Challenging Gender Roles: Hortensia Goes to Court--and Wins! Val. Max. 8.3.3

Hortensia, A Women’s Rights Advocate

Name: Valerius Maximus Date:  1st century CE Region:  Unknown Citation:  Memorable Deeds and Sayings   8.3.3

When noblewomen were oppressed by the triumvirs’ taxation and none of their husbands deigned to advocate for them, Quintus Hortensius’ daughter Hortensia pled the women’s case in court—and won! By using the eloquence she inherited from her father, she managed to get a majority of the taxes remitted. At that time Quintus Hortensius came to life again in female form; he inspired his daughter’s words.

Hortensia, A Women’s Rights Advocate

Hortensia vero Q. Hortensi filia, cum ordo matronarum gravi tributo a triumviris esset oneratus nec quisquam virorum patrocinium eis accommodare auderet, causam feminarum apud triumviros et constanter et feliciter egit: repraesentata enim patris facundia impetravit ut maior pars imperatae pecuniae his remitteretur. Revixit tum muliebri stirpe Q. Hortensius verbisque filiae aspiravit.

Valerius Maximus [1st century CE] Little is known about the life of Valerius Maximus except that he wrote during the reign of the emperor Tiberius. His work, Memorable Deeds and Sayings, is a collection of examples from Roman and world history categorized by theme for the purpose of rhetorical exercises.

A Man's Soul In a Woman's Body: Amesia, Valerius Maximus 8.3.1

Maesia: A Woman Goes to Court

Name: Valerius Maximus Date:  1st century CE Region:  Unknown Citation:  Memorable Deeds and Sayings  8.3.1

During trial, Maesia of Sentinum pleaded her own defense to the praetor Lucius Titius in front of a large crowd. She performed the proper methods and procedures with both professionalism and passion. She was acquitted of all charges. Because she had a man’s soul in a woman’s body, she was called the “Androgyne.”

 

Maesia Sentinas rea causam suam L. Titio praetore iudicium cogente maximo populi concursu egit modosque omnes ac numeros defensionis non solum diligenter, sed etiam fortiter executa, et prima actione et paene cunctis sententiis liberata est. Quam, quia sub specie feminae virilem animum gerebat, “Androgynen” appellabant.

Valerius Maximus [1st century CE] Little is known about the life of Valerius Maximus except that he wrote during the reign of the emperor Tiberius. His work, Memorable Deeds and Sayings, is a collection of examples from Roman and world history categorized by theme for the purpose of rhetorical exercises.

Challenging Gender Roles: The Rights of Vestal Virgins, Caius, Inst. 130, 144, 145

130. A male child shall be liberated from their parents if he becomes a Flamen Dialis; a female child shall be liberated from their parents if they are chosen to become a Vestal Virgin.

144. It is allowed for parents to provide a guardian for the children under their care, including minor male children, and women of any age, even if they are married. For our ancestors wished for women (despite reaching the age of maturity) to be in the care of a guardian due to the fickleness of their mind.

145. And so if someone leaves their son *and* their daughter in the care of a guardian in their will, when both reach the age of maturity, the son will stop having a guardian, but the daughter will remain in the guardian’s care. This is how it is in the Lex Julia & Papia Popaea, that a woman is only freed from guardianship by the right of motherhood [iure liberorum].  I must add this: this does not apply to Vestal Virgins, whom our ancestors wished to remain free as a perk of their priesthood, as per the Twelve Tables.

130. Praeterea exeunt liberi virilis sexus de parentis potestate, si flamines Diales inaugurentur, et feminini sexus, si virgines Vestales capiantur. 

144. Permissum est itaque parentibus liberis, quos in potestate sua habent, testamento tutores dare: Masculini quidem sexus inpuberibus, feminini vero inpuberibus puberibusque, vel cum nuptae sint. Veteres enim voluerunt feminas, etiamsi perfectae aetatis sint, propter animi levitatem in tutela esse. 

145. Itaque si quis filio filiaeque testamento tutorem dederit, et ambo ad pubertatem pervenerint, filius quidem desinit habere tutorem, filia vero nihilo minus in tutela permanet: Tantum enim ex lege Iulia et Papia Poppaea iure liberorum a tutela liberantur feminae. Loquimur autem exceptis virginibus Vestalibus, quas etiam veteres in honorem sacerdotii liberas esse voluerunt: Itaque etiam lege XII tabularum cautum est.’’

--Caius, Institutiones I.130, 144, 145

 Little is known about the life of Caius / Gaius, except that he was an expert on Roman law. His citation of laws from the 2^nd century CE serve as an indication of the time period during which he lived. His four volume work, the Institutes, provide crucial insight into primary sources of Roman law.