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Divorce	
or: do Roman wives
count their age by the number of husbands?
General Principles


D. 24.2.1. Paulus, On the Edict, Book XXXV. Marriage is
dissolved by divorce, death, captivity, or by any other kind of
servitude which may happen to be imposed upon either of the
parties.
How easy?


the principle of affectio maritalis: it’s effect on marriage
existence

presumption of marriage?
Maecenas & Terentia
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 Mæcenas, 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.
When Affectio ceases?
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.
Form?
D. 24.2.2. Gaius, On the Provincial Edict, Book XI. The word
divorce is derived either from diversity of opinion, or because those
who dissolve their marriage go different ways. (1) In cases of
repudiation, that is to say, in renunciation of marriage, the following
words are employed: tuas res tibi habeto “Get yourself your things”
or tuas res tibi agito “Look after your things.” (…) (3) It makes no
difference whether the renunciation takes place in the presence or
in the absence of the person under whose control one of the
parties may be, or of him who is under said control.
Form?!
D. 24.2.9. Paulus, On Adultery, Book II. No divorce is
valid unless it takes place in the presence of seven
Roman citizens, who are of age, but for the freedman of
the party who institutes proceedings for that purpose.
We understand the freedman to be one who has been
manumitted by the father, the grandfather, the great-
grandfather, and other ascendants interested in the
proceedings above mentioned.
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.
(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.
The Attitude towards Divorce
In Law....
D. 24.1.60.1 (Hermogenianus, Epitomes of Law) Donations are
permitted between husband and wife in case of divorce; for this often
happens either on account of the husband entering the priesthood, or
because of sterility,

D. 24.1. 61. Gaius, On the Provincial Edict, Book XL Or where
marriage cannot conveniently exist on account of old age, illness, or
military service,

D. 24.1.62. Hermogenianus, Epitomes of Law, Book II. And for these
reasons the marriage is dissolved with a friendly disposition.
through the eyes of Moralists:
  who’s to be blamed?
Seneca, On Benefits, 3.16.2-3
Is there any woman that blushes at divorce now that certain
illustrious and noble ladies reckon their years, not by the number of
consuls, but by the number of their husbands, and leave home in
order to marry, and marry in order to be divorced?  They shrank from
this scandal as long as it was rare; now, since every gazette has a
divorce case, they have learned to do what they used to hear so much
about.  Is there any shame at all for adultery now that matters have
come to such a pass that no woman has any use for a husband except
to inflame her paramour?  Chastity is simply a proof of ugliness. 
Where will you find any woman so wretched, so unattractive, as to be
content with a couple of paramours - without having each hour assigned
to a different one? 
through the eyes of Moralists:
who’s to be blamed?
Juvenal, Satire VI, 220 ff. : If you are honestly uxorious, and
devoted to one woman, then bow your head and submit your neck
ready to bear the yoke. Never will you find a woman who spares the
man who loves her; for though she be herself aflame, she delights
to torment and plunder him. So the better the man, the more
desirable he be as a husband, the less good by far will he get out of
his wife. No present will you ever make if your wife forbids; nothing
will you ever sell if she objects; nothing will you buy without her
consent. (...) Thus does the tale of her husbands grow; there will be
eight of them in the course of five autumns--a fact worthy of
commemoration on her tomb!
through the eyes of Moralists:
who’s to be blamed?

 Martialis: vi 7.4-5: Since the time the Julian Law came back to
life, since Modesty was ordered to enter the houses, no more
no less have passed thirty lights and Telesilla has married
already the tenth husband. The one who marries so many
times, marries not, she is a legal adulteress. I am less offended
by a simple harlot.
Turia and her reasons for divorce
Laudatio Turiae: (31) When you despaired of your ability to bear children
and grieved over my childlessness, you became anxious lest by retaining
you in marriage I might lose all hope of having children and be distressed
for that reason. So you proposed a divorce outright and offered to yield our
house free to another woman's fertility. Your intention was in fact that you
yourself, relying on our well-known conformity of sentiment, would search
out and provide for me a wife who was worthy and suitable for me, and you
declared that you would regard future children as joint and as though your
own, and that you would not effect a separation of our property which had
hitherto been held in common, but that it would still be under my control
and, if I wished so, under your administration: nothing would be kept apart
by you, nothing separate, and you would thereafter take upon yourself the
duties and the loyalty of a sister and a mother-in-law.
Apuleius, Apologia, on divorce
 A widow on the other hand, if divorced, leaves you as she came. She
brings you nothing that she cannot ask back, she has been another's
and is certainly far from tractable to your wishes; she looks
suspiciously on her new home, while you regard her with suspicion
because she has already been parted from one husband: if it was by
death she lost her husband, the evil omen of her ill-starred union
minimizes her attractions, while, if she left him by divorce, she
possesses one of two faults: either she was s o intolerable that
she was divorced by her husband, or so insolent as to divorce
him. It is for reasons of this kind among others that widows offer
a larger dowry to attract suitors for their hands. Pudentilla would
have done the same had she not found a philosopher indifferent
to her dowry.
THE PREDICTIONS OF ASTRAMPSYCHOS:

21: WHETHER I SHALL GET MARRIED AND
    WOULD IT BE GOOD FOR ME?
90: WHETHER I DIVORCE OR NOT MY WIFE?




