Book VI
Concerning family matters
De quae in familiam
Marcus Aurelius and Lucius Verus, 13 April 161:
A competent magistrate will if necessary order a parent to be supported by their child, if they are financially able to do so.
Septimius Severus and Antoninus Caracalla, 5 February 197:
If a child does their duty toward their parents, they will not deny them their parental affection. If they should fail to do so voluntarily, the child may go before a competent magistrate and they will order the parents to support the child according to their ability. But if they deny that they are the child’s parents, the magistrate will examine into that question first.
Alexander Severus, 7 February 223:
The rearing of a minor can be committed to no one better than their parents. But whenever a dispute arises over it between parents, a relative, a guardian, et cetera, the magistrate, when called upon, shall examine into the standing and relationship of the persons disputing to determine where the minor should be raised. And if they decide by whom they shall be raised, the person so designated must comply with the magistrate’s order.
Diocletian and Maximian, Byzantium, 9 April 293:
One may go before a magistrate and demand to see their children.
Diocletian and Maximian, Nicomedia, 16 November 294:
It is plain law that children cannot be transferred by parents to another, either by sale, gift, pledge, or in any other manner, even if the receiver pretends ignorance of the facts.
Valentinian I and Valens, 30 November 365:
We grant parents the right to correct minors in proportion to the character of the offence, so that those who are not induced to observe decorum in life by praiseworthy examples in the family may be compelled to do so by correcting them by chastisement. We do not give unlimited discretion in punishing faults of conduct, but parental authority may correct erring ways of a youthful relative so long as such chastisement causes no wound or bodily harm and is not dealt with an implement or fist.
Valentinian I, Valens and Gratian, 5 March 374:
If a parent has cast out and abandoned their child, they shall be subjected to the legal punishment. And we give no right to reclaim them, either to parents or guardians, if cast out and exposed by them in a way which may have caused their death, for it cannot be said that a child belongs to a person who abandons it.