The Institutes of Justinian

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question is no an Ariather an a son in his power, o twora Mothera who are both in the poweris oneriather, cancla sullyWitnes the fame testament, or there canis no arm in severa person os the fame famil Witnessin together theactis a man who is to them a stranger. ΝΟ ne ho me iought to e mong the witnesses horis in the testator's Wer, an is a son in power ahes a Wil os militar peculium aster his discharge, netine his sather nor annone in his father' power is qualisie to eo itness for it is notallo e to supportis ill by the evidenc os person in thesam family it the testator. O ill again, an e it 10 nesse hy the person institute heir, o hy any one in his Wer, o by a satae in hos power hesis, o by a rother unde the wwer of the fame sather: so the execution os a wili is considere at the present a to e purei andentiret a transaction e een the testator an the heir. Throuo mistaken ideas on his matter the whol la ost tamenta 'vidence et into confusion sor the ancients, though the rejecte the evidenc os the purchaser of the famil an os person connecte with him by the tie os wer, allowe a Wili tot witnessed by the heir an persons similarly connected with him, though it must be admitted thatthey accompante this privilege with urgent cautions againstit abuse. e have ho me amende this rute, an enacted in the so law-hat the ancient expresse in the formonino advice, hy assimilatin the hei to the old purchaseros the family, an have righil sorbidde the heir, homo

represent that character, an ali ther person connected with him by the tie reserre io, to bear,itnesci a matre in which, in a sense, ther out be witnesses in theiriwnaehais Accordingly, we have Not allowed earlier constitutions ominis subjecto be inserte in ur Cocle. Legatees, an person Hwho tali a benefit unde a ill by wayis trusi, an inose connected with them, e have no sorbidde to be witnesses, Minus the are not universa successors of the deceased: inde , by one os our constitutions we have speciallyaranted

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this privilege to them, and a sortiori, to persons in their m er, o in hos power in 're. 12 It is 1mmateria Whether the wil he writim on a ahlet, 13 Paper parchment, o any other Substance an a mari Mexecute any number of duplicates of his mill for this is inme- times necessary though in each of them in usual formalities must be observed For instance, a person Setting utrum avoyage may Wis to tali a statementis his last Wishes longwith him, an also to leave ne at home an numheri sother Circumstances hic happen to a man, an over hich

OF SOLDIEM' IL . Soldiem, in considerationis thei extreme ignorance of la have been exempte is imperial constitutions stom the strictrules sonthe execution os a testament which have been described. Neither the legat number os Witnesses, nor the observariCE sthe ther rules hic have been stated is necessar to oveso e to their,1lis, provided that is to say, that thenare made by them hil on actuat service this last qualification eingamein though,is one introduce by our constitution Thus, in Whateve mode a soldier'clast wishes are declared, whether in ritin or orally this is a incling ill by force of his mere intention At times however hen the are no empton o actuat service, hut are living at home o else here, inenaremo allowe to claim his privilem: the may mahe Will, even though in te sons in o er in virtve os their service, ut the must observe the ordinar rules, an are

und by the orm .hich, describe ab eo requisite in the executio of the wilis os civilians. Respecting the testament os soldier theramperor Trajan sent a rescriptio Statilius Severus in the solio in terms: The privilem

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Writte testament, an his ishes therein declare ought tobe carrieffout raucis alis So common in ordinaryconversation, he sal to sommone, I mahe yo m heir,' or, leave muali m property such expression cannot be hel torum nito a testament, an in interest os the very soldiem, ho are

privilem in the way described, is in principat ground sorrejecting such a precedent. For is it were admitted it,ould

inat he had eam him a hecles his propertnto any one in fleased to name, an in thi Way it,out be impossibieto discove the me intentions os the deceased soldie ais may ake a Will though dum o deaf his privilege, showever, hic we have sat soldiem erion is allowed them imperia constitutions ni While the are engam onactua service, an in cam lise Consequently is veterans in to mali a ill aster their discharge, o is soldier actuallyservin wis tora this waydrom camp the must observeste serm prescribe so ali citigens by the generat law ancla testamen execute in cam Without sormalities that is tosay, no according to the orm prescribe by law, wil remainvalidisnt for ne ea aster the testator' discharge. Eupposing the that the testator die withi a mar, ut that a condition subject to hic the et was instituted was notlalfilled within the year, ould itie seigne that in testator Was a soldier at the date os his decease, and the testamenteonsequently herapheld' and this question e ans e in theafirmative. I a man, besore ming on actuat service, mahes 4 an invali Will, and the durin a campiam pens it, and

