A Legal assistance for -women
Roman legal writers believed that women (and p-upilli, fatherless minors) should receive assistance in legal matters and their ignorance of the law could be excused.
Though some scholars have believed such references in classical jurists to be Justinianic interpolations, this is unlikely. Indeed, late Roman law may even have been less inclined to grant women the benefit of ignorance of the law [Beaucamp 1990, 87—92].D.1.16.9.5 (Ulpian): He (a provincial governor) should in general also grant advocates to those requesting them: to women or pupilli or those weak in other respects, or to those who are not in their right mind, if someone else requests on their behalf; or if there is no one who requests (on their behalf), he should of his own accord give them (an advocate).
D.2.13.1.5 (Ulpian): Aid will be given to those who, having made a mistake on account of their age or rusticity,69 or on account of their sex, have not given formal notice (of their intention to bring a legal action).
The jurist Paulus is less certain that women deserve extra legal help:
D.2.8.8.2 (Paulus): [the first sentence is here omitted]... Help must be given to the minor under twenty-five years, and perhaps also to a woman on account of her inexperience (imperitia).
D.22.6.9 pr. (Paulus): The rule is that ignorance of the law does hurt a person, but ignorance of fact does not. Let us see therefore, in what types (of situation) this can hold true, having mentioned in advance that minors under twenty-five are allowed to be ignorant of the law.
This is also said in regard to women in certain cases, on account of the weakness of their sex; and so wherever there is not a delict, but ignorance of the law, they are not harmed.70One instance where her ignorance of the law would not hurt her was when a woman informed on herself to the imperial treasury; those who were ignorant due to “rusticity” were also excused [D.49.14.2.7 (Callistratus); cf. D.2.13.1.5 above]. On female “weakness,” see Part IV.C below.
D.50.17.110.4 (Paulus): Aid must be given to women when they are being defended in court, not so that they more easily practice legal chicanery.
Sometimes women may have claimed the benefit of ignorance of the law when it did not apply. Thus one female petitioner was sternly informed:
Cod. Just. 6.9.6, 29 April, 294
Emperors Diocletian and Maximian and the Caesars to Frontina:
It is clear in the development of the Perpetual Edict on recognizing bonorum possessio7 that ignorance of the law does not benefit women. Given at Sirmium on the third day before the Kalends of May in the consulship of the Caesars.
size=1 color=black face="Times New Roman">Late imperial law continued to recognize that women (and minors) deserved special help, while stating clearly that women were not to take advantage of this leniency for their own financial gain:
Cod. Theod. 3.5.3 (first sentence only), 28 April, 330
Emperor Constantine Augustus to Valerian, acting Vicar of the prefect:
Though in matters of profit it is not customary to come to the aid of women who are ignorant of the law, the statutes of former emperors declare that this does not hold true in regard to (women) not yet of the age of majority...
[the rest of the law is omitted here]72Given on the fourth day before the Kalends of May in the consulship of Gallicanus and Symmachus.
Cod. Theod. 2.16.3, 6 March, 414
Emperors Honorius and Theodosius Augusti to Julianus Secundus, proconsul of Africa:
It is agreed by numerous authorities that consideration is (to be given) to women and minors in those situations, in which they have been either negligent or ignorant. Given at Ravenna on the day before the Nones of March in the consulship of Constantius and Constans.73
Cod. Just. 1.18.13, 1 July, 472
Emperors Leo and Anthemius Augusti to Erythrius, praetorian prefect:
In order that women not be allowed indiscriminately to retract all their contracts in those matters where they have been negligent or ignorant, we have decided that if through ignorance of the law they should suffer some loss about the law or their property, aid is to be given to them only in those cases, in which the authority of the laws that they neglected favors them. Given on the Kalends of July in the consulship of Marcianus.74