SECUNDAE NUPTIAE

Abstract

Throughout Roman history second marriage was always permitted to both men and women, regardless of whether the first marriage ended with the death of husband or wife, or divorce. Provided that the previous marriage had ended, the second marriage was legally valid, but in certain cases the spouses who entered into the second marriage did not have the same rights as they had in the first marriage. The paper will discuss the period of mourning (tempus lugendi), its purpose (which was later extended to include divorce) and the consequences of not respecting it. Also, the relation of August’s marriage legislation to the second marriage will be exposed, as well as the novelties of the Christian emperors in terms of imposing property restrictions (poenae secundarum nuptiarum) of men and women who entered into a second marriage and have children from previous marriage.