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testament, it must e pronounce valid a Ming, in faci, 5 a nec illisad by the an a a soldier. Finalty i a soldie is adrogated or Ming a Son in Power, is emancipatω, his protousty executed Wil remain moeshy the fictionis ane χκpressionis his is Mas a stadier, an is no cleemecitote avoidedi his lossis status. It is howeverrio he observe that earlier statutes an imperial constitutions allowe to children in power in certain cases a civi peculium aster in analogno the militar peculium, whic so that reason a calle quasi-milita , and of hic some of the were permitte to dis se , ill even hil unde power B an extensio of this principi our constitution has allowe ali person Who have a peculium ofthis special in to dispos oscit ill though subjectis the ordinar sorm os la . y a perusal of this constitution the whol la relatin to this privilege a be

Certain person are incapable os makin araa ut ili. For instance thos in the power os other are so absolutelyincapable that the cannot mali a testamen even it the permissionis thei parendi, wit the exception os in e whomwe have enumerated an particulari os childre in m er ho are soldiers, and who re permitte is imperia constitution to dispos hy illis at they may acquire While nactua service This Was allowe atraret onlyrio soldier onactive service, by the authorit os the Emperor Augustus and erva, and of the illustrious Emperor Trajam asterWarcis, it Was extende by an enaciment of the Emperor Hadrian to veterans that is soldiers h had received thei discharm. Accordingly, is a son in power mahes a illis his militarypeculium it,ill elong to the person homise institutes asheir: ut sine dies intestate, leavin no childremorirothem sumiuin him it,ill g to the parent in hos powe hecis, accordinito the ordina uule From his it an e unde Stood that a parent has no power o deprive a son in his

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NTLES X XLT. 67po eris,hat he has acquire o service, nor camine parent's creditor sel or themis touch it; and when the parent dies it is notishare between the soldier' son and his brothers, but helong to hi alone, although by the civit a thepeculium os a person in power is always reclione a partos the properi os the parent, exacti a that os a lave is deeme partis the proper i his master exceptis Coursesuin properi os in son a b imperia constitutions andes Ciallyiuriwn the parent is unablerio acquire in absolute omership. Consequently is a son in power, o harin amilitarnor quasi-milita seculium mahes a Will, it is invalid, me though he is rete e seo power besore his decease. Again a person unde in age of pubert is incapable samining a Will, hecause he has no judgment, an sorio is a lunatic causeae has tost his reason and it is immaterialthat the ne reaches the age os puberty, and the ther re- covere his faculties hctore his decease. Is hoWeve a lunaticmahes a Will during a luci intervat, the wili is deemed valid, and one is certaininvalid hic he ad hesore hecios his

reason sor subsequent insanity neve avoltis a duly executed testamen o any the dispositio valid* made. Sorio ara

deas again, and the dum cannot always mali a Wili, thoughhere, are Peahin noti person meret hard of hearing, but os tota deasness, an similari by a dum person is meant ne totali clumb, an notisne ho meret spealis .ith dissicut a sor it osten happens that even me os culture an leam in is ome cause or the lose in sacvlties of spe Mandinea ing. ence relies has been afforde them hyour constitution, hic enabies them in certain cases an incertain modes therein specified, to mahe a will and other lawsul dispositions. Da man, after mahinchis ill hecomes umbo deas through illinealth or annother cause, it remain validnotwiinstandin. Ailino man cannot mali a Will, excepting. observing the orms introduced by a lawis our imperiat lacter Justin. A Mili made is a prisoner hil in captivit wit 5 the enem is invalid even though he subsequently returnS.

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68 BOOK T. One ad however While he was in his o n state is alis, is hereturns, by the law of postliminium is he dies in captivi. it is valid by the lex Cornelia. ΤITLE XIII.

