.11 (Julianus, Digest, book 16). Engagement like
marriage comes about by the consent of the parties, and so a
daughter-in-power's consent is needed for an engagement as it
is for a marriage.

 23.1.12 (Ulpian, On Betrothal, sole book) (pr.) A daughter who
does not oppose her father's will [as regards her engagement] is
taken to agree. (1) She is free to disagree only if her father
chooses her a fiancé who is unworthy or of bad character.

 23.1.7.1 (Paul, Edict, book 35) For an engagement the same
people have to agree as for a marriage. Nevertheless, Julian
writes that the father of a daughter-in-power is understood to
consent unless he explicitly disagrees.
Conubium
Conubium
    a relative capacity inherent to ius
civile


  corresponds – even if negatively
and anachronistically – to the
canonistic-modern notion of
matrimonial impediments
lack of
conubium
lack of
conubium




           • difference of genders: (legally irrelevant: Nero and Pytha-
             goras)
lack of
conubium




           • difference of genders: (legally irrelevant: Nero and Pytha-
             goras)
           • blood-relation
lack of
conubium




           • difference of genders: (legally irrelevant: Nero and Pytha-
             goras)
           • blood-relation
                  • in direct line: totally
lack of
conubium




           • 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 of
conubium




           • 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 closely
akin to them? Do they wish to enlarge their
relationships by marriage and to acquire many
additional kinsmen by bestowing wives upon
others and receiving wives from others? Or do
they fear the disagreements which arise in
marriages of near kin, on the ground that these
tend to destroy natural rights? Or, since they
observe that women by reason of their weakness
need many protectors, were they not willing to
take as partners in their household women
closely akin to them, so that if their husbands
wronged them, their kinsmen might bring them
succour?
Gnomon
of the Idios Logos
Gnomon § 23

κγ οὐκ ἐξὸν Ῥωμαίοις ἀδελφὰς γῆμαι οὐδὲ τηθίδας,
ἀδελφῶν θυγατέρας συνκεχώρηται. Παρδαλᾶς μέντοι
ἀδελφῶν συνελθόντων τὰ ὑπάρχοντα/ ἀνέλαβεν.

§ 23 It shall not be allowed for the Romans to marry
sisters or aunts. It is permitted in case of brothers’
daughters. Pardalas indeed confiscated estates of
married 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 of
conubium
Lack of
conubium




• people from the senatorial estate and low-
  class occupations as well as freedmen
Lack of
conubium




• 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 -
      reconsidered
11. Ulpianus, On the Lex Julia et Papia, Book III. Where
the law says: “A freedwoman, who is married to her patron,
shall not be granted the right to divorce” this is not held to
have made the divorce ineffective, because marriage is
ordinarily dissolved by the Civil Law; therefore we cannot
say that the marriage exists, as a separation has taken place.
Again, Julianus says that a wife is not under such
circumstances entitled to an action to recover her dowry;
hence it is reasonable that when her patron desires her to
remain his wife she cannot marry anyone else. For, as the
legislator understood that the marriage was, to a certain
extent, dissolved by the act of the freedwoman, he
prevented her marriage with another, wherefore if she
should marry anyone else, she will be considered as not
married. Julianus, indeed, goes farther, for he thinks that
such a woman cannot even live in concubinage with anyone
except her patron.
Freed-Women -
      reconsidered
11. Ulpianus, On the Lex Julia et Papia, Book III. Where
the law says: “A freedwoman, who is married to her patron,
shall not be granted the right to divorce” this is not held to
have made the divorce ineffective, because marriage is
ordinarily dissolved by the Civil Law; therefore we cannot
say that the marriage exists, as a separation has taken place.
Again, Julianus says that a wife is not under such
circumstances entitled to an action to recover her dowry;
hence it is reasonable that when her patron desires her to
remain his wife she cannot marry anyone else. For, as the
legislator understood that the marriage was, to a certain
extent, dissolved by the act of the freedwoman, he
prevented her marriage with another, wherefore if she
should marry anyone else, she will be considered as not
married. Julianus, indeed, goes farther, for he thinks that
such a woman cannot even live in concubinage with anyone
except her patron.
Freed-Women -
      reconsidered
11. Ulpianus, On the Lex Julia et Papia, Book III. Where
the law says: “A freedwoman, who is married to her patron,
shall not be granted the right to divorce” this is not held to
have made the divorce ineffective, because marriage is
ordinarily dissolved by the Civil Law; therefore we cannot
say that the marriage exists, as a separation has taken place.
Again, Julianus says that a wife is not under such
circumstances entitled to an action to recover her dowry;
hence it is reasonable that when her patron desires her to
remain his wife she cannot marry anyone else. For, as the
legislator understood that the marriage was, to a certain
extent, dissolved by the act of the freedwoman, he
prevented her marriage with another, wherefore if she
should marry anyone else, she will be considered as not
married. Julianus, indeed, goes farther, for he thinks that
such a woman cannot even live in concubinage with anyone
except her patron.
(1) The law says: “As long as the patron desires her to remain his wife.” This
means that the patron wishes her to be his wife, and that his relationship
towards her should continue to exist; therefore where he either ceases to be
her patron, or to desire that she should remain his wife, the authority of the
law is at an end. (2) It has been most justly established that the benefit of this
law 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 ground
of 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 was
understood to be unwilling that the woman should remain his wife, when he
brings this action or another like it, which it is not customary to do unless in
case of divorce. Wherefore, if the husband accuses her of adultery or of some
other crime of which no one can accuse a wife but her husband, the better
opinion is that the marriage is dissolved; for it should be remembered that the
wife is not deprived of the right to marry another except where the patron
himself desires to retain her in that capacity. Hence, whenever even a slight
reason indicates that the husband does not desire her to remain his wife, it
must be said that the freedwoman has already acquired the right to contract
marriage with another. Therefore, if the patron has betrothed himself to, or
destined 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. The
same 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.” This
means that the patron wishes her to be his wife, and that his relationship
towards her should continue to exist; therefore where he either ceases to be
her patron, or to desire that she should remain his wife, the authority of the
law is at an end. (2) It has been most justly established that the benefit of this
law 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 ground
of 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 was
understood to be unwilling that the woman should remain his wife, when he
brings this action or another like it, which it is not customary to do unless in
case of divorce. Wherefore, if the husband accuses her of adultery or of some
other crime of which no one can accuse a wife but her husband, the better
opinion is that the marriage is dissolved; for it should be remembered that the
wife is not deprived of the right to marry another except where the patron
himself desires to retain her in that capacity. Hence, whenever even a slight
reason indicates that the husband does not desire her to remain his wife, it
must be said that the freedwoman has already acquired the right to contract
marriage with another. Therefore, if the patron has betrothed himself to, or
destined 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. The
same 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 the
Roman legal genius. For the first time in the
history of civilization there appeared a purely
humanistic law of marriage, viz. a law founded
on a purely humanistic idea of marriage as
being a free and freely dissoluble union of two
equal 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 adulteris
Augustus' law. Rome, 18 B.C. (Suetonius, Life of Augustus 34. L)