                                        TEXT




ASTRAMPSYCHOS
August’s Law and the
obligation to divorce
48.5.1 (Ulpian, On Adultery, book 1) The Julian law on adultery was
introduced by the divine Augustus ...
48.5.2 (Ulpian, Disputations, book 8) (2) The crime of pimping is
included in the Julian law of adultery, as a penalty has been preserved
against a husband who profits pecuniarily by the adultery of his wife, as
well as against one who retains his wife after she has been taken in
adultery.
 (8) If the husband and the father of the woman appear at the same
time for the purpose of accusing her, the question arises, which of them
should be given the preference? The better opinion is that the husband
should be entitled to the preference, for it may well be believed that he
will prosecute the accusation with greater anger and vexation ...
D. 48.5.9 (Papinian) Anyone who knowingly lends his house to
enable unlawful sexual intercourse or adultery to be committed there
with a matron who is not his wife, or with a male, or who pecuniarily
profits by the adultery of his wife, no matter what may be his status,
is punished as an adulterer ...

 D. 48.5.11 (Papinian, On Adultery, book 2) (pr.) A matron [22] means
not only a married woman but also a widow. (1) Women who lend
their houses, or have received any compensation for (revealing)
unlawful intercourse which they know, are also liable under this
section of the law. (2) A woman who gratuitously acts as a procuress
for the purpose of avoiding the penalty for adultery, or hires her
services to appear in the theatre, can be accused and convicted of
adultery under the decree of the senate.
DIVORCE
in practice
A ‘Normal’ Divorce:
Petronia Sarapias assisted by a kyrios, her brother Caius Petronius Marcellus to
Caius Iulius Apolinarios soldier of the first kohort ‘Apamaeian’ of the century of
Iulianus, greeting. I declare (homologô) to have received from you four hundred
drachms of silver according to the public standard which I brought you as a dowry,
from your own hands retaining the right to the remaining six hundred drachms. The
document was written in a double copy without additions and cancellations and be
it lawful as if it were deposited in a public registry. In the eighth year of Emperor
Caesar Titus Aelius Hadrianus Antoninus Augustus Pius, Pharmouthi 10. I,
Petronia Sarapias assisted by a kyrios, the brother Caius Petronius Marcellus am
getting back four hundred silver drachms in the name of my dowry, retaining the
right to six hundred drachms, as above. I Gaius Petronius Marcellus have been
appointed kyrios of the sister, and have signed for her as she is illiter
Normal divorce
During the consulship of Tatianus the most illustrious praefect of the holy praetorium, and
of Flavius Symmachus, the most illustrious, on the 18th of Phaophi of the 5th indiction.
Aurêlia Allous daughter of Onnôphrios assisted by her mother, Aurêlia Apina from the
village Nestos of the Arsinoite nome to Aurêlios Êlias, son of Arstôn, from the village
Onnitôn of the same nome. As I, Allous, have lived with you, Êlias, for some time, but it has
happened through some deed of the evil daemon that it came suddenly upon (us?) that
(we) being freed from our joint-life, go away; and because of that I, Allous, declare that I do
not have any claim against you, Êlias, in regards to our joint-life, and any other written or
unwritten debt or demand that may result in a claim or that has been claimed once for ever
totally and for all; and that you Êlias have power to contract another marriage without
being reproached for that; and let the divorce be [valid?] and being asked formally (of the
above) I have given my consent. Aurêlia Allous, the above-said assisted by her
motherApina has given [ ????
 ] to Amphion [????] Verso: divorce of Allous daughter of
Onnôphrios
A peaceful divorce
P. Cairo, Masp. 67121 During the consulship and reign of our
most pious Lord Flavios Iustinos, the eternal Augustus and
Imperator, in the year eight, the eighteenth of Thoth, of the
present seventh indiction. + Aurêlios Isakos son of Iôannes of
mother Kora, a doctor from village Aphroditô in the
Antinoopolite nome to Aurelia Tetromnia daughter of Ioannês,
till now my wife, from the same village a greeting. Inasmuch as
(I) Isakos took you for common married life in hope for the best
and for procreation of children wishing to end peacefully my life
(in this marriage?), now however, as an evil daemon brought
malice to our joint-life, we were separated from each other;
and so
A peaceful divorce
each of us (will be able to???) be joined in another marriage or
with another husband or go to a monastery or choose ascetic
life with no resistance (of the other partner). And through/
because our divorcing neither (can we) sue each other nor as
to any equipment brought into the marriage nor as to the dowry
or the assigned donationes antenuptiales, nor as to expense
during the time of marriage, neither in a court nor out of it.
Because of this I have been brought to (write) the present deed
of divorce, by its means I declare that I have no actio against
you whatsoever at any time regarding this matter
A peaceful divorce
 The deed of divorce shall be lawful and secure. And being formally asked
 I have declared the deed of divorce. It shall be manifest that this contract
 that has just come into being and written by me is lawful and secure, ???
 as so it is the one you have prepared for me and written by [you?]
 regarding the donationes antenuptiales according to its power. And I have
 declared everything. Aurêlios Isakion son of Ioannês prepared this deed
 of divorce and what has been written before conforms to my intentions.