The la homoe is no completet satisfie by the o servanceis in rules herein fore explained A testator, has a son in hisso e must tali care either is institute him heir, o to speciali disinheri him, sor passin him ver in silenc moid the will an inis uteris o strici, that even is the so die in the liktime of the sather no heir caminis underine ill because of iis original nulli . As regamiclauistem an other descendant os liner se by the male line, theanciendi di no observe his ut in ali iis stricinem; sor is these persons ere either institute nor disin rited the will was no auotcled, hut thenwer entitie to come in Withthe institute heira, an to tali a certain portio of the inheritance Anesthes person in ascendant,as no obligedio speciali disinherit he could disinherit them collectiveluis a generat clause. Species disinherison a be expressed in these terms- me Titius myraon disin rited, o in these, me my son disinherited, without inserting the name, uin posing there is nomine son. Children bom aster in m ingo the will must also Misither institute heir o disin rite an in his respect are similarly privileged that i a son orannother samit heir, male or emale homoster the akingos the will be passe ove in silence, the wili, though originalty valid is invalidate by the subsequent hirin os in child, and so hecomes completely void. Consequently, is the womansrom homo hild was expecte have an abortive delivery, there is nothin to prevent the institute heir stomoahingine inheritance. It was immaterial hether emale familyheir bor aster in m in os the wili ere disinherited speciali oris a genera clause, ut is the alter mode beadopted, ome lega must be est them in orcle that theymanno seem to have been passe ove meret through in- advertenc : ut male amit heir bom aster the mahingos the wili sons an other linea descendandi are hel notrio

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thus, is an event analogous to subsequent irin, ecomesamit heim to an ancestor. For instance, is a testator havea son, and by him a grandson or grandoauore in his power, the Son alone, hein neare in clemee, has the right os alamit heir, although in grandchildre are in the testator'spo er equalin in him. ut i the so die in the testator'stisetime, orcis in somemthe way release Dominisso er, thegrinoso an grandoauore succee to his place, and thus,

in in os subsequent hirin, acquire the right os familyheira To prevent this subsequent avo1clance of one' Will, grandchilere is a son must be either institute heir ordisinherit , exacti as, o secure in origina validit os a testament, a son must be either institute or speciali dis-

m aster the akin os a wili. t is no necessary by thera civit law, to either institute ordisinherit emancipaled children, cause the are not amit heirs. ut the praetor requires ali, semales as et a males, unies instituted, to edisinherited males specially, semales collectively an is theyare either appotnte heir no dis1nherite as described the praetor promise them possession o good against the wili. Adopte children, o longis thenare in the power of thei 4 adoptive sather, re in recisely the fame legat position aschildren om in ta sul edloch; consequently the mustbe either institute or disinherited accordin to the rules state so the disinherisonis natura chiloren. When howme the have been emancipate by thei adoptive sather, the areis longe regarde a his hildre eithe by the civit lamor is the praetor' edict. Conversely, in relation tothei natura lacter so longis the remat in the adoptive

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7 BOOK M.fam1ly the are strangere so that he nee netther institutenor disinherit them : ut hen emancipared by thei adoptive sather, the have the fame right in the succession to their natura sather a they ould have had is i ha been he hyxwhom the were emancipared. Such a thema introduced by our predecessore. Deeming, however, that he eerithe sexes, to eacmos,hic nature assigns an equat share iri perpetuatin the racem man there is in his matter no realground os distinction, an marking that by the ancient statute of the welve abies, allisere calle equali to the succession o the eat os thei ancestor intestate whicti precedent the praetor also seem is have subsequently sol-lowed , we have by ur constitution introduce a simplesystem os the fame hind, applying uniforminio sons, clauorem, an other descendants by the male line, hether bom hesoreor aster the mahing of the will This requires that ali children, whether famil heir or emancipaled, hallis speciali dis- inherited an declares that thei pretermission hal have theeffectis avo1ding the willis thei parent, and depriving the instituted heir os the inheritance, nocles than in pretermissionos children who are amit heir o have been emancipaled, whether atready horn or homoster though conceived hesoreth mahing of the will. In respectis adoptive children e have introduce a distinction, hic is explaine in ur con-6 stitutioni adoptions. s. soldieringage on actuat service mahes a testament Wit ut specialty disinheritin his children, whether hom hesorem aster the making of the will but simplypassing them ver in silence though he norus that he has children, it is provide by imperia constitutions that his silent pretermission of them hali e equivalent to special disinherison. A mother o materna grandiatheriis notioundio institute heris his hildren or grandchildren the may