He reformed the laws and completely overhauled some of them, such as the
sumptuary law, that on adultery and chastity, that on bribery, and marriage
of the various classes. Having shown greater severity in the emendation of
this last than the others, as a result of the agitation of its opponents he was
unable to get it approved except by abolishing or mitigating part of the
penalty, conceding a three-year grace-period (before remarriage) and
increasing the rewards (for having children). Nevertheless, when, during a
public show the order of knights asked him with insistence to revoke it, he
summoned the children of Germanicus, holding some of them near him
and setting others on their father's knee; and in so doing he gave the
demonstrators to understand through his affectionate gestures and
expressions that they should not object to imitating that young man's
example. Moreover, when he found out that the law was being sidestepped
through engagements to young girls and frequent divorces, he put a time
limit on engagement and clamped down on divorce.
Lex Iulia et Pappia de maritandis
     ordinibus; Lex Iulia de adulteris
Prizes for marriage and having children. Rome, 1st
cent. A.D. (Dio Cassius, History of Rome 54.16.1-1.
Early 3rd cent. A.D. G)
[Augustus] assessed heavier taxes on unmarried men
and women without husbands, and by contrast offered
awards for marriage and childbearing. And since there
were more males than females among the nobility, he
permitted anyone who wished (except for senators) to
marry freedwomen, and decreed that children of such
marriages 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 adulteris

2.26 (1) In the second chapter of the lex Julia concerning
adultery, either an adoptive or a natural father is
permitted to kill with his own hands an adulterer caught
in the act with his daughter in his own house or in that of
his 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, while
it is inferred from the words of the law that he cannot kill
her, still, he ought to be permitted to do so.
(4) A husband cannot kill anyone taken in adultery except
persons who are infamous, and those who sell their
bodies for gain, as well as slaves. His wife, however, is
excepted, and he is forbidden to kill her.
Lex Iulia de adulteris
(5) It has been decided that a husband who kills his wife when
caught with an adulterer should be punished more leniently,
for the reason that he committed the act through impatience
caused by just suffering.
(6) After having killed the adulterer, the husband should at
once dismiss his wife, and publicly declare within the next
three days with what adulterer, and in what place he found his
wife.
(7) A husband who surprises his wife in adultery can only kill
the adulterer when he catches him in his own house.
(8) It has been decided that a husband who does not at once
dismiss his wife whom he has taken in adultery can be
prosecuted as a pimp.
(10) It should be noted that two adulterers can be accused at
the same time with the wife, but more than that number
cannot be.
(11) It has been decided that adultery cannot be committed
with women who have charge of any business or shop.
Lex Iulia de adulteris

C. 9.9.1: Severus/Caracalla to
Cassia (197 AD): The Julian Law
declares that wives have no right to
bring criminal accusations for
adultery, even as regards their own
marriage, for while the law grants
this privilege to men it does not
concede it to women….
Monumentum Ancyranum
Results? Res gestae divi Augusti
8. When I was consul the fifth time (29 B.C), I increased the
number of patricians by order of the people and senate. I
read the roll of the senate three times, and in my sixth
consulate (28 B.C.) I made a census of the people with
Marcus Agrippa as my colleague. I conducted a lustrum,
after a forty-one year gap, in which lustrum were counted
4,063,000 heads of Roman citizens. Then again, with
consular imperium I conducted a lustrum alone when
Gaius Censorinus and Gaius Asinius were consuls (8 B.C),
in which lustrum were counted 4,233,000 heads of Roman
citizens. And the third time, with consular imperium, I
conducted a lustrum with my son Tiberius Caesar as
colleague, when Sextus Pompeius and Sextus Appuleius
were consuls (AD 14), in which lustrum were cunted
4,937,000 of the heads of Roman citizens. By new laws
passed with my sponsorship, I restored many traditions of
the ancestors, which were falling into disuse in our age, and
myself I handed on precedents of many things to be
imitated in later generations.
The
marriage
practice
 of the
Imperial
 House
The
marriage
practice
 of the
Imperial
 House
The
marriage
practice
 of the
Imperial
 House
August and his wives....
62. In his youth he was betrothed to the daughter of Publius Servilius
Isauricus, but when he became reconciled with Antony after their first
quarrel, and their troops begged that the rivals be further united by
some tie of kinship, he took to wife Antony's stepdaughter Claudia,
daughter of Fulvia by Publius Clodius, although she was barely of
marriageable age; but because of a falling out with his mother-in-law
Fulvia, he divorced her before they had begun to live together. Shortly
after that he married Scribonia, who had been wedded before to two
ex-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 her
to 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 was
prematurely born. He gave Julia in marriage first to Marcellus, son of
his sister Octavia and hardly more than a boy, and then after his death
to Marcus Agrippa, prevailing upon his sister to yield her son-in-law to
him; for at that time Agrippa had to wife one of the Marcellas and had
children from her. When Agrippa also died, Augustus, after considering
various alliances for a long time, even in the equestrian order, finally
chose his stepson Tiberius, obliging him to divorce his wife, who was
with child and by whom he was already a father. Mark Antony writes
that Augustus first betrothed his daughter to his son Antonius and then
to Cotiso, king of the Getae, at the same time asking for the hand of the
king's daughter for himself in turn.
But at the height of his happiness and his confidence in his family
and its training, Fortune proved fickle. He found the two Julias, his
daughter and granddaughter, guilty of every form of vice, and
banished them. (...) For he was not greatly broken by the fate of
Gaius and Lucius, but he informed the senate of his daughter's fall
through a letter read in his absence by a quaestor, and for very
shame would meet no one for a long time, and even thought of
putting her to death. At all events, when one of her confidantes, a
freedwoman called Phoebe, hanged herself at about that same
time, he said: "I  would rather have been Phoebe's father." After
Julia was banished, he denied her the use of wine and every form
of luxury, and would not allow any man, bond or free, to come
near her without his permission, and then not without being
informed of his stature, complexion, and even of any marks or
scars upon his body. It was not until five years later that he moved
her from the island to the mainland and treated her with somewhat
less rigour. But he could not by any means be prevailed on to recall
her altogether, and when the Roman people several times
interceded for her and urgently pressed their suit, he in open
assembly called upon the gods to curse them with like daughters
and like wives.
The Biology
of Marriage
Why a Wife is not a
                      Prostitute?
For commonly ‘tis thought that wives conceive
More readily in manner of wild-beasts,
After the custom of the four-foot breeds,
Because so postured, with the breasts beneath
And buttocks then up-reared, the seeds can take
                                                Lucretius,
Their proper places. Nor is need the least   de rerum natura
For wives to use the motions of blandishment;
For thus the woman hinders and resists
Her own conception, if too joyously
Herself she treats the Venus of the man
With haunches heaving, and with all her bosom
Now yielding like the billows of the sea-
Aye, from the ploughshare’s even course and track
She throws the furrow, and from proper places
Deflects the spurt of seed. And courtesans
Are thuswise wont to move for their own ends,
To keep from pregnancy and lying in,
And all the while to render Venus more
A pleasure for the men- the which meseems
Our wives have never need of.

