Praefectus Urbanus Quinus Vitellius had been contacted a few days prior by a client of Proconsular Legate Fortunus Julianus, Camillus Avitus. Claims of custody were made and a hearing demanded, as any Roman citizen had a right to make. The parties involved were informed and ordered to appear before the Court of the Centumviri in the Basilica Sempronia. The Court consisted of a large collection of trained jurists and eminent citizens who sat under the presidency of the Praefectus Urbanus or a lesser magistrate. The jurisdiction of the Centimviri covered most civil cases arising within Rome, as well as various appeals from regional and provincial courts. Because of the prominence of the Julianus ad Nervae families, Quinus decided to preside in person. After seeing all parties seated and ready, Quinus addressed the attendees.

“I, Quinus Vitellius, Praefectus Urbanus, call a hearing to determine who retains custody of Maximus Julianus, son and heir of Proconsular Legate Fortunus Julianus, and his ex-wife Alyias Nervae.” Quinus scanned the crowd of citizens and the court. “Camillus, you may initiate proceedings.”

Gaius Camillus Avitus stood, and addressed the Praefectus Urbanus:

"Fortunus Julianus would like to thank you, honorable Quinus Vitellius, for listening to his plea here today. It stands that Oleria Alyias Nervae was unhappy with the state of the marriage between herself, and Fortunus Julianus, so divorce was made on her part, in Novembris of the year 813 after the founding (AD 60). Officially, Alyias made it known to Fortunus via a letter, which stated that she was going to take full custody of their son, Fortunus Maximus Julianus. She stated that she was removing him from the home of Fortunus' mother, and the boy's grandmother, Cornelia, and placing him in her own home, where she has proceeded to hire a tutor for him. She suggested that Fortunus' family was not financially sound enough to care for the boy.

This action by Oleria Alyias Nervae was a move that was completely and utterly illegal, according to Roman law. According to our sacred law and tradition, a child born of any legal Roman marriage belongs, exclusively, to the family of the father. Thus, any child born of a legal wedding between Roman citizens belongs to the father, completely. A child born to a Roman marriage does not belong to the mother, in any way.

While custom allows Roman matrons to raise their children, to care for them, while in marriage, it does NOT permit a woman to take custody of the child in any way. A Roman child is in full legal control of any Roman family's paterfamilias. When divorce is made, by either party of the marriage, the child, being legally a part of the father's family, and having no legal connection to the mother's, thereby stays in the household of the paterfamilias of the paternal line, to be raised and cared for. Custom dictates that the mother, once divorce is sounded and placed into effect, has forfeited all legal connections to the boy.

Given these facts, Oleria Alyias Nervae has taken it upon herself to dictate to Fortunus Julianus all terms of his relationship to his legal heir. Moreover, she has legally kidnapped the child, taking him from the estate which his father, Fortunus, had explicitly stated he was to be raised in, until further notice. These motions by Alyias trample over Roman law, and are meant to unjustly sever a good, honorable Roman paterfamilias from his one and only child, and heir."

Quinus turned toward Alyias Nervae, who had a look of surprise on her face. Alyias stood up for herself, very angry and speaking with a strong voice.

"I have not done anything illegal in the dealings with my son. I've written to my husband telling him of how I've moved back with our son, that he has never seen in his life, to the Nervae estate. I keep in contact with his mother, Maximus, grandmother all the time. I get along well with the lady and she doesn't blame me one bit for leaving Fortunus. This is the first ever Fortunus has taken any interest in his son’s life."

Alyias had to stop for a moment because she was tearing up.

"I've devoted my life to my son. And for him to be taken away...would…" She couldn't continue as she really began to cry harder. "I love my son, so much, he’s all I have. I just don't know what to do or say other than that. I know he needs me, and if he’s taken away from me it would be just as bad for him. I..." she wiped her eyes, "Please...do not take my son away from me. I do not want to keep him from the Julianus family..I just want to...love him and raise him…"

She looked about the room and said "Thank you". Then she sat down, crying silently. Quinus addressed Camillus and Alyias, giving them both one more chance to make a statement before the court would convene and decide the verdict.