simplWomit them, sor silenc on the par os a mother, orifa maternat grandiather o other ascendant, has the fame effectas actua disinherisonis a sather. Formeithe by the civillaw, no by that par of the praetor' edici in hic hepromise chlidren in are passe ove possession o go sagainst the will, is a mother oblige to disinherit herison ordaughter is in cloes no institute them heirs, o a maternal

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pressinove hi his liberi in the will butio it is lawsul,

Diu constitution to institute one' own lave without his exPrem manumission- change no due to any spirit os innovation, hut to a sense os equity, and ne hos principieWa approve by Atilicinus a is state by aulus in hisbook in asurius Sabinus and on Ρlautius Among

testator' own lavescis to e rectane one of whomo isbare o ner, the sufruct hein veste in ome ther person There is howeverisne case in hic ineranstitution os a flaveis his mistres is void even though Deedom beatven him in the will, as is provide by a const1tutio of theramperora Severus an Antoninus in these term Reason demandsinatio flave, accused os criminal intercourse,it his mistress

shallis capahle of hein manumitted besore his sentenc is pronounced by the wil os the woman who is accused os participatin in his mill accomingi is heis instituita heir is that mistress the institution is void. Among other

mons flaves is rechone one in hom the testator has a sustuci. Is a lave is inst1tute heiri his o n master Iano continues in that condition unti his master's decease he comes by the wil both Dee, an necessar heir. But is the testator himself manumits him in his lilatime, he manufehis own discretion ahout acceptance sorte is nodia necessa heir, ecause, though hecis name hei to the testament, it a no by that testamen that he hecam Dee. Isine hasbeen alienared, he mus have the orderis his new master toaccepi, and then his masteriecomes heir throuo him, hilehe personalin comes either heir o Dee even though his stoedom Was expressi oven him in the testament, cause

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renounced the intentionis enseanchisinthim. When another person' flave is institute heir, is he continues in the fame condition e mus have the orde of his maste to accepi; is alienate by him in the testator' liktime, or aster thetestator' death ut besore acceptance, he mus have theorder of the aliene to accepi finalty is manumitte in thetestator' liktime, or aster the testator' deat but hesore 2 acceptance, he may acceptis notis his own discretion Asiave who cloes no belon to the testator may be instituteri heir even aster his master's decease. cause flaves Wh, longis an inheritanc are capahle of ein institute or madelegatem; sor an inheritanc not et accepte represent notthe suture heir but the person deceased Similarly the flaveos a chil conceived but not et horn may be instituted heir. Is a lave elonging to , o more join o ners, both or allo whom are legalinc able of hein made heimi legat S, is institute heir is a stranger, he acquires the inheritancesor ac an ali os thecioint wnem is hos ordem heaccepi it in proportion to the respective stares in hichthe own him. A testator may institute either a single heir, or a many ache pleases. An inheritance is usualty divide&into tWelveiunces, and is denoted in the aggregate by the term as,and eac stactionos this aggregate ranginesrom the ouncemplo the as Orsound, has ira specific name, a sollows: sextans , , quadrans ἐ),

eve that there hould alway be twelve unces, o so the purposes os testamentar distributio an as may consistis asmany unces a the testator pleases sor instance, is a testator institutes nina single heir, but declares that he is ohe hei ex semisse, o to one hal of the inheritance, his halswil reatly e the whole, sor no ne an die parti testate an partly intestate, excepi soldiers, in the car ing ut os whos wilis the intention is the ninthin regamed. Conversely, a testator a divide his inheritanc into a large a number of ounces sis pie es. Is more heir than oneare instituita, it is unnecessar so the testator to assign