History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
equal succession of independent matrons supported their pride and
luxury, and might transport into a foreign house the riches of
their fathers. While the maxims of Cato were revered, they tended to
perpetuate in each family a just and virtuous mediocrity: till female
blandishments insensibly triumphed; and every salutary restraint was
lost in the dissolute greatness of the republic. The rigor of the
decemvirs was tempered by the equity of the prÊtors. Their edicts
restored and emancipated posthumous children to the rights of nature;
and upon the failure of the _agnats_, they preferred the blood of the
_cognats_ to the name of the gentiles whose title and character were
insensibly covered with oblivion. The reciprocal inheritance of mothers
and sons was established in the Tertullian and Orphitian decrees by the
humanity of the senate. A new and more impartial order was introduced by
the Novels of Justinian, who affected to revive the jurisprudence of
the Twelve Tables. The lines of masculine and female kindred were
confounded: the descending, ascending, and collateral series was
accurately defined; and each degree, according tot he proximity of blood
and affection, succeeded to the vacant possessions of a Roman citizen.
The order of succession is regulated by nature, or at least by the
general and permanent reason of the lawgiver: but this order is
frequently violated by the arbitrary and partial _wills_, which prolong
the dominion of the testator beyond the grave. In the simple state
of society, this last use or abuse of the right of property is seldom
indulged: it was introduced at Athens by the laws of Solon; and the
private testaments of the father of a family are authorized by the
Twelve Tables. Before the time of the decemvirs, a Roman citizen exposed
his wishes and motives to the assembly of the thirty curiÊ or parishes,
and the general law of inheritance was suspended by an occasional act
of the legislature. After the permission of the decemvirs, each private
lawgiver promulgated his verbal or written testament in the presence of
five citizens, who represented the five classes of the Roman people; a
sixth witness attested their concurrence; a seventh weighed the copper
money, which was paid by an imaginary purchaser; and the estate was
emancipated by a fictitious sale and immediate release. This singular
ceremony, which excited the wonder of the Greeks, was still practised in
the age of Severus; but the prÊtors had already approved a more simple
testament, for which they required the seals and signatures of seven
witnesses, free from all legal exception, and purposely summoned for the
execution of that important act. A domestic monarch, who reigned
over the lives and fortunes of his children, might distribute their
respective shares according to the degrees of their merit or his
affection; his arbitrary displeasure chastised an unworthy son by the
loss of his inheritance, and the mortifying preference of a stranger.
Public-domain text, read in full here on John Shaqi.
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