had publicly notified before the aediles, a permit for fornication,
according to the usage that prevailed among our fathers, who supposed
that sufficient punishment for unchaste women resided in the very nature
of their calling." No penalty attached to illicit intercourse or to
prostitution in general, and the reason appears in the passage from
Tacitus, quoted above. In the case of married women, however, who
contravened the marriage vow there were several penalties. Among them,
one was of exceptional severity, and was not repealed until the time of
Theodosius: "again he repealed another regulation of the following
nature; if any should have been detected in adultery, by this plan she
was not in any way reformed, but rather utterly given over to an increase
of her ill behaviour. They used to shut the woman up in a narrow room,
admitting any that would commit fornication with her, and, at the moment
when they were accomplishing their foul deed, to strike bells, that the
sound might make known to all, the injury she was suffering. The Emperor
hearing this, would suffer it no longer, but ordered the very rooms to be
pulled down" (Paulus Diaconus, Hist. Miscel. xiii, 2). Rent from a
brothel was a legitimate source of income (Ulpian, Law as to Female
Slaves Making Claim to Heirship). Procuration also, had to be notified
before the aedile, whose special business it was to see that no Roman
matron became a prostitute. These aediles had authority to search every
place which had reason to fear anything, but they themselves dared not
engage in any immorality there; Aulus Gellius, Noct. Attic. iv, 14,
where an action at law is cited, in which the aedile Hostilius had
attempted to force his way into the apartments of Mamilia, a courtesan,
who thereupon, had driven him away with stones. The result of the trial
is as follows: "the tribunes gave as their decision that the aedile had
been lawfully driven from that place, as being one that he ought not to
have visited with his officer." If we compare this passage with Livy,
xl, 35, we find that this took place in the year 180 B C. Caligula