 I, Aurêlios Komasios son of Phoibammôn bear witness to all this deed of
 divorce, heard and being executed. I, Aurêlios Komasios son of
 Phoibammôn bear witness to all this deed of divorce, heard and being
 executed.
Wives’ complaints: POxy 903
Now concerning the insulting allegations he made about me: he
shut up his own daughters and mine, along with my foster
daughters and his agent and his son for seven whole days in his
cellars, and treated his slaves and my slave Zoe violently, [virtually]
killing them with blows. He stripped my foster-daughters naked and
set fire to them, in complete violation of the law. And he said to the
foster-daughters, 'Give me everything that belongs to her', and they
said that they had nothing that belonged to me. To the slaves as
they were being beaten he said, 'What did she take from my
house?' Under torture they said, 'She has taken nothing that
belongs to you; all your property is safe'. Zoilus accused him
because he had locked up his foster-son. He said to Zoilus: 'Have
you come on account of your foster-son or to speak on behalf of a
certain woman?'
Wives’ complaints: POxy 903
He swore in the presence of the bishops and his own brothers, 'from now
on I shall not hide all my keys from her and I shall not attack her and insult
her from now on. (Added above the line) He trusted his slaves but not me.
He made a marriage agreement, and after his contract and his oaths he
hid the keys from me again. When I went to the church in Sambatho, he
also shut the outside doors and said about me 'Why did you go to
church?' He made many abusive comments to my face, and further
insulted me by speaking through his nose. Of the public grain in my name
valued at 100 drachmas he did not pay one artaba. He locked up the
accounts after he got hold of them and said, 'Put down the price of the
grain as 100 artabas', but he paid nothing, as I said. He told his slaves,
'Bring reinforcements so they can lock her up'
Wives’ complaints: POxy 903
Choous his assistant was sent to prison and Euthalmus posted bail
for him, but ran short of money. I took a little extra and gave it to
Choous. When he met me in Antinoöpolis when I had my bathing
bag containing my ornaments, he also said to me, 'If you have
some money with you, I shall take it because of what you gave to
Choous as bail for his imprisonment'. All this is verified by his
mother's testimony. Also he kept on tormenting my soul about his
slave girl Anilla, both in Antinoöpolis and here. He said: 'Throw out
this slave since she knows what she has taken', perhaps because
he wished to implicate me and use it as an excuse to take all my
possessions. I did not put up with her being sent away. And he kept
on saying that 'a month from now I'm going to take a mistress for
myself'. God knows that this is true.
P. Oxy 3581
'[To Flavius] Marcellus, tribune ... peace, from Aurelia Attiaena from the city of the Oxyrhynchites. A
certain Paul, coming from the same city, behaving recklessly carried me off by force and compulsion
and cohabited with me in marriage 	       a female child by him ... taking him into our house ... his vile
course of action and all my property 	 leaving me, with my infant daughter too, in ... he cohabited
with another woman and left me bereft. After some time again he beguiled (me) through presbyters
until I should again take him into our house, agreeing in writing that the marriage was abiding and
that if he wished to indulge in the same vile behaviour he would forfeit two ounces of gold, and his
father stood written surety for him. I took him into our house, and he tried to behave in a way that
was worse than his first misdeeds, scorning my orphan state, not only in that he ravaged my house
but when soldiers were billeted in my house he robbed them and fled, and I endured insults and
punishments to within an inch of my life. So taking care lest I again run such risks on account of him,
I sent him through the tabularius a deed of divorce through the tabularius civitatis in accordance with
imperial law. Once more behaving recklessly, and having his woman in his house, he brought with
him a crowd of lawless men and carried me off and shut me up in his house for (not?) a few days.
When I became pregnant, he abandoned me once more and cohabited with his same so-called wife
and now tells me he will stir up malice against me. Wherefore I appeal to my lord's staunchness to
order him to appear in court and have exacted from him the two ounces of gold in accordance with
his written agreement together with such damages as I suffered on his account and that he should
be punished for his outrages against me.' (2nd hand) 'I, Aurelia Attiaena, presented this.'
TERRIBLE WIVES




