The Institutes of Justinian

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leave brother o sisters ho accepi in inheritance, theremoter degrem are altogether excluded the division in hiscas Ming made individually that is to countinghetas, no stocks. Is there are severa degrees os agnates 5 the statute os the welvea les clearly calis only the nearest,so that is, sor instance, in decease leaves a brother, an a nephe by another brother deceased, or a paternat uncte, thebrother is preferred. An although that statute, in speahingos themeares agnate, se in singula number, there is nodis, that is there are severat of the fame degre thenare alladmitted so though properly one canispea of themearest degree only when there are severat, et it is certain that eventhough at the agnates are in the fame degre the inheritance long to them. Is a man dies Without having made a Williat est the agnate ho alie is the ne ho was eares atthe time of the cleat of the deceased But when a man dies, having made a Wili, the agnat who takes is oneris to tali atali is the ne hocis eares inen firs it ecomes certain that no ne ill accepi the inheritanc unde the testament; sor unti that moment the decease cannot properi be aidio have die intestate at ali and this periodis uncertaininis Sometimes a long one so that it no vnfrequently happens that inmug the death, cluriniit, os amearer agnate another comes earest,ho was notis at the deat of the testator. In agnati succession the established rule was that in rightaos accepting the inheritanc could notias stom meare to more remote degree; in the wotas that is the earestagnate, Who, a We have described, is calle to the inheritance, either resuses itis dies besore acceptance, the agnates of thenex grade have o laim to admittanc unde the welve Tabies. his ham ut again the praetor di no leave entiret wit ut correction, though thei remedy, hic consiste in the admission os suc persons, since the Were exclude hom the right os agnation in the ran os cognates, Was inadequate. But we, in ur destre t have thecia ascomplete a possibie have nacte in the constitution hichI

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II BOO LII. in ur clemen is have sme respecting the right os patrons that in agnatio succession the trans rence of the rightto accepi rom a neare to a remote degre shalliso beremsed sor it Was mos absum that agnates shouldie denteda privilege hic the praetor ad conserre o Cognates, especiali as in burde os mardianshi sellis the seconddegre os agnates is there Was a fallure of the iret, in principie hic, e have now sanctione heing admitte soriar asit imposed burdens, but rejecte so farras it conserre a boon.

To statutory succession in ascendant to is non the lasscalle who emancipales a child, grandchild, o remore descendant unde a fiduciar agreement, hic Diu constitution is no implied in ver emancipation. Among the ancient the rule a disserent so the parent acquire noright os succession unlesche had entered into a species agreementis trus to that effect prior to the emancipation.

o THE SENATUSCONSULTUM TERTULLIANUM. So strict were the rules of the statute os the welve Tabies in preferring the issu os males, an excludin t se ho trace thei relationshi throuo semales that the didno conser reciproca rights of inheritanc evenis a motherandine children though the praetor calle them to succredone another a nexti hin is promising them in possession o good in the classis cognates. ut his narro nes os the la was astematas amended in Emperor Claudius Ming the firs to conseris a mother, as a consolatio sor the lossa os her children, a statutor right to their inheritance, andaste ards, ver sui provision were made by the SC. emtullianum, enacte in the time os in Emperor Hadrian, and relatin to the melanchol succession os children by theirmothera though no by thei grandmothera, here, it Wasprovide that a Deebom oman who ad three or a see woman who had Mur childre s ut be entille to succredio the good os her hildren who die intestate even thoughherseis unde paterna power though, in this laver case s cannot accepi the inheritanc excepi by the directionis the