Camillus stood up, and looked about the room with fire in his eyes. "A woman's words!" he said, shaking his fist. "Wonderful. This woman would stand before the Praefectus Urbanus, and tell fabricated tales. Cornelia would never turn from her son, and has, in fact, written him. Fortunus Julianus received a letter, written in a pointed state of bereavement, in which she told her son of the situation with Alyias. Cornelia has longed for a grandson, and has only proven herself loyal to her one and only remaining son, Fortunus. She would not cast blame on him for this failed marriage. Alyias knew what she was getting into, when she married into the Julianus family.

Moreover, her suggestion that she has 'not done anything illegal' in the 'dealings' with her son is a blatant refutation of the truth. Here we sit, a witness to Roman law, and her actions, and she still denies that it was illegal. Our law must stand, and if this woman is so quick to throw down a law as sacred as one dealing with custody, then she clearly has little respect for Rome's institutions. A woman with no respect for the institutions of the Eternal City should not be considered fit to raise a patrician boy, destined to play a part in the growth of our Empire."

With that, Camillus took his seat. Alyias stood up, angry, before the Praefectus Urbanus could address her, and gave her final rebuttal.

"How dare you sir!? You know nothing that has gone on! NOTHING! Have you been in my home where I have had to explain to my child why I weep for my husband who doesn't care for me!? Have you been there when my son asks me why his father doesn't write him well wishes on his birthday!? NO! And I wish I didn't have to be in those situations but I was!" Alyias was breathing heavily. "My actions were not illegal! I took my son to my home WHILE I was still married to Fortunus and I did tell him about it in letters!"

Tears were flowing from Alyias. "And to say I have no respect for Rome!? I hold up the most respect for Rome. I do my duty to Rome as any woman can. I am proud to be a first generation Roman in my family. I have taught my son the virtues of being a Roman, and I have already hired a tutor for him teaching him Roman ways as well."

Alyias had to wipe her tears and collect herself, "I never said I wanted to take Maximus away from anyone. I am doing the same thing I've always done and I will do to the day I die...I'm taking care of my son, providing for him where his father has failed, and have loved him with all my heart." Alyias said no more but bowed her head and sat crying into her hands. Alyias looked about the room at the men. "Fortunus has let not only myself down but his son most of all. He’s written us, the few times he has over the years, promising us things, such as visits, and us homes in lands closer to him. He has NEVER followed through with anything he says. This crushes my poor son’s heart every time I have to tell him, no your father is not coming like he said he was, or no he isn't sending for us yet.”

The Centumviri, having sat through an intense and emotional hearing, took to their antechamber to deliberate. There was silence in the basilica, with only a few murmurs between onlookers keeping the air from complete stillness. After a short period of time, the jurists returned. The First Centumvir stood before the Praefectus Urbanus.

“Lady Alyias Nervae has failed to provide any support for her position according to the laws and customs of our Respublica. Therefore, we have no choice but to order that the child be placed in the custody of the father, Fortunus Julianus, and his appointed representatives. We do submit this judgment to the Senate and People of Rome, and our esteemed Magistrate, Praefectus Urbanus Quinus Vitellius.”

Quinus looked at Alyias, then at Camillus, and then back to the Centumviri.

”So Ordered.”

Camillus dashed up to the Praefectus Urbanus. Quinus smiled at the man, satisfied with the ruling. He briefly saw the sobbing frame of Alyias over Camillus’s shoulder.

“What is it Camillus?” Quinus asked.

“Sir, I have instruction from Fortunus that Maximus is to be placed in the care of the Imperator until further notice. I am sure he mentioned it to you.”
“He did, actually. I trust you can make it all happen without me.” Quinus looked at Camillus, who nodded back in agreement. The two men then parted ways and left the basilica—a lesser magistrate arrived to replace the Urban Prefect for the day’s next hearing.

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By: Tullius Quinus Vitellius, Romulus Fortunus Julianus, Oleria Alyias Nervae

AD 61