More Related Content

Similar to Women5

Customs of the Tagalog Lesson 3.docx
Customs of the Tagalog Lesson 3.docxCustoms of the Tagalog Lesson 3.docx
Customs of the Tagalog Lesson 3.docxJumalynAbraham1
 
2. seminar on the holy sacrament (special)
2. seminar on the holy sacrament (special)2. seminar on the holy sacrament (special)
2. seminar on the holy sacrament (special)Leonard Guiang
 
Bridegroom Film Analysis
Bridegroom Film AnalysisBridegroom Film Analysis
Bridegroom Film AnalysisCarmen Sanborn
 
Bridegroom Film Analysis
Bridegroom Film AnalysisBridegroom Film Analysis
Bridegroom Film AnalysisJennifer Lopez
 
The wife of bath take 2
The wife of bath take 2The wife of bath take 2
The wife of bath take 2melliehan
 
Chaucer's Challege of Gender Roles
Chaucer's Challege of Gender RolesChaucer's Challege of Gender Roles
Chaucer's Challege of Gender Rolesmelliehan
 
The Consequences Of Love In Wuthering Heights And A Storm...
The Consequences Of Love In Wuthering Heights And A Storm...The Consequences Of Love In Wuthering Heights And A Storm...
The Consequences Of Love In Wuthering Heights And A Storm...Elizabeth Jenkins
 
Got ethics - Sex, where is the line?
Got ethics - Sex, where is the line?Got ethics - Sex, where is the line?
Got ethics - Sex, where is the line?Robin Schumacher
 
Research-Position-Paper-Guidelines. Online assignment writing service.
Research-Position-Paper-Guidelines. Online assignment writing service.Research-Position-Paper-Guidelines. Online assignment writing service.
Research-Position-Paper-Guidelines. Online assignment writing service.Jennifer Thomas
 
World Literature Essay Example
World Literature Essay ExampleWorld Literature Essay Example
World Literature Essay ExampleStacey Yeazel
 
1 women marriage certifcate reveal women's hidden stories
1  women marriage certifcate reveal women's hidden stories1  women marriage certifcate reveal women's hidden stories
1 women marriage certifcate reveal women's hidden storiesChinesedressonline
 
Essay Setup Example. How To Write An Essay 7
Essay Setup Example. How To Write An Essay 7Essay Setup Example. How To Write An Essay 7
Essay Setup Example. How To Write An Essay 7Lisa Thompson
 
Owner of Peace, Owner of Lineage
Owner of Peace, Owner of LineageOwner of Peace, Owner of Lineage
Owner of Peace, Owner of LineageTimothy Elder
 
The development of sexuality
The development of sexualityThe development of sexuality
The development of sexualityMakepeace Sitlhou
 
An Analysis Of The Friar In The Canterbury Tales
An Analysis Of The Friar In The Canterbury TalesAn Analysis Of The Friar In The Canterbury Tales
An Analysis Of The Friar In The Canterbury TalesJuanita Conklin
 

Similar to Women5 (20)

Works aristotle
Works aristotleWorks aristotle
Works aristotle
 
Lecture Commentary On Homosexuality
Lecture Commentary On HomosexualityLecture Commentary On Homosexuality
Lecture Commentary On Homosexuality
 
Customs of the Tagalog Lesson 3.docx
Customs of the Tagalog Lesson 3.docxCustoms of the Tagalog Lesson 3.docx
Customs of the Tagalog Lesson 3.docx
 
2. seminar on the holy sacrament (special)
2. seminar on the holy sacrament (special)2. seminar on the holy sacrament (special)
2. seminar on the holy sacrament (special)
 
Women6
Women6Women6
Women6
 
Bridegroom Film Analysis
Bridegroom Film AnalysisBridegroom Film Analysis
Bridegroom Film Analysis
 
Bridegroom Film Analysis
Bridegroom Film AnalysisBridegroom Film Analysis
Bridegroom Film Analysis
 
The wife of bath take 2
The wife of bath take 2The wife of bath take 2
The wife of bath take 2
 
Chaucer's Challege of Gender Roles
Chaucer's Challege of Gender RolesChaucer's Challege of Gender Roles
Chaucer's Challege of Gender Roles
 
The Consequences Of Love In Wuthering Heights And A Storm...
The Consequences Of Love In Wuthering Heights And A Storm...The Consequences Of Love In Wuthering Heights And A Storm...
The Consequences Of Love In Wuthering Heights And A Storm...
 
Got ethics - Sex, where is the line?
Got ethics - Sex, where is the line?Got ethics - Sex, where is the line?
Got ethics - Sex, where is the line?
 
Research-Position-Paper-Guidelines. Online assignment writing service.
Research-Position-Paper-Guidelines. Online assignment writing service.Research-Position-Paper-Guidelines. Online assignment writing service.
Research-Position-Paper-Guidelines. Online assignment writing service.
 