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TITTES IMIT II 5 person in hos power heras Childrenis the deceased whora are o Who rank a famil heim, Whether in theram o anyoster degree, are preserre to the mother, an even hereste deceased is a Wommiser Hidrenis imperia constitutions have a prior claim to the mother, that is to theiriwn grandmother. Again the sather of the deceased is preferreoto the mother, but notis the paterna grandiather o great- grandisther, at least hen it is et M them ni that thequestion arises h is entillecl. A brother by the fame sester exclude in motherrimm the succession tes in sons and dauotem, but a siste by the fame sather came in equallyWith the mother; and where there ere both a mine anda sister is the fame ather, as et M a mother ho Wasentitie is umber of hildren the brother exclude themother, an divide the inheritanc in equa moleties linthe sister. By a constitution however, hic we have place 4 in the Code made illustrious by ou name, we have deeme itright to assor relies to the mother, in considerationis natural justice of the pain os childbirth, and of the dange an evendeat whic mother osten incur in his manner sor,hichaeason we have judge it a sin that thenshouldi prejudicedis a circumstance hich is entiret sortuitous. For is a Dee-bom oman ad not horne three, or a medwoman ourchildren, he was undeservedi defraude os the successionto heriwnimpring and yet What sauit had she committed in Marin sew rather inan many childrei Accomingly, wetave conserre on mother a sui statutor right os successionis thei children, hether the be reebom or reed omen,

one in question deceased The earlier constitutions in theiri revie os statutor right os succession, Were in Some minis sevour te, in thera unsavourabie, to mothera thus in ome

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1 6 BOOx IV. succession of her sons, without deductio in savour os any other Person excepi a brotheri sister, hether by the sameiather a the deceased, o possessing rights of comation only; So that as, have preserre the mother o all,ith a statutor titie so e cal to the inheritance, long Wit her, althrother an sister os the deceased, hether statutorii entille o not provide that is the ni sumiuin relatives os the decease are sisters, agnati or cognatic, an a mother, the lalter hal have one-hais, and ali in sistere omine theother hal os the inheritance is a mother an a brother orbrothem, With o without sister agnati or Cognatic the inheritance shallie divide among mother, brothers, and sisters in equa portions But while, are legislatinisor offers, we ought also to besto some thought o thei omphing and accordingi mother should observe that is the domo applyWithi a nar sor maestans sor thei children, either originaltyo in te os hos who have been remove or excused in

on her deat intestate by the SC Orfitianum, passe in thetime os in Empero Marcus, hen Orfitus an Rufus ereconsuis: by hic a statutor right os succession a conserre on both sons an clauolers even though in the po eros another, in preserence to thei deceased mother' brothere an sister an other agnates Acho me grandsons ereno calle by this senatusconsuli it a statutor titte toine succession os thei grandmothem, his a subsequently

amende by imperial constitutions providin that grand- children hould e calle to inherit exacti like children. It is to e observe that right os succession such a those conferre by the SC . Tertullianum an Orfitianum are notextinguished by lossis status, Win to the rule that rightsos succession conserred by later statutes remo destroyed ininis Way but only such as are conserred by the statute os the

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TWelve ablem an finalty that unde the laueris theseri oraenaciment even illegitimate childre are admitte to theirmothees inheritanCe. Is there are severa heim it a statutor titte, some os εWhom domo accepi, or are prevente Domioingrio by death Or Some ther cause, their hares accrue in equa proportions to those hora accepi the inheritance, o to their heim,

Ο ΤΗ SUCCESSIO M COGNATES. Aster samit heira, an persons ho by the praetor and the imperia legislation are ranked a such, and aster personS statutorii entilled, amon inomare the agnates and those Whom the asoresai senatusconsulis an our constitutio have mise to the an os agnates, the. praetor calis the earest cognates. In this classi orde natural or bloo relationshipes alone is considered: sor agnates h have undergone los os status and thei children thoughio regarde asiaving a statutorynitie unde the statute os the welve abies, are called by the praetor in the thir orderis succession The Sole κ-ception to this rule are emancipaled brother and sisteri not, hoWever, includin thei chiloren), who are admitte by the statutem Anastasius to the statutor succession os a brotheror sister along 1th other rother an sisters, though no in equat shares it them, but with some deduction, the amount os Whicli canis ityi ascertaine stom the term os the constitution iiseis ut to other agnates os remote degreeS, Venthough the have not undergone lossis status, an stili moret cognates, thenare proferred by the asoresaid statute Again, 2 collatera relations connecte wit the deceased only by thesemale line are calle to the succession by the praetor in thethird orde a cognates and children who are in an adoptive 3

semit are admitte in his orde to the inheritanc os their natural parent. It is clea that illegitimate childre caninave no agnates, o in law the have oriather, an it is throughtheriacter that agnati relationshi is traced whil cognaticaelationshi is trace through the mother as etl the

