FREE BOOKS

Author's List




PREV.   NEXT  
|<   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39  
40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   >>   >|  
ot only expose them when infants, but when grown up he might imprison, scourge, send them bound to work in the country, and also put them to death by any punishment he pleased. A son could acquire no property but with his father's consent, and what he thus acquired was called his _peculium_ as of a slave. Things with respect to property among the Romans were variously divided. Some were said to be of divine right, and were held sacred, as altars, temples, or any thing publicly consecrated to the gods, by the authority of the Pontiffs; or religious, as sepulchres--or inviolable, as the walls and gates of a city. Others were said to be of human right, and called profane. These were either public and common, as the air, running water, the sea and its shores; or private, which might be the property of individuals. None but a Roman citizen could make a will, or be witnesses to a testament, or inherit any thing by it. The usual method of making a will after the laws of the twelve tables were enacted, was by brass and balance, as it was called. In the presence of five witnesses, a weigher and witness, the testator by an imaginary sale disposed of his family and property to one who was called _familiae emptor_, who was not the heir as some have thought, but only admitted for the sake of form, that the testator might seem to have alienated his effects in his life time. This act was called _familiae mancipatio_. Sometimes the testator wrote his will wholly with his own hand, in which case it was called _hologr{)a}phum_--sometimes it was written by a friend, or by others. Thus the testament of Augustus was written partly by himself, and partly by two of his freedmen. Testaments were always subscribed by the testator, and usually by the witnesses, and sealed with their seals or rings. They were likewise tied with a thread drawn thrice through holes and sealed; like all other civil deeds, they were always written in Latin. A legacy expressed in Greek was not valid. They were deposited either privately in the hands of a friend, or in a temple with the keeper of it. Thus Julius Caesar is said to have intrusted his testament to the oldest of the vestal virgins. A father might leave whom he pleased as guardian to his children;--but if he died, this charge devolved by law on the nearest relation by the father's side. When there was no guardian by testament, nor a legal one, the praetor and the majority of the tribunes
PREV.   NEXT  
|<   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39  
40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   >>   >|  



Top keywords:

called

 

testator

 

testament

 

property

 

father

 

written

 

witnesses

 

partly

 

guardian

 
friend

pleased
 

sealed

 

familiae

 
subscribed
 

freedmen

 

Testaments

 
Augustus
 

alienated

 
effects
 

hologr


mancipatio
 

Sometimes

 

wholly

 

children

 

virgins

 

majority

 

intrusted

 

oldest

 

vestal

 

praetor


relation

 

nearest

 

charge

 
devolved
 

Caesar

 

tribunes

 

thread

 
thrice
 

legacy

 
temple

keeper
 
Julius
 

privately

 

deposited

 

expressed

 

admitted

 

likewise

 

enacted

 
divine
 

sacred