Coven creation by laws
Coven creation by lawsCoven creation by laws
Coven creation by laws
 
World Literature Essay Example
World Literature Essay ExampleWorld Literature Essay Example
World Literature Essay Example
 
1 women marriage certifcate reveal women's hidden stories
1  women marriage certifcate reveal women's hidden stories1  women marriage certifcate reveal women's hidden stories
1 women marriage certifcate reveal women's hidden stories
 
Essay Setup Example. How To Write An Essay 7
Essay Setup Example. How To Write An Essay 7Essay Setup Example. How To Write An Essay 7
Essay Setup Example. How To Write An Essay 7
 
Owner of Peace, Owner of Lineage
Owner of Peace, Owner of LineageOwner of Peace, Owner of Lineage
Owner of Peace, Owner of Lineage
 
Nature of marriage
Nature of marriageNature of marriage
Nature of marriage
 
The development of sexuality
The development of sexualityThe development of sexuality
The development of sexuality
 
An Analysis Of The Friar In The Canterbury Tales
An Analysis Of The Friar In The Canterbury TalesAn Analysis Of The Friar In The Canterbury Tales
An Analysis Of The Friar In The Canterbury Tales
 

More from Jakub Urbanik (9)

Women13
Women13Women13
Women13
 
Women11 12
Women11 12Women11 12
Women11 12
 
Women9
Women9Women9
Women9
 
Women8
Women8Women8
Women8
 
Women7
Women7Women7
Women7
 
Women4
Women4Women4
Women4
 
Women3
Women3Women3
Women3
 
Women2
Women2Women2
Women2
 
Women2
Women2Women2
Women2
 

Recently uploaded

ISO 37000:2021 - Governance of Organizations Awareness Training
ISO 37000:2021 - Governance of Organizations Awareness TrainingISO 37000:2021 - Governance of Organizations Awareness Training
ISO 37000:2021 - Governance of Organizations Awareness TrainingOperational Excellence Consulting
 
Personal Brand Exploration - Regina Aparicio
Personal Brand Exploration - Regina AparicioPersonal Brand Exploration - Regina Aparicio
Personal Brand Exploration - Regina Aparicioaparicioregina7
 
Building Your Personal Brand on LinkedIn - Expert Planet- 2024
 Building Your Personal Brand on LinkedIn - Expert Planet-  2024 Building Your Personal Brand on LinkedIn - Expert Planet-  2024
Building Your Personal Brand on LinkedIn - Expert Planet- 2024Stephan Koning
 
Abu Dhabi Vip Call Girl (971555702306 Uh
Abu Dhabi Vip Call Girl (971555702306 UhAbu Dhabi Vip Call Girl (971555702306 Uh
Abu Dhabi Vip Call Girl (971555702306 Uhdubaibur119
 
ethnographic research. A step by step guide for students who want to know abo...
ethnographic research. A step by step guide for students who want to know abo...ethnographic research. A step by step guide for students who want to know abo...
ethnographic research. A step by step guide for students who want to know abo...legal
 
LinkedIn-Deep-Sales-Playbook-Report-.pdf
LinkedIn-Deep-Sales-Playbook-Report-.pdfLinkedIn-Deep-Sales-Playbook-Report-.pdf
LinkedIn-Deep-Sales-Playbook-Report-.pdfSocial Samosa
 
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfTalent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfCharles Cotter, PhD
 
Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...
Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...
Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...mwangimwangi222
 
Entrepreneurship & organisations: influences and organizations
Entrepreneurship & organisations: influences and organizationsEntrepreneurship & organisations: influences and organizations
Entrepreneurship & organisations: influences and organizationsP&CO
 
Puppet Maker Puppet Maker
Puppet Maker                Puppet MakerPuppet Maker                Puppet Maker
Puppet Maker Puppet Makerqasimishaq8
 
The Canvas of Creative Mastery Newsletter_March 2024
The Canvas of Creative Mastery Newsletter_March 2024The Canvas of Creative Mastery Newsletter_March 2024
The Canvas of Creative Mastery Newsletter_March 2024AmirYakdi
 
NewBase 25 March 2024 Energy News issue - 1710 by Khaled Al Awadi_compress...
NewBase  25 March  2024  Energy News issue - 1710 by Khaled Al Awadi_compress...NewBase  25 March  2024  Energy News issue - 1710 by Khaled Al Awadi_compress...
NewBase 25 March 2024 Energy News issue - 1710 by Khaled Al Awadi_compress...Khaled Al Awadi
 
Jonathon Reily - Personal Brand Exploration
Jonathon Reily - Personal Brand ExplorationJonathon Reily - Personal Brand Exploration
Jonathon Reily - Personal Brand Explorationjpreily
 
Lecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toLecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toumarfarooquejamali32
 
Laboy Rolon RIcardo MBBS 2024-06 Presentation
Laboy Rolon RIcardo MBBS 2024-06 PresentationLaboy Rolon RIcardo MBBS 2024-06 Presentation
Laboy Rolon RIcardo MBBS 2024-06 Presentationrickylaboy2005
 
John Wylie - Personal Brand Exploration Keynote
John Wylie - Personal Brand Exploration KeynoteJohn Wylie - Personal Brand Exploration Keynote
John Wylie - Personal Brand Exploration KeynoteJohn Wylie
 
Fabyon Price Personal Brand Exploration 2024
Fabyon Price Personal Brand Exploration 2024Fabyon Price Personal Brand Exploration 2024
Fabyon Price Personal Brand Exploration 2024fcprice
 
Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)
Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)
Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)tazeenaila12
 
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfGraham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfAnhNguyen97152
 

Recently uploaded (20)

ISO 37000:2021 - Governance of Organizations Awareness Training
ISO 37000:2021 - Governance of Organizations Awareness TrainingISO 37000:2021 - Governance of Organizations Awareness Training
ISO 37000:2021 - Governance of Organizations Awareness Training
 
Personal Brand Exploration - Regina Aparicio
Personal Brand Exploration - Regina AparicioPersonal Brand Exploration - Regina Aparicio
Personal Brand Exploration - Regina Aparicio
 
Building Your Personal Brand on LinkedIn - Expert Planet- 2024
 Building Your Personal Brand on LinkedIn - Expert Planet-  2024 Building Your Personal Brand on LinkedIn - Expert Planet-  2024
Building Your Personal Brand on LinkedIn - Expert Planet- 2024
 
Abu Dhabi Vip Call Girl (971555702306 Uh
Abu Dhabi Vip Call Girl (971555702306 UhAbu Dhabi Vip Call Girl (971555702306 Uh
Abu Dhabi Vip Call Girl (971555702306 Uh
 
ethnographic research. A step by step guide for students who want to know abo...
ethnographic research. A step by step guide for students who want to know abo...ethnographic research. A step by step guide for students who want to know abo...
ethnographic research. A step by step guide for students who want to know abo...
 
LinkedIn-Deep-Sales-Playbook-Report-.pdf
LinkedIn-Deep-Sales-Playbook-Report-.pdfLinkedIn-Deep-Sales-Playbook-Report-.pdf
LinkedIn-Deep-Sales-Playbook-Report-.pdf
 
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdfTalent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
Talent Management research intelligence_13 paradigm shifts_20 March 2024.pdf
 
Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...
Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...
Solution Manual for Exploring Strategy Text And Cases 12th Edition Gerry John...
 
