Jus trium liberorum

The jus trium liberorum (Latin, "the right of three children"; also spelled ius),^[1] was a privilege awarded to Roman citizens who had produced at least three children or to freedpersons who had produced at least four.^[2] The privilege resulted from the Lex Papia Poppaea and other legislation on morality introduced by Augustus in the first centuries BCE and CE.^[3] These laws were intended to increase the dwindling population of the Roman upper classes.

The intent of the jus trium liberorum has been interpreted by a few scholars as eugenic legislation,^[4] but the predominant view is that it was intended to increase birth rates among the senatorial order.^[5] Men who had received the jus trium liberorum were excused from munera (compulsory services). Women with jus trium liberorum were no longer subject to tutela mulierum (guardianship by a male relative) and could receive inheritances which would otherwise descend to their children.^[6]

The senatorial reaction to the jus trium liberorum was largely to find loopholes, however. The prospect of having a large family was still not appealing.^[7] 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.^[8] The spies became so pervasive that the reward was reduced to a quarter of its previous size.^[9] As time went on, the jus trium liberorum was granted by consuls to some citizens as rewards for general good deeds, holding important professions or as personal favors, not just prolific propagation.^[10] Eventually the jus trium liberorum was repealed in 534 AD by Justinian.^[11]