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another, o consaneuine are in a Way amaticali relatia: consequently the are connected with ne another oni ascognates, an in the fame Wayrio With the cognates of theirmother. Accordinoy the can succee to the possession ofgood unde that par of the dici in hic cognates ares calle by the ille os mere inship. In his place oo eshould observe that a person who claim as an agnate canae admitted to the inheritance, even though te degrees removedisom in deceased both by the statute of the welve abies, and by the Edici in which the praetor promise in possessiono good to heire statutoriinentilleclci ut o the stround os mere natural kinship the praetor promise possession o goodsto thos cognates only who are Within the siκth degre theoninperson in the event degre whomine admit a cognates Ming the childremos a secon cousinis the deceased.

O THE DEGREES O COGNATION. It is here necessar to explain the way in hic the de-grees of natura relationshi are reclioned. In theraret placeit is in be observe that they a b counte either P arcis, o do nWaros, o crosswise, that is o say, collateralty R lations in the ascendin line are parenta, in the descendingline, childrem collatexa relations are rother an sistere, thei children, an similari uncies an aunt Paterna and maternat. In the ascendin an descendin lines a man'sneares cognate may be relate to him in theraret dest ea in the collatera lineine cannot hemeare tolim than the wCond. Relations in the re degree, rechoning PWams, are thelathe and mother; rechonini downwares, the Son and 2 claughter. hos in the secon degree, pwatas, are grand-sather an grandmother clo nwatas, grandson an grandidaughter an in the collatera line brother an sister. In the thim degree, pwams, are the reat-grandiather and great-grandmother clownwatas, the great-granoson and grea grandclauolers in the collatera line, the fons andram tersos a brotheri sister, an also uncte an aunis paterna and

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eister Thessather' sister is calle amita, the mother' min. aerura both go in Gree by the nam θειώ, or Wit Some, τιτθίρ. In the ouri des yee, pWaros, are the great-greM-4grandisine and the great-yeat-granomother; dom arcis, thegreatetreat-granum and the great-great-granodau ter in the collatera line, the paterna great-uncte an great-aunt, that is to say the grandiathessarother an sister the fame relations omine grandmothees fide that is to say, he brotheran sister: andirat cousin male and emate, that is, childrenos brother an sister in relation to ne another. The chil-- of two sisters in relation to ne another, are Pro rly calle consobrini, a corruption os consororini those of twobrothera, in relation to one amother, frames pamueles, is males, sorores sarmeles, i semale and thos of a brother an a sister, in relation to ne another, amitini inus the fons os mur sather' sister calloo consobrinus, and you them amitini In the fifth egree, pwaros, are the grandiather' great-5 grandiather an great-granomother, doWnWards, the great- grandchildre os one' own granochildren, an in the collatera line in granochildren os a brother o sister, a great-

eas to understan ho we ought to calculate the remoter degrees also, ac generation alWays adcling one degree so

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Ia BOOK V. that it is far easterito sanin hal degre any one is related insome one eis than to indicate his relationshipanthe proper specific term The degrees os agnation are also rechone in the fame manner ut a truth is fixe in the in os manmuch belle by the y than by the ear, we have deeme it necessa , aster ovin an account of the degrees os relation-ship to me a table os them inserte in the present book, that so the out may be able by both eam an eyrario Dina most persectanowledge os them. 10 tris certain that the partis the Edic in hic the possessionis goodiis promised to the nexi os hin has nothinito do it the relationshipsis flaves With one another nor is there annot statute by hic such relationships were recognis . However, in the constitution which we haverissued wit regatato the right os patrons- subject whic up totur times hia e mos obscure, an suli os difficulties an confusion we have been prompte by humanit to grant that is a laveshali eget hildren by either a see woman or another Alave, o converset is a lave oman hali ea childre os either se by either a Deeman or a flave, and both the parent a the children is bomis a lave oman Shali ecome isee, oris in mother Ming ree, the ather e a flave, an subsequently acquire his reedom, the children hali in ali thesecases succee thei sather an mollier, and the patron' rictulte dormant. An suc children, have calle to the succession no Ont of thei parenis, ut also os ne another reciprocatly by this enaciment, hether thos bom in lavery an subsequently manumitte are the ni children, orwhether there e ther conceived aster their arenis ad obtaine their reedom, and whether thenal have the sameiather o mother, O the fame ather an different mothera, o vice versa the rules applyin to children bom in lawsul wedlockiein applied here also. 11 o sum pol that, have said it appears that emons relate in the fame degre os cognation to the deceased areno always calle together, and that evenis remote is ome- times preserre to a neare cognate Foros amit Mimand thos whom, have enumerate as equivalent to familyheir have a priorit ove ali other claimanis, it is clear