Entrepreneurship & organisations: influences and organizations
Entrepreneurship & organisations: influences and organizationsEntrepreneurship & organisations: influences and organizations
Entrepreneurship & organisations: influences and organizations
 
Puppet Maker Puppet Maker
Puppet Maker                Puppet MakerPuppet Maker                Puppet Maker
Puppet Maker Puppet Maker
 
Trailbrazer In Socially Conscious Construction
Trailbrazer In Socially Conscious ConstructionTrailbrazer In Socially Conscious Construction
Trailbrazer In Socially Conscious Construction
 
The Canvas of Creative Mastery Newsletter_March 2024
The Canvas of Creative Mastery Newsletter_March 2024The Canvas of Creative Mastery Newsletter_March 2024
The Canvas of Creative Mastery Newsletter_March 2024
 
NewBase 25 March 2024 Energy News issue - 1710 by Khaled Al Awadi_compress...
NewBase  25 March  2024  Energy News issue - 1710 by Khaled Al Awadi_compress...NewBase  25 March  2024  Energy News issue - 1710 by Khaled Al Awadi_compress...
NewBase 25 March 2024 Energy News issue - 1710 by Khaled Al Awadi_compress...
 
Jonathon Reily - Personal Brand Exploration
Jonathon Reily - Personal Brand ExplorationJonathon Reily - Personal Brand Exploration
Jonathon Reily - Personal Brand Exploration
 
Lecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb toLecture_6.pptx English speaking easyb to
Lecture_6.pptx English speaking easyb to
 
Laboy Rolon RIcardo MBBS 2024-06 Presentation
Laboy Rolon RIcardo MBBS 2024-06 PresentationLaboy Rolon RIcardo MBBS 2024-06 Presentation
Laboy Rolon RIcardo MBBS 2024-06 Presentation
 
John Wylie - Personal Brand Exploration Keynote
John Wylie - Personal Brand Exploration KeynoteJohn Wylie - Personal Brand Exploration Keynote
John Wylie - Personal Brand Exploration Keynote
 
Fabyon Price Personal Brand Exploration 2024
Fabyon Price Personal Brand Exploration 2024Fabyon Price Personal Brand Exploration 2024
Fabyon Price Personal Brand Exploration 2024
 
Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)
Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)
Harvard Business Review.pptx | Navigating Labor Unrest (March-April 2024)
 
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdfGraham and Doddsville - Issue 1 - Winter 2006 (1).pdf
Graham and Doddsville - Issue 1 - Winter 2006 (1).pdf
 

