Lex Papia Poppaea
It included provisions against adultery and against celibacy after a certain age and complemented and supplemented Augustus' Lex Iulia de maritandis ordinibus of 18 BC and the Lex Iulia de adulteriis coercendis of 17 BC.
The law was introduced by the suffect consuls of that year, Marcus Papius Mutilus and Quintus Poppaeus Secundus, although they themselves were unmarried.
Aug. 14) that the Lex Julia de maritandis ordinibus of 18/17 BC was rejected, and add that it was not enacted until 4 AD.
The 6th-century Digest only mentions the Lex Julia de maritandis ordinibus (Dig.
22 tit.2 s19); but it is impossible to say to which of the two laws included under the general title of Lex Julia et Papia Poppaea, the several provisions as now known to us, belong.
In order to promote marriage, various penalties were imposed on those who lived in a state of celibacy after a certain age.
Caelibes could not take an hereditas or a legacy (legatum); but if a person was caelebs at the time of the testator's death, and was not otherwise disqualified (jure civili), he might take the hereditas or legatum, if he obeyed the law within one hundred days, that is, if he married within that time (Ulp.
xvi); but if they had not obeyed the law before attaining those respective ages, they were perpetually bound by its penalties by a Senatus-consultum Pernicianum.
If the woman was above fifty and the man under sixty, this was called Impar Matrimonium, and by a Senatus-consultum Calvitianum it was entirely without effect as to releasing from incapacity to take legata and dotes.
By the Lex Papia Poppaea a candidate who had several children was preferred to one who had fewer (Tacit.
38 tit.1 De Operis Libertorum); and libertae, who had four children, were released from the tutela of their patrons (Ulp.
Those who had three children living at Rome, four in Italy, and five in the provinces, were excused from the office of tutor or curator (Inst.
This privilege is mentioned in some inscriptions, on which the abbreviation I. L. H. (jus liberorum habens) sometimes occurs, which is equivalent to jura parentis habere.
The emperor M. Antoninus provided that children should be registered by name within thirty days after their birth with the Praefectus Aerarii Saturni (Capitol.
As a general rule a husband and wife could only leave to one another a tenth part of their property; but there were exceptions in respect of children either born of the marriage or by another marriage of one of the parties, which allowed of the free disposal of a larger part.