P. HEID. III 237
Terrible wives
P. Heid. III 237 (3rd or 4th century?) To Claudios Alexandros (?) centurion
from N.N son Panetbeous, public farmer, from the village Theadelphia. The
wife with whom I was living [N.N, from whom] I have begotten a child
becoming dissatisfied about her marriage with me, [seized] an opportune
absence of mine, and left my house… months ago, without so-called
[divorce?], taking away her own goods and many of mine, among which
were a large white unfulled cloak and oxyrhinchite pillow, and a striped
dilassion (a garment), materials for two chitons, and farmer’s working
implements. And although i have many times sent to her seeking to recover
my things, she has not responded or returned them. And I am supplying to
her the cost of support of our child. Besides, having now learnt that one
Nilos son of Syros from the same village lawlessly taken her and married
her, I submit (this petition) and request that she and Nilos may summoned
before you in order for me to be able to obtain legal redress and get back
my things and be helped. Farewell.
Terrible wives
P. Lond. V 1651: During the consulship of our Lord Julian (the Apostate) the
Eternal Augustus for the fourth time and Fl. Allousthios, the most illustrious
praefect of the holy praetorium.To Aurelious Hermeias son of Heliodôs first
councilor and acting strategos of the Hermopolis, the most illustrious city,
from Aurelios Dios son of Apollon of the same city. Since the month of
Mesore my wife Hermione having waited for my absence to an away village
took away all things which were in our house among which were debts
documents and committed an illegal exit. She sent many times… When it all
turned out that …. ???? and above all she did not give back the deeds of
sale of my household. Therefore I, not being able to sit in peace, submit to
your Sagacity these letters, asking that she be brought from all places and
kept in safety until the happy arrival of my lord most eminent praefect
Kyrillos Telephios Hierokleus as I am thinking of making a petition about all
that. Be well!

In the consulate of the above, Pharmouthi 25. Aurelios Dios son of Apollon
has submitted. Aurelios Olkueis son of Pathermouthios has written for him
as he doesn’t know the letters.
divorcing commoners
“A copy from the record of census returns from the 28th year, from sheet 165. To Ammonius,
str(ategus) in the Arsinoite nome. From Didymos son of Kallinikos, grandson of Didymos and
son of Taphorsaeis, metropolitan and registered in the Gymnasium quarter. In the Moëris
quarter I own a sixth part of a house in which I declare myself and my family for the census in
the 14th year. And I am Didymos, the above-mentioned, recorded my current wife [Sarapias,
daughter of S]abeinus, grand-daughter of Kronion of mother Eudaimonis, aged 43, without
special body moarks who in the previous census declared herself in the Syrian quarter and [my
son Di]dymos, born by my former wife Hermione, daughter of an unknown father and of Herois,
aged 10, recorded on the birth-list and the [seven] slaves that I Didymos own: Euprepos (?) son
[of NN, aged ??], Sa[rap]ammon son of the s[ame] aged 29, [NN, son of Tapeis aged ?]9 and
the slave-woman Alexandra aged 49, bought from [NN]. The slave[s owned by my wife, whom I
married] in the present 28th year: [Elpis], bought from downstream, [aged 12 with a spot] on the
left shin and one-half of the slaves mentioned below: Isis alais Memphis daugher of [NN aged?]
and her son Sarapammon aged 6, not re[gistered in the bir]th-lists. The other [half] of these
three slaves phas been declared in the Syrian [qu]arter by Kronia and [Ta]orsis and my son
Xenophon [aged ?] born by my divorced [wife NN] citizen of Antinoopolis [having been
declared] with her mother in Antinoopolis. Her children [not mine[ but her divorced [husband’s,
NN, alias –onus], are declared with their father [in ?]. I accordingly hand in this return.

in P. Fam. Teb. 48 Sarapias is declared alone, as a divorcee.
Tyrannis ! Isidora                   Iulius ! Herodes
                                           "lives with the father#



                       <$>          Sarapias       <$>               Philantinoos        $   Herakleia
                                                                     ! Herodes               ! Arsinoe