Women5

  • 1. Marriage The Purpose of Marriage Ways of Contracting: law versus Custom Biology of Marriage
  • 3. Why marry? Pseudo-Demostenes, Against Neira: This is matrimony: when a man begets children and presents his sons to his phratry and deme, and gives his daughters, as being his own in marriage to their husbands. Hetaerae we keep for our pleasure, concubines / servants (pallakai) for daily attendance upon our person, but wives for the procreation of legitimate children and to be the faithful guardians of our households.
  • 4. The Roman View Modestinus.... D. 23.2.1 (Modestinus, [28] Rules, book 1). Marriage is the union of male and female and the sharing of life together (consortium omnis vitae), involving both divine and human law.
  • 5. One must marry: Augustus’ reasoning of his Laws on Marriage: a quote from 131BC speech of Q. Caecilius Metellus Macedonicus: ... if we could survive without a wife, citizens of Rome, all of us would do without that nuisance; but since nature has so decreed that we cannot manage comfortably with them, nor live in any way without them,we must plan for our lasting preservation rather than for our temporary pleasure.
  • 6. Cato and the Metaphor of the Noble Soil • Marcus Porcius Cato Uticensis • Marcia • Quintus Hortensius Hortalus • Marcus Calpurnius Bibulus
  • 7. Plutarch, Life of Cato Then he married a daughter of Philippus, Marcia, a woman of reputed excellence, about whom there was the most abundant talk; and this part of Cato's life, like a drama, has given rise to dispute and is hard to explain. Quintus Hortensius: ‘According to the opinion of men, he argued, such a course was absurd, but according to the law of nature it was honourable and good for the state that a woman in the prime of youth and beauty should neither quench her productive power and lie idle, nor yet, by bearing more offspring than enough, burden and impoverish a husband who does not want them’.
  • 8. Plutarch, Life of Cato Moreover, community in heirs among worthy men would make virtue abundant and widely diffused in their families, and the state would be closely cemented together by family alliances. Then Hortensius changed his tactics and boldly asked for the wife of Cato himself, since she was still young enough to bear children, and Cato had heirs enough. However, seeing the earnestness and eager desire of Hortensius, Cato would not refuse, but said that Philippus also, Marcia's father, must approve of this step. Accordingly, Philippus was consulted and expressed his consent, but he would not give Marcia in marriage until Cato himself was present and joined in giving the bride away.
  • 9. social customs & marriage making
  • 10. plutarch on marriage
  • 11. Why do they bid the bride touch fire and water?
  • 12. 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?
  • 13. 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?
  • 14. 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?
  • 15. 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?
  • 16. Why do they not allow the bride to cross the threshold of her home herself, but those who are escorting her lift her over?
  • 17. Why do they not allow the bride to cross the threshold of her home herself, but those who are 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?
  • 18. Why do they not allow the bride to cross the threshold of her home herself, but those who are 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?
  • 19. Why do they not allow the bride to cross the threshold of her home herself, but those who are 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.
  • 20. Why do they, as they conduct the bride to her home, bid her say, “Where you are Gaius, there am I Gaia”?
  • 21. 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.
  • 22. 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 Tarquin's 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
  • 29. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power.
  • 30. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium):
  • 31. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium): 1. affectio maritalis
  • 32. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium): 1. affectio maritalis which can be expressed between two people
  • 33. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium): 1. affectio maritalis which can be expressed between two people 2. of legal age
  • 34. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium): 1. affectio maritalis which can be expressed between two people 2. of legal age having
  • 35. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium): 1. affectio maritalis which can be expressed between two people 2. of legal age having 3. conubium
  • 36. Pre-requisites of marriage Excerpts from the Works of Ulpian, 5.2: A valid (legitimate) marriage is made, when there is conubium between the contracting parties, and if the man is adult and the woman is able to procreate, and if both of them agree, if they are autonomous or also their fathers, if they are still in their power. Pre-requites of a legally recognised union (iustum matrimonium): 1. affectio maritalis which can be expressed between two people 2. of legal age having 3. conubium in regard to one another
  • 37. Creation of Marriage Affectio maritalis D. 23.2.2 (Paul, Edict, book 35) A marriage can only exist if all agree, that is the parties and those in whose power they are.
  • 38. affectio maritalis and its continuos character
  • 39. affectio maritalis and its continuos character Edoardo Volterra and his role in the modern view on Roman marriage: from the initial consent to the continuity of its expression.
  • 40. affectio maritalis and its continuos character Edoardo Volterra and his role in the modern view on Roman marriage: from the initial consent to the continuity of its expression. major arguments:
  • 41. affectio maritalis and its continuos character Edoardo Volterra and his role in the modern view on Roman marriage: from the initial consent to the continuity of its expression. major arguments: informality of divorce
  • 42. affectio maritalis and its continuos character Edoardo Volterra and his role in the modern view on Roman marriage: from the initial consent to the continuity of its expression. major arguments: informality of divorce non-existence of bigamy in Roman law (Cicero and the Spanish wife.)
  • 43. affectio maritalis and its continuos character Edoardo Volterra and his role in the modern view on Roman marriage: from the initial consent to the continuity 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
  • 44. 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 as their opinion in a case which arose between Terentia and Maecenas, that if the divorce was genuine, the donation would be valid, but if it was simulated, it would be void. However, what Proculus and Caecilius hold is true, namely, that a divorce is genuine, and a donation made on account of it is valid, where another marriage follows, or the woman remains for so long a time unmarried that there is no doubt of a dissolution of the marriage, otherwise the donation will be of no force or effect.
  • 46. the problems with affectio maritalis uncertainty of status (as legitimate children enter under patria potestas and automatically obtain citizenship)
  • 47. the problems with affectio maritalis uncertainty of status (as legitimate children enter under patria potestas and automatically obtain citizenship) financial problems (gifts and dowries!)
  • 48. the problems with affectio maritalis uncertainty of status (as legitimate children enter under patria potestas and automatically obtain citizenship) financial problems (gifts and dowries!) penal issues (exemption from the sanctions for stuprum and adulterium
  • 49. The presumption of marriage? D. 23.2.24 (Modestinus, Rules, book 1). Cohabitation with a free woman is to be considered marriage not concubinage, unless she is a prostitute D. 24.2.3. Paulus, On the Edict, Book XXXV. It is not a true or actual divorce unless the purpose is to establish a perpetual separation. Therefore, whatever is done or said in the heat of anger is not valid, unless the determination becomes apparent by the parties persevering in their intention, and hence where repudiation takes place in the heat of anger and the wife returns in a short time, she is not held to have been divorced.
  • 50. the consent of the father... D. 23.2.21. Terentius Clemens, On the Lex Julia et Papia, Book III. A son under paternal control cannot be forced to marry. D. 23.2.22 (Celsus, Digest, book 15). If under pressure from his father a man takes a wife, whom he would not have married if he had followed his own inclination, still, though there is no marriage without consent, he contracted a marriage; he is regarded as having preferred to do so.
  • 51. the consent of the father...
  • 52. the consent of the father... D. 23.1.11 (Julianus, Digest, book 16). Engagement like marriage comes about by the consent of the parties, and so a daughter-in-power's consent is needed for an engagement as it is for a marriage.
  • 53. the consent of the father... D. 23.1.11 (Julianus, Digest, book 16). Engagement like marriage comes about by the consent of the parties, and so a daughter-in-power's consent is needed for an engagement as it is for a marriage. 23.1.12 (Ulpian, On Betrothal, sole book) (pr.) A daughter who does not oppose her father's will [as regards her engagement] is taken to agree. (1) She is free to disagree only if her father chooses her a fiancé who is unworthy or of bad character.
  • 54. the consent of the father... D. 23.1.11 (Julianus, Digest, book 16). Engagement like marriage comes about by the consent of the parties, and so a daughter-in-power's consent is needed for an engagement as it is for a marriage. 23.1.12 (Ulpian, On Betrothal, sole book) (pr.) A daughter who does not oppose her father's will [as regards her engagement] is taken to agree. (1) She is free to disagree only if her father chooses her a fiancé who is unworthy or of bad character. 23.1.7.1 (Paul, Edict, book 35) For an engagement the same people have to agree as for a marriage. Nevertheless, Julian writes that the father of a daughter-in-power is understood to consent unless he explicitly disagrees.
  • 56. Conubium a relative capacity inherent to ius civile corresponds – even if negatively and anachronistically – to the canonistic-modern notion of matrimonial impediments
  • 58. lack of conubium • difference of genders: (legally irrelevant: Nero and Pytha- goras)
  • 59. lack of conubium • difference of genders: (legally irrelevant: Nero and Pytha- goras) • blood-relation
  • 60. lack of conubium • difference of genders: (legally irrelevant: Nero and Pytha- goras) • blood-relation • in direct line: totally
  • 61. lack of conubium • 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)
  • 62. lack of conubium • 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?
  • 63. Plutarch, Roman Questions 108: Why do they not marry women who are closely akin to them? Do they wish to enlarge their relationships by marriage and to acquire many additional kinsmen by bestowing wives upon others and receiving wives from others? Or do they fear the disagreements which arise in marriages of near kin, on the ground that these tend to destroy natural rights? Or, since they observe that women by reason of their weakness need many protectors, were they not willing to take as partners in their household women closely akin to them, so that if their husbands wronged them, their kinsmen might bring them succour?
  • 65. Gnomon § 23 κγ οὐκ ἐξὸν Ῥωμαίοις ἀδελφὰς γῆμαι οὐδὲ τηθίδας, ἀδελφῶν θυγατέρας συνκεχώρηται. Παρδαλᾶς μέντοι ἀδελφῶν συνελθόντων τὰ ὑπάρχοντα/ ἀνέλαβεν. § 23 It shall not be allowed for the Romans to marry sisters or aunts. It is permitted in case of brothers’ daughters. Pardalas indeed confiscated estates of married siblings.
  • 68. No conubium cnd. •patricians and plebeians •The law of XII Tables
  • 69. No conubium cnd. •patricians and plebeians •The law of XII Tables •Liwius: ne incerta prole auspicia turberentur.
  • 70. No conubium cnd. •patricians and plebeians •The law of XII Tables •Liwius: ne incerta prole auspicia turberentur. •the reasons of lex Canuleia.
  • 71. 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
  • 72. 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.
  • 74. Lack of conubium • people from the senatorial estate and low- class occupations as well as freedmen
  • 75. Lack of conubium • people from the senatorial estate and low- class occupations as well as freedmen • Jews and christians
  • 76. 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.
  • 77. Freed-Women - reconsidered 11. Ulpianus, On the Lex Julia et Papia, Book III. Where the law says: “A freedwoman, who is married to her patron, shall not be granted the right to divorce” this is not held to have made the divorce ineffective, because marriage is ordinarily dissolved by the Civil Law; therefore we cannot say that the marriage exists, as a separation has taken place. Again, Julianus says that a wife is not under such circumstances entitled to an action to recover her dowry; hence it is reasonable that when her patron desires her to remain his wife she cannot marry anyone else. For, as the legislator understood that the marriage was, to a certain extent, dissolved by the act of the freedwoman, he prevented her marriage with another, wherefore if she should marry anyone else, she will be considered as not married. Julianus, indeed, goes farther, for he thinks that such a woman cannot even live in concubinage with anyone except her patron.
