ABSTRACT

The life of Herod the King seems at times a true tragedy even in the intimate domestic sphere. It is true that many scholars held, and some still hold, that there was such a thing as a domestic court with juridical jurisdiction, but following the studies of Volterra, the number of doubters grew as to the legal obligation applying to the holder of the patria potestas to expand the consilium necessariorum and to obtain the consent of the majority in order that he be able to exercise his vitae necisque potestas. Augustus tries to steer Herod towards leniency by means of his “suggestion” to get together an assembly of in Berytus, which was the location of the Roman delegation of Syria. It is very clear that Herod is not acting in accordance with patriarchal law.