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Marriage, Sex and Death: the Family in the Post-Imperial West

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Marriage, Sex and Death: the Family in the Post-Imperial West Marriage, Sex and Death: The Family in the Post-Imperial west By Emma Southon A thesis submitted to The University of Birmingham For the degree of DOCTOR OF PHILOSOPHY The Institute of Archaeology and Antiquity College of Arts and Law The University of Birmingham October 2012 i University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Abstract This thesis presents a cultural history of families and family roles in the post-Imperial west, here defined as AD 400-700. This thesis questions the ‘tri-partite’ influences of Roman heritage, ‘Germanic’ culture and Christianisation in the post-Imperial west, and identifies the prime driver of change in the construction of families as the development and implementation of Christian thought. This thesis is in two parts. The first considers families in the legal context of the post-Imperial law codes, and provides a systematic overview of the laws using the Theodosian and Justinian codes as a point of comparison. This section concludes that the post-Imperial codes are Roman in nature and that much of the legislation which concerns the family is very similar to the late Roman law of the Theodosian Code. This section considers legal stipulations concerning betrothal, marriage, adultery, divorce, widowhood, and parenthood. Part two considers the issues raised in part one within the literary context of the post-Imperial west, drawing on a wide geographical and chronological range of genres and texts to provide a diachronic analysis. This section considers many of the same concerns which are raised part one, but highlights different perspectives. In particular, part two argues that the development of Christian thought concerning families, and the increasing power of Christian Churches underlies much change that is seen in the literary texts within and throughout this period. These two sections come together to present a broad analysis of families and family roles throughout the lifecycle of the traditional families in the post- Imperial west, highlighting new cultural and religious landscapes as drivers for change rather than ethnic values. ii Acknowledgements My first and most sincere thanks must go to Drs Mary Harlow and Chris Callow for their guidance, they have been infinitely supportive, constructive and patient with my many foibles, distractions, missed deadlines, questions and incorrect uses of em-dashes. Without them, this thesis could not have existed. I also offer my thanks to Dr Ville Vuolanto, Dr Christian Laes, Dr Lisa Alberici, Eve Davies, Dr Lena Larsson Loven, Prof. Ray Laurence and Dr Christina Possel for the guidance, input and constructive comments on various ideas, theories and papers I presented them with. This research was undertaken with funding from the Arts and Humanities Research Council and the University of Birmingham Alumni fund, to whom I am extremely grateful. On a personal note, my deepest thanks go to my parents and step-parents who have remained so supportive throughout this research. I also thank my dearest biff Phoebe; Liz, Sarah, Debbi, Laura, Erika, Matt, Cory and all the study room regulars for coffees, distractions and love; Liam, and all on Twitter for hindering my writing process; Elon and all the undergraduates whom I have taught over the past 4 years for laughs, ideas and inspiration and referencing help. Jack provided research assistance through the last stages of this thesis which was invaluable. Priyesh supported me emotionally and financially for much of the research stage of this thesis and so deserves more gratitude than I could ever repay. Finally, I thank and dedicate this thesis to Luke who bullied, loved and pushed me through the final years of this project and who will never know how much I owe him. iii For Luke, Livia and Boo, Familia Mea iv Contents Abbreviations and Translations .............................................................................................................. 1 Introduction ............................................................................................................................................. 2 Terminology and Time Frame ............................................................................................................ 5 Literature Review ................................................................................................................................ 8 Roman-Germanic Dichotomy ......................................................................................................... 9 Childhood and Parents .................................................................................................................. 15 Marriage ........................................................................................................................................ 19 Christian-Non Christian Dichotomy ............................................................................................. 20 Family structure ............................................................................................................................ 23 Sources .......................................................................................................................................... 25 Thesis Overview ............................................................................................................................... 32 Part One: Legal Overview .................................................................................................................... 34 1.1.1 Betrothal and Marriage ................................................................................................................ 34 1.1.1.1 Betrothal in the Liber Constitutionum .............................................................................. 35 1.1.1.2 Betrothal in the Pactus Legis Salicae and the Lex Ribuaria ............................................ 38 1.1.1.3 Betrothal in the Liber Iudiciorum .................................................................................... 42 1.1.1.4 Betrothal in the Lombard Codes ...................................................................................... 46 1.1.1.5 Discussion ........................................................................................................................ 50 1.1.2 Betrothal, Sex and Consent .......................................................................................................... 54 1.1.3 Marriage, Law and Property ........................................................................................................ 57 1.2 Death and Divorce .......................................................................................................................... 69 1.2.1 Adultery ................................................................................................................................... 69 1.2.2 Divorce ..................................................................................................................................... 75 1.2.3 Childless Widowhood and Property ........................................................................................ 79 1.2.4 Conclusions .............................................................................................................................. 83 1.3 Parenthood ...................................................................................................................................... 84 1.3.1 Fathers, Children and Patrimony ............................................................................................. 84 1.3.2. Mothers and their Property ..................................................................................................... 92 1.3.3 Abortion, Infanticide, Child Abandonment ............................................................................. 97 1.4 Conclusions ................................................................................................................................... 105 Part Two: Literary context .................................................................................................................. 108 Introduction ..................................................................................................................................... 108 2.1. Betrothal: Introduction ................................................................................................................. 108 2.1.1 Betrothal and Sex ................................................................................................................... 110 2.1.2 Betrothal and consent ............................................................................................................. 112 2.1.2 Betrothal and Desire .............................................................................................................. 126 2.1.3 Conclusions ...........................................................................................................................
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