Didymos                <$>          Hermione
s/Kallinikos

                    Didymos


                       <$>          N.N.           <$>               A Husband


                   Xenoph"n                Some children
               "lives with the mother#     "live with the father#




                                                                               <$>       !   divorced
                                                                               bold      !   Didymos% wives
                                                                               italics   !   chidren of Didymos

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Women7

  • 1. Divorce or: do Roman wives count their age by the number of husbands?
  • 2. General Principles D. 24.2.1. Paulus, On the Edict, Book XXXV. Marriage is dissolved by divorce, death, captivity, or by any other kind of servitude which may happen to be imposed upon either of the parties.
  • 3. How easy? the principle of affectio maritalis: it’s effect on marriage existence presumption of marriage?
  • 4. Maecenas & Terentia 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 Mæcenas, 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.
  • 5. When Affectio ceases? 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.
  • 6. Form? D. 24.2.2. Gaius, On the Provincial Edict, Book XI. The word divorce is derived either from diversity of opinion, or because those who dissolve their marriage go different ways. (1) In cases of repudiation, that is to say, in renunciation of marriage, the following words are employed: tuas res tibi habeto “Get yourself your things” or tuas res tibi agito “Look after your things.” (…) (3) It makes no difference whether the renunciation takes place in the presence or in the absence of the person under whose control one of the parties may be, or of him who is under said control.
  • 7. Form?! D. 24.2.9. Paulus, On Adultery, Book II. No divorce is valid unless it takes place in the presence of seven Roman citizens, who are of age, but for the freedman of the party who institutes proceedings for that purpose. We understand the freedman to be one who has been manumitted by the father, the grandfather, the great- grandfather, and other ascendants interested in the proceedings above mentioned.
  • 8. 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.
  • 9. 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.
  • 10. (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.
  • 12. In Law.... D. 24.1.60.1 (Hermogenianus, Epitomes of Law) Donations are permitted between husband and wife in case of divorce; for this often happens either on account of the husband entering the priesthood, or because of sterility, D. 24.1. 61. Gaius, On the Provincial Edict, Book XL Or where marriage cannot conveniently exist on account of old age, illness, or military service, D. 24.1.62. Hermogenianus, Epitomes of Law, Book II. And for these reasons the marriage is dissolved with a friendly disposition.
  • 13. through the eyes of Moralists: who’s to be blamed? Seneca, On Benefits, 3.16.2-3 Is there any woman that blushes at divorce now that certain illustrious and noble ladies reckon their years, not by the number of consuls, but by the number of their husbands, and leave home in order to marry, and marry in order to be divorced?  They shrank from this scandal as long as it was rare; now, since every gazette has a divorce case, they have learned to do what they used to hear so much about.  Is there any shame at all for adultery now that matters have come to such a pass that no woman has any use for a husband except to inflame her paramour?  Chastity is simply a proof of ugliness.  Where will you find any woman so wretched, so unattractive, as to be content with a couple of paramours - without having each hour assigned to a different one? 
  • 14. through the eyes of Moralists: who’s to be blamed? Juvenal, Satire VI, 220 ff. : If you are honestly uxorious, and devoted to one woman, then bow your head and submit your neck ready to bear the yoke. Never will you find a woman who spares the man who loves her; for though she be herself aflame, she delights to torment and plunder him. So the better the man, the more desirable he be as a husband, the less good by far will he get out of his wife. No present will you ever make if your wife forbids; nothing will you ever sell if she objects; nothing will you buy without her consent. (...) Thus does the tale of her husbands grow; there will be eight of them in the course of five autumns--a fact worthy of commemoration on her tomb!
  • 15. through the eyes of Moralists: who’s to be blamed? Martialis: vi 7.4-5: Since the time the Julian Law came back to life, since Modesty was ordered to enter the houses, no more no less have passed thirty lights and Telesilla has married already the tenth husband. The one who marries so many times, marries not, she is a legal adulteress. I am less offended by a simple harlot.
