[ULPIANUS libro uicensimo nono ad edictum. ] §16.1.2.prEt primo quidem temporibus diui Augusti, mox deinde Claudii edictis eorum erat interdictum, ne feminae pro uiris suis intercederent.
[ULPIANUS, On the Edict, book 29] And first indeed in the times of the deified Augustus, soon after that of Claudius, it was forbidden by their edicts that women should intercede for their husbands.
§16.1.2.1Postea factum est senatus consultum, quo plenissime feminis omnibus subuentum est.
Afterwards a senatusconsultum was made, by which all women were most fully relieved.
cuius senatus consulti uerba haec sunt: 'Quod Marcus Silanus et Velleus Tutor consules uerba fecerunt de obligationibus feminarum, quae pro aliis reae fierent, quid de ea re fieri oportet, de ea re ita censuere: quod ad fideiussiones et mutui dationes pro aliis, quibus intercesserint feminae, pertinet, tametsi ante uidetur ita ius dictum esse, ne eo nomine ab his petitio neue in eas actio detur, cum eas uirilibus officis fungi et eius generis obligationibus obstringi non sit aequum, arbitrari senatum recte atque ordine facturos ad quos de ea re in iure aditum erit, si dederint operam, ut in ea re senatus uoluntas seruetur'. §16.1.2.2Uerba itaque senatus consulti excutiamus prius prouidentia amplissimi ordinis laudata, quia opem tulit mulieribus propter sexus inbecillitatem multis huiuscemodi casibus suppositis atque obiectis.
The words of this senatusconsultum are as follows: 'Whereas the consuls Marcus Silanus and Velleus Tutor made a statement concerning the obligations of women who become liable for others, as to what ought to be done regarding this matter, they have decreed regarding this matter as follows: as far as pertains to suretyships and loans on behalf of others, in which women have interceded, although it seems that previously the law was so declared that no demand should be made on this account by them, nor any action granted against them, since it is not equitable for them to perform manly offices and to be bound by obligations of that kind, the senate considers that those who shall be approached in court regarding this matter will act rightly and in order, if they take care that the will of the senate is preserved in this matter.' Therefore, let us examine the words of the senatusconsultum, having first praised the foresight of the most ample order, because it brought aid to women on account of the weakness of their sex, many cases of this kind having been put forward and presented.
§16.1.2.3Sed ita demum eis subuenit, si non callide sint uersatae: hoc enim diuus Pius et Seuerus rescripserunt.
But it only relieves them if they have not acted craftily: for the deified Pius and Severus wrote this in rescripts.
nam deceptis, non decipientibus opitulatur et est et Graecum Seueri tale rescriptum: ταῖς ἀπατώσαις γυναιξὶν τὸ δόγμα τῆς συγκλήτου βουλῆς οὐ βοηθεῖ. infirmitas enim feminarum, non calliditas auxilium demeruit.
For it helps those who are deceived, not those who deceive, and there is also such a Greek rescript of Severus: "To women who deceive, the decree of the senate does not bring aid." For the weakness of women, not their craftiness, has deserved aid.
§16.1.2.4Omnis omnino obligatio senatus consulto Uelleiano comprehenditur, siue uerbis siue re siue quocumque alio contractu intercesserint.
Every obligation whatsoever is comprehended by the Velleian senatusconsultum, whether they have interceded by words, by a thing, or by any other contract.
§16.1.2.5Sed et si mulier defensor alicuius exstiterit, procul dubio intercedit: suscipit enim in se alienam obligationem, quippe cum ex hac re subeat condemnationem.
But also if a woman stands forth as the defender of anyone, without doubt she intercedes; for she takes upon herself another's obligation, since indeed from this fact she undergoes condemnation.
proinde neque maritum neque filium neque patrem permittitur mulieri defendere.
Accordingly, a woman is not permitted to defend either her husband, her son, or her father.