Jus trium liberorum

The ius trium liberorum, meaning “the right of three children” in Latin, was a privilege rewarded to Roman citizens who had borne at least three children or freedmen who had borne at least four children. It was a direct result of the Lex Iulia and the Lex Papia Poppaea, bodies of legislation introduced by Augustus in 18 BC and 9 AD, respectively. These bodies of legislation were conceived to grow the dwindling population of the Roman upper classes. The intent of the jus trium liberorum has caused scholars to interpret it as eugenic legislation. Men who had received the jus trium liberorum were excused from munera. Women with jus trium liberorum were no longer submitted to tutela mulierum and could receive inheritances otherwise bequest to their children. The public reaction to the jus trium liberorum was largely to find loopholes, however. The prospect of having a large family was still not appealing. A person who caught a citizen in violation in this law was entitled to a portion of the inheritance involved, creating a lucrative business for professional spies. The spies became so pervasive that the reward was reduced to a quarter of its previous size. As time went on the ius trium liberorum was granted to those by consuls as rewards for general good deeds, holding important professions or as personal favors, not just prolific propagation. Eventually the ius trium liberorum was repealed in 534 AD by Justinian.

During the Augustan period the upper classes, the senatorial and equestrian orders, were diminishing in number. These classes formed the backbone of the state, forming the empire’s civil and military administration. The classes’ populations had been affected by the recent civil wars, proscription, and most importantly, low birth rates within the classes. The decrease in birth rate was even more dramatic than is typical for the increase in Rome’s development. The Lex Iulia and the Papia Poppaea had been able to increase marriage rates within the upper classes, but the birthrate had not increased enough through these bodies of legislation alone. For this reason the jus trium liberorum was enacted.

It is important to note that Italy’s population as a whole was not decreasing. In fact, it may have been increasing. The growth in population was largely due to the influx of slaves from outside of Italy, especially Eastern Europe. The jus trium liberorum, therefore, has been called a eugenic measure by scholars as it specifically worked toward increasing a specific population deemed desirable. It is argued that the aspect of population growth in the jus trium liberorum was a secondary intention. It is important that the jus trium liberorum is kept in the context of the Lex Iulia and the Papia Poppaea, which dealt with issues concerning racial purity within these classes, like appropriate marriage partners. James A Field equated the jus trium liberorum to the Third Reich’s decree by which a Jew might become an honorary Aryan in his article "The Purpose of the Lex Iulia et Papia Poppaea."

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Wikipedia