  • 16. Turia and her reasons for divorce Laudatio Turiae: (31) When you despaired of your ability to bear children and grieved over my childlessness, you became anxious lest by retaining you in marriage I might lose all hope of having children and be distressed for that reason. So you proposed a divorce outright and offered to yield our house free to another woman's fertility. Your intention was in fact that you yourself, relying on our well-known conformity of sentiment, would search out and provide for me a wife who was worthy and suitable for me, and you declared that you would regard future children as joint and as though your own, and that you would not effect a separation of our property which had hitherto been held in common, but that it would still be under my control and, if I wished so, under your administration: nothing would be kept apart by you, nothing separate, and you would thereafter take upon yourself the duties and the loyalty of a sister and a mother-in-law.
  • 17. Apuleius, Apologia, on divorce A widow on the other hand, if divorced, leaves you as she came. She brings you nothing that she cannot ask back, she has been another's and is certainly far from tractable to your wishes; she looks suspiciously on her new home, while you regard her with suspicion because she has already been parted from one husband: if it was by death she lost her husband, the evil omen of her ill-starred union minimizes her attractions, while, if she left him by divorce, she possesses one of two faults: either she was s o intolerable that she was divorced by her husband, or so insolent as to divorce him. It is for reasons of this kind among others that widows offer a larger dowry to attract suitors for their hands. Pudentilla would have done the same had she not found a philosopher indifferent to her dowry.
  • 18. THE PREDICTIONS OF ASTRAMPSYCHOS: 21: WHETHER I SHALL GET MARRIED AND WOULD IT BE GOOD FOR ME? 90: WHETHER I DIVORCE OR NOT MY WIFE? TEXT ASTRAMPSYCHOS
  • 19. August’s Law and the obligation to divorce 48.5.1 (Ulpian, On Adultery, book 1) The Julian law on adultery was introduced by the divine Augustus ... 48.5.2 (Ulpian, Disputations, book 8) (2) The crime of pimping is included in the Julian law of adultery, as a penalty has been preserved against a husband who profits pecuniarily by the adultery of his wife, as well as against one who retains his wife after she has been taken in adultery. (8) If the husband and the father of the woman appear at the same time for the purpose of accusing her, the question arises, which of them should be given the preference? The better opinion is that the husband should be entitled to the preference, for it may well be believed that he will prosecute the accusation with greater anger and vexation ...
  • 20. D. 48.5.9 (Papinian) Anyone who knowingly lends his house to enable unlawful sexual intercourse or adultery to be committed there with a matron who is not his wife, or with a male, or who pecuniarily profits by the adultery of his wife, no matter what may be his status, is punished as an adulterer ... D. 48.5.11 (Papinian, On Adultery, book 2) (pr.) A matron [22] means not only a married woman but also a widow. (1) Women who lend their houses, or have received any compensation for (revealing) unlawful intercourse which they know, are also liable under this section of the law. (2) A woman who gratuitously acts as a procuress for the purpose of avoiding the penalty for adultery, or hires her services to appear in the theatre, can be accused and convicted of adultery under the decree of the senate.
  • 22. A ‘Normal’ Divorce: Petronia Sarapias assisted by a kyrios, her brother Caius Petronius Marcellus to Caius Iulius Apolinarios soldier of the first kohort ‘Apamaeian’ of the century of Iulianus, greeting. I declare (homologô) to have received from you four hundred drachms of silver according to the public standard which I brought you as a dowry, from your own hands retaining the right to the remaining six hundred drachms. The document was written in a double copy without additions and cancellations and be it lawful as if it were deposited in a public registry. In the eighth year of Emperor Caesar Titus Aelius Hadrianus Antoninus Augustus Pius, Pharmouthi 10. I, Petronia Sarapias assisted by a kyrios, the brother Caius Petronius Marcellus am getting back four hundred silver drachms in the name of my dowry, retaining the right to six hundred drachms, as above. I Gaius Petronius Marcellus have been appointed kyrios of the sister, and have signed for her as she is illiter
  • 23. Normal divorce During the consulship of Tatianus the most illustrious praefect of the holy praetorium, and of Flavius Symmachus, the most illustrious, on the 18th of Phaophi of the 5th indiction. Aurêlia Allous daughter of Onnôphrios assisted by her mother, Aurêlia Apina from the village Nestos of the Arsinoite nome to Aurêlios Êlias, son of Arstôn, from the village Onnitôn of the same nome. As I, Allous, have lived with you, Êlias, for some time, but it has happened through some deed of the evil daemon that it came suddenly upon (us?) that (we) being freed from our joint-life, go away; and because of that I, Allous, declare that I do not have any claim against you, Êlias, in regards to our joint-life, and any other written or unwritten debt or demand that may result in a claim or that has been claimed once for ever totally and for all; and that you Êlias have power to contract another marriage without being reproached for that; and let the divorce be [valid?] and being asked formally (of the above) I have given my consent. Aurêlia Allous, the above-said assisted by her motherApina has given [ ???? ] to Amphion [????] Verso: divorce of Allous daughter of Onnôphrios
