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Fecisti patriam diversis gentibus unam: Profuit invitis te dominante capi; Dumque offers victis proprii consortia iuris, Urbem fecisti quod prius orbis erat. In this noble apostrophe Rutilius addressed the fading mistress of the world as he passed lingeringly through the Ostian gate.
Even when sui iuris a woman could not acquire power over any one, not even over her own children ; for these an agnate a male relative on the father's side was appointed guardian, and the mother was obliged to render him and her children an account of any property which she had managed for them. On the other hand, her children were bound to support her. So much for the laws on the subject.
The work De Notis Antiquis, or at least a portion of it, De Iuris Notis, has come down to us in a slightly abridged form; also a short treatise called Catholica, treating of the noun and verb, though it is uncertain whether this is authentic.
Corpus Iuris Civilis: Institutiones recognovit Paulus Krueger; Digesta recognovit Theodorus Mommsen. Berolini apud Weidmannos, 1882. Novellae: Corpus Iuris Civilis. Berolini apud Weidmannos, 1895. III. The Fragments of the Perpetual Edict of Salvius Julianus. Edited by Bryan Walken Cambridge University Press. 1877. IV. Pomponii de Origine Iuris Fragmentum: recognovit Fridericus Osannus.
But for a man who was sui iuris to be adopted required a formal meeting of the old comitia curiata, and such a meeting required the presence of an augur, as well as some kind of sanction of the pontifices. Cæsar was Pontifex Maximus, and Pompey was a member of the college of augurs. Their influence would be sufficient to secure or prevent this being done.
The Pope has not yet definitely stated the position of the Church; individual Catholics are free to take any side they wish, as it is not a matter of faith; but the tendency of Roman Catholicism is against votes for women. I. Corpus Iuris Canonici: recognovit Aemilius Friedberg. Pars Secunda, 1881.
If the full names be given, then they are put side by side without et. Cf. n. on 10. CRASSI: see n. on 27. PONTIFICI ET CIVILIS IURIS: the ius pontificium regarded mainly the proper modes of conducting religious ceremonial. Ius civile, which is often used to denote the whole body of Roman Law, here includes only the secular portion of that Law. Cf. n. on 38.
If it was the husband who had taken the initiative and had sent his wife a divorce, and if the divorce was not the fault of the woman, she at once had an action in law for complete recovery of her dowry; on her own responsibility if she was sui iuris, otherwise with the help of her father.
In beautiful but untranslatable language he claims that he was "non magis iuris consultus, quam iustitiae," an encomium which all great lawyers might well envy; he aimed rather at enabling men to be rid of litigation than at encouraging them to engage in it.
Codex, vi, 58, 14. Codex, i, 5, 19. Codex, v, 35, 2 and 3. Codex, ii, 55, 6. Codex, ix, 8, 5. This law was evidently lasting, for it is quoted with approval by Pope Innocent III, in the year 1199 see Friedberg, Corpus Iuris Canonici, vol. ii, p. 782. Codex, ix, 49, 10. Codex, v, 16, 24. For all these enactments see Codex, i, 3, 53 , and ix, 13. A second world force had now come into its own.
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