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in the thim an sourin respectively. An it is immaterialWhether the descendant ho rank amon famil heir Wasin the power os the decease at the time os his death, or ut os it throuo havin been emancipate or through eing the child os an emancipate chil oris a chil of the semale sex.

hen there are o famil heire, an non os hos persons iauho we have sat ran a such, an agnate ho has tostioneos his agnati rictis, even though very many degrees rem edsrom me deceased is usualty preserre to meare cognate; sor instance, the grandSon or great-grandson os a paternaluncte has a Miter ille than a materna uncte or avn Ac-eordingly, in saying that the eares cognate is preferre in the succession o that, is there are severa cognates in theneares degree, theriare calle equalty we mea that this is the case is no ne is entille to priority accordin t What Me have salo, as iste Min or rankin a a famil heir oras Ming an agnate 'he only exception to this eing emancipate brother an sister os the deceased who are calle tosuccee him, and who, in spite of their lossis status, are preferre to other agnates in a remote degre than themselves.

originalty allowe to passive thei patrons in their,ills Withimpunity so by the statute os the welve abies the inheritanceis a reedma devolve o his patron only when hedie intestate ithout leavin a semit heir. Is e ted intestate, but testis amit heir, the patron a no entilledis an portio of this property, and this, is the salvit heir Was a natural child, seeme tolemo grievance but is he was an adoptive child, it was clearly uniat that the patron houldbe debareed romat right to the succession Accordinglycl

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Iaa BOOx L Tinis injustice of the lamwas at a late period corrected by the praetor's Edici, by which, is a re ma made a Will, he was commande to leave his patron hal his pro ny anci, ista est hi nothin at ali or es than a hals possemion os such at was ive to hi against in testament. ILon the ther hand he die intestate, leavin a familwheir

an adoptive son, the patron could Attin even against thetauer possession os the good of the deceased to the κ-tenti one-hais ut the reedman was enatae to exclucleth patron is hestes natural children, Whether in his power atine time os his death, or emancipate or give in adoption, provide that he made a Wil in hic he institute them heir to any partis the succession o that hein Passe Over, the demande possession against the wil unde in Eclici: is disinherited the di no avai to a the patron. At astili later perio the lex apia oppaea augmented the rightso patrons, inad more ealth Deedmen By this it was

enacte that wheneve a re man est propere amountingi value to a hundred thousan sesterces an up arcis, and notis mannas three children the patron, hether he oleotestate or intestate, shout be entille to a portio equa to

drem is heraest , childrenis heirs the patron coul claim a thim is hecies three, the patron was κclude alto ther. In ur constitution however, hich, have dram P in aconvenient sor an in the Gree language, heknown by ali, we have established the ollowin rules for application to such cases. Is the reedman o Deed omari istes than a censenarius, that is, has a fortune os les thana hundre aurei which, have rechone as equivalent toine sum os a hundre thousan sesterces κω by the ex Papia), the patron hal have no right to any hare in the succession is the mali a ili; hile, is the die intestate without leavin an children, e have retaine unim tredine right conserre o the patron by the welve abies. sthe are possesse os more than a hundred aurei, an leave adescendantis descendant of either se an an degre to