On the Three Parts of Domestic Society

As Saint Augustine also implies, when in The City of God, book 19, chapter 16 near the end he says that by the law of the city, the Father of the Household original: "Paterfamiliâs," the male head of a Roman family ought to take up the commands by which he rules his home, so that it may be adapted to the Peace of the City.

III. The Authority of the Husband original: "Imperium Mariti" is commonly described in harsher terms, and is even defined by the use of physical punishment original: "verberibus" according to the severity of offenses; however, this authority should consist in humanity, not in cruelty. See Arnisaeus, On Marriage, chapter 7, section 3 and following, except in cases where a wife is caught in Adultery. Because for the one who loves chastity original: "Pudicitiæ", there is rarely any forgiveness for the loss of it; and it is thought that something must be granted to a husband's just grief. Law 4 of the Code on Adultery. Lysias writes elegantly on this in his first oration. In all other cases, so that husbands do not abuse their excessive power to the insult of their wives, this Right of Husbands has been restricted—and not without merit—by Civil laws. Nor would I think it advisable (though it pleased Bodin in The Republic, book 1, chapter 3) that the more severe private punishment original: "coercitio," legal restraint or discipline of wives be brought back. On whether a man may privately punish his wife, and similar questions, see Jacob Martini, Philosophical College 1, dispute 4, thesis 5; and College 2, dispute 6, thesis 5 and the last; also dispute 7, the last thesis. Certainly, formerly among the Romans, wives defiled by a crime were handed over to their husbands to be judged. See Tacitus, Annals, book 13, regarding Pomponia Graecina, who was married to Plautius. And a woman remains under his power even after the Husband’s death; hence the privileges of a married woman do not cease for a Widow original: "Vidua". See the Milanese Decisions, book 1, decision 9, folio 71. It is a strange thing that Spartianus writes in his Life of Caracalla: that those who name the Moon original: "Luna," a feminine noun in Latin with a feminine name and gender are destined to always serve women. Spartianus refers to a belief that calling the deity "Luna" rather than the masculine "Lunus" led to a man being dominated by his wife.

IV. I add this also: concerning the age of Spouses original: "Coniugum", Philosophers and Political thinkers argue more appropriately than Lawyers. For lawyers consider only the biological capacity for procreation—see Pedro Mexia, book 2, chapter 14, and Mr. Harpprecht on the Institutes, "On Marriage," preface, number 7. The others, however, weigh other qualities and circumstances. Aristotle, Politics, book 7, chapter 16; Timpler, Household Management, book 1, chapter 4, question 9. For as Moulin correctly advises in his notes on the title of the Decretals regarding the betrothal of minors, fitness should not be considered merely in terms of physical power and sexual union after the manner of beasts, but also in terms of judgment and counsel. See Melchior Junius, Political Questions 28 and 30. On which woman should be taken as a wife, and the age suitable for marriage, see Canonhiero, book 4, chapters 2 and 3; add Kornman, The Line of Love, folio 141. Meanwhile, however, parents ought not to delay; Saint Augustine complains of this custom in his Confessions, book 2, chapter 2 near the end, and chapter 3, number 1 near the end, etc. A question for investigation arises here: are the betrothals original: "sponsalia," formal agreements to marry of infants or minors original: "impuberum" allowed for reasons of state? I believe this cannot be done except by the mature counsel of the Estates and Orders, if the parents are absent; see Arnisaeus, On Marriage, chapter 2, section 2, a matter that was being debated in France a few years ago. These political marriages,