The Digest of Justinian, Volume 2

BOOK SIXTEEN

BOOK SIXTEEN T H E SENATUS CONSULTUM VELLEIANUM 1 PAUL, Edict, book 30: It has been very fully prescribed by the senatus consulturn Velleianum that women should not intercede on behalf of any person. 1. For just as by custom the undertaking of civil duties by them has been denied to women, and these [undertakings] for the most part are not valid by operation of law, so much the more had that power to be taken away from them in which not only their work and mere employment was concerned but even the risk of the family property. 2. And, indeed, it seemsjust to give assistance to a woman in this way, in order that the action is given against the original debtor or against him who rendered the woman liable on his own behalf; for he, more than the creditor, has overreached the woman. 2 ULPIAN,Edict, book 29: Now, first in the reign of the deified Augustus, and then soon afterward in that of Claudius, it was forbidden by imperial edict for women to intercede on behalf of their husbands. 1. Thereafter a senatus consultum was enacted by which help was given in a very full manner to all women; the wording of the senatus consulturn follows: "Because Marcus Silanus and Velleus Tutor, the consuls, had written what 0ugh.c to be done concerning the obligations of women who became debtors on behalf of others, the senate lays down the following: Although the law seems to have said before what pertains to the giving of verbal guarantees and loans of money on behalf of others for whom women have interceded, which is that neither a claim by these persons nor an action against the women should be given, since it is not fair that they perform male duties and are bound by obligations of this kind, the senate considers that they before whom the claim would be brought on this matter would act rightly and consistently if they took care that with regard to this matter the will of the senate was observed." 2. And so let us examine the terms of the senatus consultum, having first praised the foresight of the most distinguished order [the senate], because it brought help to women, seduced and deceived in many cases of this kind, on account of the weakness of their sex. 3. But relief is only granted to them if they have not been guilty of deceit; for this the deified Pius and Severus have laid down by rescript. This is because relief is given to those who have been deceived, not to those who deceive. This has also been stated in a Greek rescript of Severus in the following terms: "The decree of the senate does not give assistance to women who are guilty of deception"; for it \?ras the vulnerability of women, not their cunning that deserved assistance . 4. Every single kind of obligation is embraced by the senatus consultum Velleianurn, whether the women interceded by verbal, by real, or by any other sort of contract whatsoever. 5. But even if a woman acts as someone's defensor, there is no 2 BOOK SIXTEENiSENATUS CONSULTUM VELLEIANUM doubt that she intercedes; for she takes upon herself the obligation of another, inasmuch as, on account of this action, she suffers the condemnation. Accordingly, a woman is not allowed to act in defense either of her husband, her son, or her father. 3 PAUL,Edict, book 30: But if she undertakes the defense of someone who, were he condemned, would have recourse against her; for instance, where she defends the seller of an inheritance which has been sold to herself or where she defends her own verbal guarantor, she is not seen to intercede. 4 ULPIAN,Edict, book 29: But if I have contracted with a woman from the very beginning , when I did not know on whose behalf this act was intended, I do not doubt that the senatus consultum does not apply; and so the deified Pius and our own emperor have stated by rescript. 1. Therefore, if, while wishing to make a present to Titius, she accepted from me a loan of money and gave it to Titius, the senatus consultum will not apply. But even if, intending to make a present to you, she pays the money to your creditor, she does not intercede; for the senate wished to give assistance to the woman who had been placed under an obligation, not to a woman who...