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Tim Parkin, the Emperor Enters The The Emperor Enters the Bedroom: Reproduction and Roman Law (W.H. AllenThe Memorial morning after the night before: Lecture a light-hearted interpretation 2018). of the Portland Vase TIM PARKIN The human being is the only biped who produces live births. And it is only the human The W.H. Allen Memorial Lecture is an annual being who feels regret after engaging in lecture held at Ormond College to commemorate sexual intercourse for the first time; this is the life and work of Barney Allen (1875-1949), who certainly an augury for life, deriving from was a teacher of Classics, Vice-Master at Ormond a regrettable origin. All other animals have College and the first honorary secretary of the fixed seasons in the year for mating, but the Classical Association of Victoria, as well as its human being mates at every hour of the day second honorary president—a combined service to and night. All other animals derive satiety the CAV of 37 years. from having mated, whereas the human being gets almost none. Messalina, the wife of the emperor Claudius, thinking this would ould my topic – sexual be a royal triumph, held a competition in it, reproduction and Roman law, or, and chose from the corps of professional more particularly, governments prostitutes a servant girl who was absolutely W notorious for acts of prostitution, and attempting to pass laws requiring people to marry and have children – have been of in a night and a day she beat her with 25 interest to Barney Allen, a lifelong bachelor? men. In the human race men have devised I hope so. Certainly the topic was of interest every imaginable form of sexually deviant to people of his era in terms of contemporary behaviour, crimes against nature; but affairs, and I shall delve into that a bit women have invented abortion. In this area presently. In any case, as a classicist Barney how much more guilty are we than are wild would have been well aware of what had animals! Hesiod records that men are keener happened two millennia earlier and my sense on sex in winter, women in summer. is, as I have learnt more about him, that his Pliny the Elder, interests were many and various, and always 10.171–2 passionate. So I shall proceed. Natural Histories One of my research projects at the moment Pliny seems even more reluctant to mention is on ancient sexual health. As part of that sex within marriage, though Romans were investigation I was invited to write a chapter, very well aware (of course) that sexual on reproduction and Roman law, for an intercourse was necessary for reproduction. ambitious new book on the history of sexual In ancient societies marrying and having reproduction.1 Hence this talk derives from legitimate children to continue the line thinking about reproduction and Roman law. and support the state were regarded as fundamental duties, legally recognised and Outside of erotic poetry and Pompeian elaborated as such; it was the role of the male graffiti, Romans did not write as much as they head of household — the kyrios in Greece, could have (in my opinion, at least) about their the paterfamilias in Rome — to ensure the own sexual activity. Pliny in his encyclopaedic integrity, legitimacy, and preservation of his Natural Histories – with his voracious curiosity household, both in the present and into the – does have some things to say, yet you cannot future. In Rome, moreover, the paterfamilias help but feel he is trying to get the topic out of enjoyed not only a unique amount of the way as quickly as possible: power (potestas) over his children, and over descendants in the male line, but also greater flexibility in ‘constructing kinship’ and planning for inheritance and succession, 1 (2018). Reproduction from Antiquity to the Present than in most legal systems before and since. Day, eds. L. Kassell, R. Flemming, and N. Hopwood Augustus raised challenges to that. (Cambridge: CUP). 4 5 Iris | Journal of the Classical Association of Victoria | New Series | Volume 31 | 2018 Some of the possibilities for individual choice grandchildren, and eight granddaughters by began to pull in different and problematic marriage.’ directions as Rome was transformed through the acquisition of empire; and the state To marry and have children was a prerequisite increasingly intervened to put things back to happiness and success in the ancient world, together, reassert traditional patterns. The and the male head of household had the nature and meaning of Augustus’ ‘moral duty in turn to provide these opportunities legislation’ – measures around marriage, for those in his charge. Daughters had to be childbearing, and adultery, promulgated dowered: the Roman jurist Papinian (Dig. as part of his broader restoration and 24.3.1) emphasised, around AD 200, that reconfiguration of imperial order after civil it is ‘absolutely essential for women to have war – have been the focus of debate in the dowries in order to ensure the production scholarship; but a more holistic approach is of offspring and to replenish the state with required. The Augustan ‘project’, and the wider children.’ Sons might need a different kind patterns of change and continuity in which it of preparation, since misgivings were to be fits, all become a bit clearer if the overall shape expected; men’s duty to marry was apparently and key characteristics of relations between imagined to be much more onerous than reproduction and the law are explored. women’s – we shall come back to that! The underlying assumption, stressed Several ancient literary sources provide again and again in antiquity in moralizing evidence of ideal marriage partners; the and legal texts, is that children should be emphasis throughout is not on emotional born to parents legitimately married, and or sexual compatibility but on birth, that marriage exists first and foremost to background, wealth, and family connections. produce legitimate children. That was the The first-century AD Stoic philosopher requirement of citizens. Slaves, such as the Musonius Rufus provides an interestingly unnamed competitor with Messalina, could contrasting point of view. Taking Greek not form a legitimate marriage, and so could philosophical thought and adapting it for not produce legitimate children, though a Roman audience, he raises other ideas they might be encouraged to procreate about what kind of relationship marriage nonetheless. Having children was the prime is, and the part reproduction plays within but also minimum desideratum; the ideal it. He also reminds us of the role divorce may was for the man to live to see a long line of play in family strategies; by the late Republic, descendants, as Pliny’s roll of particular marriages could be ended by either partner, as honour in this field demonstrates Natural( also in Athenian law, though with some further Histories 7.58–60). The Emperor Augustus complications. Musonius instructs that: (though he produced only one legitimate child) exceptionally lived to see a grandson Husband and wife ought to unite one with born to his granddaughter, in the year of the other on these terms: both to live with his death (that is, AD 14). Over a century one another and to produce children; to earlier, Quintus Metellus Macedonicus died regard everything as shared and nothing leaving six children and 11 grandchildren; as belonging to the individual, not even counting daughters-in-law and sons-in-law, their bodies themselves. For while the birth the total number who greeted him with the of a human is a great thing and that is the title of father was 27. This old aristocrat was, result of this union, it is still not sufficient however, outdone by an ordinary freeborn reason in itself for marrying, since this can citizen from Fiesole, who, in the reign of also occur without marriage when people Augustus (Pliny tells us), ‘went in procession simply have intercourse, just as animals preceded by eight children, including two too have intercourse with one another. But daughters, 27 grandchildren, 18 great- in a marriage there must be a total union 6 Iris | Journal of the Classical Association of Victoria | New Series | Volume 31 | 2018 The Emperor Enters the Bedroom: Reproduction and Roman Law (W.H. Allen Memorial Lecture 2018). One member of the early imperial Roman and concern of man and woman for one elite, Pliny the Younger, provides a personal another, both in health and sickness and insight into the powerful need for children; in at all times…. If, however, one partner, or a letter addressed to Calpurnius Fabatus, his in the worst case both partners, looks out (third) wife’s grandfather, he imparts the news for him- or herself without regard for the of his wife’s recent miscarriage (Ep. 8.10; cf. other, then the union is doomed, and they 8.11.). At least to a modern reader, it is a brutal will either finally be divorced or maintain a letter, in which the main concern is that this union more lonely than solitude. marriage has not yet fulfilled its immediate purpose of producing descendants: Musonius ch. 13a You are keen to see great-grandsons from Wealth, beauty, and nobility add nothing to us, so you will be that much sadder to the success of a marriage, Musonius asserts: hear that your granddaughter has had a basic health, average appearance, self- miscarriage. In her girlish way she did not sufficiency and a suitable soul are all that is know she was pregnant, and so she didn’t required for a productive and harmonious do what pregnant women are supposed partnership. The prevailing elite perspective to do to protect the unborn child, and did would, on the contrary, value two of those things which she shouldn’t have done.
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