Footnotes
[35]
In the year of Rome 277.
[36]
See what was done in this respect in Livy, lib. xlv; the "Epitome" of
Livy, lib. lix; Aulus Gellius, lib. i, cap. 6; Valerius Maximus, lib. ii, cap. 9.
[37]
It is in Aulus Gellius, lib. i, cap. 6.
[38]
See what I have said in Book v, chap. 19.
[39]
Cæsar, after the Civil War, having made a survey of the Roman
citizens, found there were no more than one hundred and fifty thousand
heads of families. — Florus, "Epitome of Livy," dec. 12.
[40]
See Dio, lib. xliii., and Xiphilinus in August.
[41]
Dio, lib. xliii.; Suetonius, Life of Cæsar, chap. 22; Appian, On the
Civil War, lib. ii.
[42]
Eusebius, "Chronicle."
[44]
In the year of Rome 736.
[45]
Julias rogationes. — "Annals," lib. iii, 25.
[46]
In the year of Rome 762. — Dio, lib. lvi, i.
[47]
I have abridged this speech, which is of tedious length; it is
to be found in Dio, lib. lvi.
[48]
Marcus Papius Mutilus and Q. Poppæus Sabinus. — Dio, lib. lvi.
[50]
Ulpian, "Fragment," tit. 14, distinguishes very rightly between
the Julian and the Papian law.
[51]
James Godfrey has made a collection of these.
[52]
The 35th is cited in Leg. 19, ff. de ritu nuptiarum.
[54]
Dionysius Halicarnassus.
[55]
The deputies of Rome, who were sent to search into the laws of
Greece, went to Athens, and to the cities of Italy.
[56]
Aulus Gellius, lib. ii, cap. 15.
[57]
Suetonius, "Life of Augustus," cap. 44.
[58]
Tacitus, lib. ii, 15: "Ut numerus liberorum in candidatis præpolleret,
quod lex jubebat."
[59]
Aulus Gellius, lib. ii, cap. 15.
[60]
Tacitus, "Annals," lib. xv, 19.
[61]
See Leg. 6, section 5, De Decurion.
[62]
See Leg. 2, ff. de minorib.
[63]
Leg. i, 3, Leg. 2, ff. de vacatione et excusat. munerum.
[64]
Ulpian, "Fragment.," tit. 29, section 3.
[66]
See the Ulpian, "Fragment.," tit. 14, 15, 16, 17, 18, which
compose one of the most valuable pieces of the ancient civil law of the
Romans.
[67]
Sozomenus, lib. i, cap. 9. They could receive from their relatives. --
Ulpian, Fragment., tit. 16, section I.
[68]
Sozomenus, lib. i, cap. 9; and Leg. unic., Cod. Theod. de infirm, pœnis cælib. et orbit.
[69]
"Of the Love of Fathers towards their Children."
[70]
See a more particular account of this in Ulpian. "Fragment.," tit.
15 and 16.
[71]
Ibid., tit. 16, section 1.
[72]
Ibid., tit. 14. It seems the first Julian laws allowed three
years. — Speech of Augustus, in Dio, lvi; Suetonius, Life of Augustus,
34. Other Julian laws granted but one year: the Papian law gave two. --
Ulpian, Fragment., tit. 14. These laws were not agreeable to the people;
Augustus, therefore, softened or strengthened them as they were more or
less disposed to comply with them.
[73]
This was the 35th head of the Papian law. — Leg. 19, ff.de ritu nuptiarum.
[74]
See Dio, lib. liv, year 736; Suetonius, in "Octavio," cap. 34.
[75]
Dio, lib. liv; and in the same Dio, the speech of Augustus, lib. lvi.
[76]
Ulpian, "Fragment.," tit. 16, and Leg. 27, Cod. de nuptiis.
[77]
Ulpian, "Fragment.," tit. 16, 3.
[78]
See Suetonius, "Life of Claudius," cap. 23.
[79]
Ibid., 23, and Ulpian, "Fragment.," tit. 16, section 3.
[80]
Dio, liv; Ulpian, "Fragment.," tit. 13.
[81]
Augustus's speech, in Dio, lib. lvi.
[82]
Ulpian, "Fragment.," chap. 13, and the Leg. 44. ff. de ritu nuptiarum.
[83]
Ulpian, "Fragment.," tit. 13 and 16.
[84]
See Leg. 1, Cod. de nat. lib.
[86]
Leg. 37. 7, ff. de operib. libertorum, 7; Ulpian,
"Fragment.," tit. 16, section 2.
[87]
Ulpian, "Fragment.," tit. 16, section 2.
[88]
See book xxvi, chap. 13.
[89]
Except in certain cases. See Ulpian, "Fragment.," tit. 18, and
the only law in Cod. de Caduc. tollend.
[90]
Relatum de moderanda Papia Poppæa. -- Tacitus, "Annals," lib. iii. 25.
[91]
He reduced them to the fourth part. — Suetonius, "Life of Nero,"
chap. 10.
[92]
See Pliny, "Panegyric."
[93]
Severus extended even to twenty-five years for the males, and to
twenty for the females, the time fixed by the Papian law, as we see by
comparing Ulpian, "Fragment.," tit. 16, with what Tertullian says, "Apol.,"
chap. 4.
[94]
P. Scipio, the censor, complains, in his speech to the people,
of the abuses which were already introduced, that they received the same
privileges for adopted as for natural children. — Aulus Gellius, lib. v, chap. 19.
[95]
See the Leg. 31, ff. de ritu nuptiarum.
[96]
Augustus in the Papian law gave them the privilege of mothers.
See Dio, lvi. Numa had granted them the ancient privilege of women who
had three children, that is, of having no guardian. — Plutarch, "Numa."
[97]
This was granted them by Claudius. — Dio, lib. lx.
[98]
Leg. apud eum, ff. de manumissionib., section 1.
[100]
See, in Cicero, "Offices," his sentiments on the spirit of
speculation.
[101]
Nazarius, in panegyrico Constantini, anno 321.
[102]
See Leg. 1, 2, 3, Cod. Theod. de bonis maternis, maternique generis, &c., and Leg. unic., Cod. Theod. de bonis quæ filiis famil.
acquiruntur.
[104]
Leg. 2, and 3 Cod. Theod. de jur. liber.
[105]
Leg. Sancimus, Cod. de nuptiis.
[106]
Nov. 127, cap. iii; Nov. 118, cap. v.
[107]
Leg. 54 ff. de condit. et demonst.
[108]
Leg. 5, 4, de jure patronatus.
[109]
Paulus, "Sentences," lib. iii. tit. 4, section 15.