  • 24. A peaceful divorce P. Cairo, Masp. 67121 During the consulship and reign of our most pious Lord Flavios Iustinos, the eternal Augustus and Imperator, in the year eight, the eighteenth of Thoth, of the present seventh indiction. + Aurêlios Isakos son of Iôannes of mother Kora, a doctor from village Aphroditô in the Antinoopolite nome to Aurelia Tetromnia daughter of Ioannês, till now my wife, from the same village a greeting. Inasmuch as (I) Isakos took you for common married life in hope for the best and for procreation of children wishing to end peacefully my life (in this marriage?), now however, as an evil daemon brought malice to our joint-life, we were separated from each other; and so
  • 25. A peaceful divorce each of us (will be able to???) be joined in another marriage or with another husband or go to a monastery or choose ascetic life with no resistance (of the other partner). And through/ because our divorcing neither (can we) sue each other nor as to any equipment brought into the marriage nor as to the dowry or the assigned donationes antenuptiales, nor as to expense during the time of marriage, neither in a court nor out of it. Because of this I have been brought to (write) the present deed of divorce, by its means I declare that I have no actio against you whatsoever at any time regarding this matter
  • 26. A peaceful divorce The deed of divorce shall be lawful and secure. And being formally asked I have declared the deed of divorce. It shall be manifest that this contract that has just come into being and written by me is lawful and secure, ??? as so it is the one you have prepared for me and written by [you?] regarding the donationes antenuptiales according to its power. And I have declared everything. Aurêlios Isakion son of Ioannês prepared this deed of divorce and what has been written before conforms to my intentions. I, Aurêlios Komasios son of Phoibammôn bear witness to all this deed of divorce, heard and being executed. I, Aurêlios Komasios son of Phoibammôn bear witness to all this deed of divorce, heard and being executed.
  • 27. Wives’ complaints: POxy 903 Now concerning the insulting allegations he made about me: he shut up his own daughters and mine, along with my foster daughters and his agent and his son for seven whole days in his cellars, and treated his slaves and my slave Zoe violently, [virtually] killing them with blows. He stripped my foster-daughters naked and set fire to them, in complete violation of the law. And he said to the foster-daughters, 'Give me everything that belongs to her', and they said that they had nothing that belonged to me. To the slaves as they were being beaten he said, 'What did she take from my house?' Under torture they said, 'She has taken nothing that belongs to you; all your property is safe'. Zoilus accused him because he had locked up his foster-son. He said to Zoilus: 'Have you come on account of your foster-son or to speak on behalf of a certain woman?'
  • 28. Wives’ complaints: POxy 903 He swore in the presence of the bishops and his own brothers, 'from now on I shall not hide all my keys from her and I shall not attack her and insult her from now on. (Added above the line) He trusted his slaves but not me. He made a marriage agreement, and after his contract and his oaths he hid the keys from me again. When I went to the church in Sambatho, he also shut the outside doors and said about me 'Why did you go to church?' He made many abusive comments to my face, and further insulted me by speaking through his nose. Of the public grain in my name valued at 100 drachmas he did not pay one artaba. He locked up the accounts after he got hold of them and said, 'Put down the price of the grain as 100 artabas', but he paid nothing, as I said. He told his slaves, 'Bring reinforcements so they can lock her up'
  • 29. Wives’ complaints: POxy 903 Choous his assistant was sent to prison and Euthalmus posted bail for him, but ran short of money. I took a little extra and gave it to Choous. When he met me in Antinoöpolis when I had my bathing bag containing my ornaments, he also said to me, 'If you have some money with you, I shall take it because of what you gave to Choous as bail for his imprisonment'. All this is verified by his mother's testimony. Also he kept on tormenting my soul about his slave girl Anilla, both in Antinoöpolis and here. He said: 'Throw out this slave since she knows what she has taken', perhaps because he wished to implicate me and use it as an excuse to take all my possessions. I did not put up with her being sent away. And he kept on saying that 'a month from now I'm going to take a mistress for myself'. God knows that this is true.
  • 30. P. Oxy 3581 '[To Flavius] Marcellus, tribune ... peace, from Aurelia Attiaena from the city of the Oxyrhynchites. A certain Paul, coming from the same city, behaving recklessly carried me off by force and compulsion and cohabited with me in marriage a female child by him ... taking him into our house ... his vile course of action and all my property leaving me, with my infant daughter too, in ... he cohabited with another woman and left me bereft. After some time again he beguiled (me) through presbyters until I should again take him into our house, agreeing in writing that the marriage was abiding and that if he wished to indulge in the same vile behaviour he would forfeit two ounces of gold, and his father stood written surety for him. I took him into our house, and he tried to behave in a way that was worse than his first misdeeds, scorning