Roman law forms the basis of many modern legal systems, but it also contained laws and rules that seem particularly strange or even bizarre from our current perspective. These 10 examples offer insight into the sometimes surprising norms and values of ancient Rome.
1. The absolute power of the Pater Familias
According to the Law of the Twelve Tables (c. 451-450 BCE), the oldest Roman legislation, the ‘Pater Familias’ (the male head of the family) had absolute ‘patria potestas’ (paternal power) over his household. This included his wife, children, grandchildren, and slaves.
This power was lifelong and included the right of life and death (vitae necisque potestas) over his children, the right to sell them into slavery, and the right to arrange or dissolve marriages. Although this right was later limited in practice, the concept of near-absolute paternal power persisted for a long time.
2. Vestal Virgins were buried alive if they erred
The Vestal Virgins were priestesses tasked with keeping the sacred flame of Vesta, goddess of hearth and home, burning. They took a vow of chastity for 30 years. Breaking this vow was considered a very serious offense that endangered the safety of Rome.
Because shedding the blood of a Vestal Virgin was taboo, the punishment for breaking the vow of chastity was particularly gruesome: the priestess was buried alive in an underground chamber with a small amount of food and water, after which the entrance was sealed.
3. Ban on the color purple (for most)
Tyrian purple, a precious dye extracted from sea snails, was an exclusive status symbol in the Roman Empire. In the later imperial period, wearing entirely purple clothing (like a toga) was restricted by law to the emperor.
Senators were only allowed a broad purple stripe (laticlavus) on their toga. Violating this sumptuary law could be severely punished. Purple was literally the color of power.
4. Strict rules for mourning periods
Specific laws regulated the duration of mourning periods, especially for women. According to the Twelve Tables, widows were not allowed to mourn their husbands for longer than ten months.
The idea behind this was likely practical: preventing prolonged disruption of social and economic life and enabling remarriage. Men often faced less strict mourning regulations.
5. Lightning strike? Divine desecration!
A place or object struck by lightning was considered religiously desecrated. It was forbidden to enter such a place, build on it, or bury the remains of a person struck by lightning in the normal way.
The spot was often marked with a special small monument, a ‘bidental’, and seen as directly touched by the gods (especially Jupiter). Ignoring this rule could be considered sacrilege.
6. No burials within the city walls
The Twelve Tables explicitly prohibited burying or cremating the dead within the ‘pomerium’, the sacred boundary of the city of Rome. Cemeteries had to be located outside the city walls.
This likely had both hygienic and religious reasons. Only very exceptional figures, such as Vestal Virgins or triumphant generals under certain circumstances, were sometimes granted permission for burial within the city.
7. Laws against magic and spells
Although magic and superstition were widespread, laws existed against harmful sorcery (‘maleficium’). The Twelve Tables already contained provisions against ‘cursing’ someone else’s crops (casting spells to make the harvest fail).
Later, laws against fortune-tellers, astrologers, and magicians considered dangerous to the state became stricter. Accusations of witchcraft could lead to exile or even the death penalty.
8. The ‘Lex Oppia’: Restrictions for women
During the Second Punic War (215 BCE), a period of severe crisis, the ‘Lex Oppia’ was introduced. This law restricted the luxury women were allowed to possess and display. They were forbidden to own more than half an ounce of gold, wear multi-colored clothing (especially purple), or travel by carriage within Rome.
The goal was to conserve resources for the war and maintain public morale. Interestingly, the law was repealed after the war, despite fierce protests from the women themselves (led by consul Cato the Elder).
9. Poena cullei – A brutal punishment for Parricide
Parricide, the murder of a parent or other close relative, was considered one of the worst crimes. The traditional punishment (poena cullei) was particularly bizarre and horrific.
The condemned was flogged, then sewn into a leather sack along with a dog, a rooster, a monkey, and a snake, after which the sack was thrown into the river (or sea). The idea was that the murderer, who had disrupted the natural order, was abandoned to the water along with unclean animals.
10. Ban on nocturnal gatherings
The Twelve Tables also included a ban on nocturnal gatherings or meetings (‘coetus nocturni’) within the city. This was likely intended to prevent conspiracies, uprisings, and public disturbances.
Although aimed at political stability, this law could also be used to suppress certain religious groups or social clubs that met at night.
These laws show that the Roman legal system, though influential, was deeply rooted in the specific social, religious, and political context of its time. They reflect views on family, religion, status, and public order that differ greatly from ours. It is precisely these ‘bizarre’ laws that offer a fascinating window into daily life and mentality in ancient Rome.