  • 78. Freed-Women - reconsidered 11. Ulpianus, On the Lex Julia et Papia, Book III. Where the law says: “A freedwoman, who is married to her patron, shall not be granted the right to divorce” this is not held to have made the divorce ineffective, because marriage is ordinarily dissolved by the Civil Law; therefore we cannot say that the marriage exists, as a separation has taken place. Again, Julianus says that a wife is not under such circumstances entitled to an action to recover her dowry; hence it is reasonable that when her patron desires her to remain his wife she cannot marry anyone else. For, as the legislator understood that the marriage was, to a certain extent, dissolved by the act of the freedwoman, he prevented her marriage with another, wherefore if she should marry anyone else, she will be considered as not married. Julianus, indeed, goes farther, for he thinks that such a woman cannot even live in concubinage with anyone except her patron.
  • 79. Freed-Women - reconsidered 11. Ulpianus, On the Lex Julia et Papia, Book III. Where the law says: “A freedwoman, who is married to her patron, shall not be granted the right to divorce” this is not held to have made the divorce ineffective, because marriage is ordinarily dissolved by the Civil Law; therefore we cannot say that the marriage exists, as a separation has taken place. Again, Julianus says that a wife is not under such circumstances entitled to an action to recover her dowry; hence it is reasonable that when her patron desires her to remain his wife she cannot marry anyone else. For, as the legislator understood that the marriage was, to a certain extent, dissolved by the act of the freedwoman, he prevented her marriage with another, wherefore if she should marry anyone else, she will be considered as not married. Julianus, indeed, goes farther, for he thinks that such a woman cannot even live in concubinage with anyone except her patron.
  • 80. (1) The law says: “As long as the patron desires her to remain his wife.” This means that the patron wishes her to be his wife, and that his relationship towards her should continue to exist; therefore where he either ceases to be her patron, or to desire that she should remain his wife, the authority of the law is at an end. (2) It has been most justly established that the benefit of this law 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 ground of 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 was understood to be unwilling that the woman should remain his wife, when he brings this action or another like it, which it is not customary to do unless in case of divorce. Wherefore, if the husband accuses her of adultery or of some other crime of which no one can accuse a wife but her husband, the better opinion is that the marriage is dissolved; for it should be remembered that the wife is not deprived of the right to marry another except where the patron himself desires to retain her in that capacity. Hence, whenever even a slight reason indicates that the husband does not desire her to remain his wife, it must be said that the freedwoman has already acquired the right to contract marriage with another. Therefore, if the patron has betrothed himself to, or destined 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. The same rule will apply where he keeps the woman as his concubine.
  • 81. (1) The law says: “As long as the patron desires her to remain his wife.” This means that the patron wishes her to be his wife, and that his relationship towards her should continue to exist; therefore where he either ceases to be her patron, or to desire that she should remain his wife, the authority of the law is at an end. (2) It has been most justly established that the benefit of this law 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 ground of 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 was understood to be unwilling that the woman should remain his wife, when he brings this action or another like it, which it is not customary to do unless in case of divorce. Wherefore, if the husband accuses her of adultery or of some other crime of which no one can accuse a wife but her husband, the better opinion is that the marriage is dissolved; for it should be remembered that the wife is not deprived of the right to marry another except where the patron himself desires to retain her in that capacity. Hence, whenever even a slight reason indicates that the husband does not desire her to remain his wife, it must be said that the freedwoman has already acquired the right to contract marriage with another. Therefore, if the patron has betrothed himself to, or destined 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. The same rule will apply where he keeps the woman as his concubine.
  • 82. Fritz Schulz (1879-1957) and the “Humanity” of Roman law “The classical law of marriage is an imposing, perhaps the most imposing, achievement of the Roman legal genius. For the first time in the history of civilization there appeared a purely humanistic law of marriage, viz. a law founded on a purely humanistic idea of marriage as being a free and freely dissoluble union of two equal partners for life”
  • 84. Manus and Marriage • Conventio in manu mariti:
  • 85. Manus and Marriage • Conventio in manu mariti: • Confarreatio : ‘by spelt bread’
  • 86. Manus and Marriage • Conventio in manu mariti: • Confarreatio : ‘by spelt bread’ • Coëmptio: ‘by ritual sale’
  • 87. Manus and Marriage • Conventio in manu mariti: • Confarreatio : ‘by spelt bread’ • Coëmptio: ‘by ritual sale’ • Usus : ‘usucaption of power’.
  • 88. 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.
  • 89. 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.
  • 90. 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.
  • 92. Lex Iulia et Pappia de maritandis ordinibus; Lex Iulia de adulteris Augustus' law. Rome, 18 B.C. (Suetonius, Life of Augustus 34. L) He reformed the laws and completely overhauled some of them, such as the sumptuary law, that on adultery and chastity, that on bribery, and marriage of the various classes. Having shown greater severity in the emendation of this last than the others, as a result of the agitation of its opponents he was unable to get it approved except by abolishing or mitigating part of the penalty, conceding a three-year grace-period (before remarriage) and increasing the rewards (for having children). Nevertheless, when, during a public show the order of knights asked him with insistence to revoke it, he summoned the children of Germanicus, holding some of them near him and setting others on their father's knee; and in so doing he gave the demonstrators to understand through his affectionate gestures and expressions that they should not object to imitating that young man's example. Moreover, when he found out that the law was being sidestepped through engagements to young girls and frequent divorces, he put a time limit on engagement and clamped down on divorce.
  • 93. Lex Iulia et Pappia de maritandis ordinibus; Lex Iulia de adulteris Prizes for marriage and having children. Rome, 1st cent. A.D. (Dio Cassius, History of Rome 54.16.1-1. Early 3rd cent. A.D. G) [Augustus] assessed heavier taxes on unmarried men and women without husbands, and by contrast offered awards for marriage and childbearing. And since there were more males than females among the nobility, he permitted anyone who wished (except for senators) to marry freedwomen, and decreed that children of such marriages be legitimate.
  • 94. ‘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).
  • 95. Lex Iulia de adulteris 2.26 (1) In the second chapter of the lex Julia concerning adultery, either an adoptive or a natural father is permitted to kill with his own hands an adulterer caught in the act with his daughter in his own house or in that of his 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, while it is inferred from the words of the law that he cannot kill her, still, he ought to be permitted to do so. (4) A husband cannot kill anyone taken in adultery except persons who are infamous, and those who sell their bodies for gain, as well as slaves. His wife, however, is excepted, and he is forbidden to kill her.
  • 96. Lex Iulia de adulteris (5) It has been decided that a husband who kills his wife when caught with an adulterer should be punished more leniently, for the reason that he committed the act through impatience caused by just suffering. (6) After having killed the adulterer, the husband should at once dismiss his wife, and publicly declare within the next three days with what adulterer, and in what place he found his wife. (7) A husband who surprises his wife in adultery can only kill the adulterer when he catches him in his own house. (8) It has been decided that a husband who does not at once dismiss his wife whom he has taken in adultery can be prosecuted as a pimp. (10) It should be noted that two adulterers can be accused at the same time with the wife, but more than that number cannot be. (11) It has been decided that adultery cannot be committed with women who have charge of any business or shop.
  • 97. Lex Iulia de adulteris C. 9.9.1: Severus/Caracalla to Cassia (197 AD): The Julian Law declares that wives have no right to bring criminal accusations for adultery, even as regards their own marriage, for while the law grants this privilege to men it does not concede it to women….
  • 99. Results? Res gestae divi Augusti 8. When I was consul the fifth time (29 B.C), I increased the number of patricians by order of the people and senate. I read the roll of the senate three times, and in my sixth consulate (28 B.C.) I made a census of the people with Marcus Agrippa as my colleague. I conducted a lustrum, after a forty-one year gap, in which lustrum were counted 4,063,000 heads of Roman citizens. Then again, with consular imperium I conducted a lustrum alone when Gaius Censorinus and Gaius Asinius were consuls (8 B.C), in which lustrum were counted 4,233,000 heads of Roman citizens. And the third time, with consular imperium, I conducted a lustrum with my son Tiberius Caesar as colleague, when Sextus Pompeius and Sextus Appuleius were consuls (AD 14), in which lustrum were cunted 4,937,000 of the heads of Roman citizens. By new laws passed with my sponsorship, I restored many traditions of the ancestors, which were falling into disuse in our age, and myself I handed on precedents of many things to be imitated in later generations.
  • 103. August and his wives.... 62. In his youth he was betrothed to the daughter of Publius Servilius Isauricus, but when he became reconciled with Antony after their first quarrel, and their troops begged that the rivals be further united by some tie of kinship, he took to wife Antony's stepdaughter Claudia, daughter of Fulvia by Publius Clodius, although she was barely of marriageable age; but because of a falling out with his mother-in-law Fulvia, he divorced her before they had begun to live together. Shortly after that he married Scribonia, who had been wedded before to two ex-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 her to the end without a rival.
  • 104. Iulia Text - Ahrodite
  • 105. 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 was prematurely born. He gave Julia in marriage first to Marcellus, son of his sister Octavia and hardly more than a boy, and then after his death to Marcus Agrippa, prevailing upon his sister to yield her son-in-law to him; for at that time Agrippa had to wife one of the Marcellas and had children from her. When Agrippa also died, Augustus, after considering various alliances for a long time, even in the equestrian order, finally chose his stepson Tiberius, obliging him to divorce his wife, who was with child and by whom he was already a father. Mark Antony writes that Augustus first betrothed his daughter to his son Antonius and then to Cotiso, king of the Getae, at the same time asking for the hand of the king's daughter for himself in turn.
  • 106. But at the height of his happiness and his confidence in his family and its training, Fortune proved fickle. He found the two Julias, his daughter and granddaughter, guilty of every form of vice, and banished them. (...) For he was not greatly broken by the fate of Gaius and Lucius, but he informed the senate of his daughter's fall through a letter read in his absence by a quaestor, and for very shame would meet no one for a long time, and even thought of putting her to death. At all events, when one of her confidantes, a freedwoman called Phoebe, hanged herself at about that same time, he said: "I  would rather have been Phoebe's father." After Julia was banished, he denied her the use of wine and every form of luxury, and would not allow any man, bond or free, to come near her without his permission, and then not without being informed of his stature, complexion, and even of any marks or scars upon his body. It was not until five years later that he moved her from the island to the mainland and treated her with somewhat less rigour. But he could not by any means be prevailed on to recall her altogether, and when the Roman people several times interceded for her and urgently pressed their suit, he in open assembly called upon the gods to curse them with like daughters and like wives.
  • 108. Why a Wife is not a Prostitute? For commonly ‘tis thought that wives conceive More readily in manner of wild-beasts, After the custom of the four-foot breeds, Because so postured, with the breasts beneath And buttocks then up-reared, the seeds can take Lucretius, Their proper places. Nor is need the least de rerum natura For wives to use the motions of blandishment; For thus the woman hinders and resists Her own conception, if too joyously Herself she treats the Venus of the man With haunches heaving, and with all her bosom Now yielding like the billows of the sea- Aye, from the ploughshare’s even course and track She throws the furrow, and from proper places Deflects the spurt of seed. And courtesans Are thuswise wont to move for their own ends, To keep from pregnancy and lying in, And all the while to render Venus more A pleasure for the men- the which meseems Our wives have never need of.