my orphan state, not only in that he ravaged my house but when soldiers were billeted in my house he robbed them and fled, and I endured insults and punishments to within an inch of my life. So taking care lest I again run such risks on account of him, I sent him through the tabularius a deed of divorce through the tabularius civitatis in accordance with imperial law. Once more behaving recklessly, and having his woman in his house, he brought with him a crowd of lawless men and carried me off and shut me up in his house for (not?) a few days. When I became pregnant, he abandoned me once more and cohabited with his same so-called wife and now tells me he will stir up malice against me. Wherefore I appeal to my lord's staunchness to order him to appear in court and have exacted from him the two ounces of gold in accordance with his written agreement together with such damages as I suffered on his account and that he should be punished for his outrages against me.' (2nd hand) 'I, Aurelia Attiaena, presented this.'
  • 32. Terrible wives P. Heid. III 237 (3rd or 4th century?) To Claudios Alexandros (?) centurion from N.N son Panetbeous, public farmer, from the village Theadelphia. The wife with whom I was living [N.N, from whom] I have begotten a child becoming dissatisfied about her marriage with me, [seized] an opportune absence of mine, and left my house… months ago, without so-called [divorce?], taking away her own goods and many of mine, among which were a large white unfulled cloak and oxyrhinchite pillow, and a striped dilassion (a garment), materials for two chitons, and farmer’s working implements. And although i have many times sent to her seeking to recover my things, she has not responded or returned them. And I am supplying to her the cost of support of our child. Besides, having now learnt that one Nilos son of Syros from the same village lawlessly taken her and married her, I submit (this petition) and request that she and Nilos may summoned before you in order for me to be able to obtain legal redress and get back my things and be helped. Farewell.
  • 33. Terrible wives P. Lond. V 1651: During the consulship of our Lord Julian (the Apostate) the Eternal Augustus for the fourth time and Fl. Allousthios, the most illustrious praefect of the holy praetorium.To Aurelious Hermeias son of Heliodôs first councilor and acting strategos of the Hermopolis, the most illustrious city, from Aurelios Dios son of Apollon of the same city. Since the month of Mesore my wife Hermione having waited for my absence to an away village took away all things which were in our house among which were debts documents and committed an illegal exit. She sent many times… When it all turned out that …. ???? and above all she did not give back the deeds of sale of my household. Therefore I, not being able to sit in peace, submit to your Sagacity these letters, asking that she be brought from all places and kept in safety until the happy arrival of my lord most eminent praefect Kyrillos Telephios Hierokleus as I am thinking of making a petition about all that. Be well! In the consulate of the above, Pharmouthi 25. Aurelios Dios son of Apollon has submitted. Aurelios Olkueis son of Pathermouthios has written for him as he doesn’t know the letters.
  • 34. divorcing commoners “A copy from the record of census returns from the 28th year, from sheet 165. To Ammonius, str(ategus) in the Arsinoite nome. From Didymos son of Kallinikos, grandson of Didymos and son of Taphorsaeis, metropolitan and registered in the Gymnasium quarter. In the Moëris quarter I own a sixth part of a house in which I declare myself and my family for the census in the 14th year. And I am Didymos, the above-mentioned, recorded my current wife [Sarapias, daughter of S]abeinus, grand-daughter of Kronion of mother Eudaimonis, aged 43, without special body moarks who in the previous census declared herself in the Syrian quarter and [my son Di]dymos, born by my former wife Hermione, daughter of an unknown father and of Herois, aged 10, recorded on the birth-list and the [seven] slaves that I Didymos own: Euprepos (?) son [of NN, aged ??], Sa[rap]ammon son of the s[ame] aged 29, [NN, son of Tapeis aged ?]9 and the slave-woman Alexandra aged 49, bought from [NN]. The slave[s owned by my wife, whom I married] in the present 28th year: [Elpis], bought from downstream, [aged 12 with a spot] on the left shin and one-half of the slaves mentioned below: Isis alais Memphis daugher of [NN aged?] and her son Sarapammon aged 6, not re[gistered in the bir]th-lists. The other [half] of these three slaves phas been declared in the Syrian [qu]arter by Kronia and [Ta]orsis and my son Xenophon [aged ?] born by my divorced [wife NN] citizen of Antinoopolis [having been declared] with her mother in Antinoopolis. Her children [not mine[ but her divorced [husband’s, NN, alias –onus], are declared with their father [in ?]. I accordingly hand in this return. in P. Fam. Teb. 48 Sarapias is declared alone, as a divorcee.
  • 35. Tyrannis ! Isidora Iulius ! Herodes "lives with the father# <$> Sarapias <$> Philantinoos $ Herakleia ! Herodes ! Arsinoe Didymos <$> Hermione s/Kallinikos Didymos <$> N.N. <$> A Husband Xenoph"n Some children "lives with the mother# "live with the father# <$> ! divorced bold ! Didymos% wives italics ! chidren of Didymos

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  31. \n
  32. \n
  33. \n
  34. \n
  35. \n