Editor's Notes

  1. \n
  2. \n
  3. \n
  4. \n
  5. \n
  6. \n
  7. \n
  8. \n
  9. \n
  10. \n
  11. \n
  12. \n
  13. \n
  14. \n
  15. \n
  16. \n
  17. \n
  18. \n
  19. \n
  20. \n
  21. \n
  22. \n
  23. \n
  24. \n
  25. \n
  26. \n
  27. \n
  28. \n
  29. \n
  30. \n
  31. \n
  32. \n
  33. \n
  34. \n
  35. \n
  36. \n
  37. \n
  38. \n
  39. \n
  40. \n
  41. \n
  42. \n
  43. \n
  44. \n
  45. \n
  46. \n
  47. \n
  48. \n
  49. \n
  50. \n
  51. \n
  52. \n
  53. \n
  54. \n
  55. \n
  56. \n
  57. \n
  58. \n
  59. \n
  60. \n
  61. \n
  62. \n
  63. \n
  64. \n
  65. \n
  66. \n
  67. \n
  68. \n
  69. \n
  70. \n
  71. \n
  72. \n
  73. \n
  74. \n
  75. \n
  76. \n
  77. \n
  78. \n
  79. \n
  80. \n
  81. \n
  82. \n
  83. \n
  84. \n
  85. \n
  86. \n
  87. \n
  88. \n
  89. \n
  90. \n
  91. \n
  92. \n
  93. \n
  94. \n
  95. \n
  96. \n