Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
I was formerly of opinion, that this was a mere translation from the
Greek; for, Euclio represents an _ærarius_, and what had he to do
with a cury? But it is rather a Roman state of things: some property
has accrued by death to the cury, and this inheritance is divided
_viritim_.[104] In the same manner, the plebeians may have had
gentilician inheritances, which at last fell in to the tribes; if,
however, there was a will, the _exercitus vocatus_, that is to say
the centuries, had to give their consent, because for making a will
auguries had been requisite, which the tribes of the plebeians had
not. A similar system of inheritance still exists to this day in the
island of Fehmern, where there are two clans with Dittmarsch rights
and customs. If any one belonging to them wishes to make his will, he
is obliged to give the cousins a small sum, as compensation for the
money which would properly be due to them. This has been kept up there,
whilst in Dittmarsch it has become quite obsolete, nor have I anywhere
among all the other clans in Germany found any trace of it; from which
circumstance we may see, how of important general rights only a few
scattered relics will oftentimes remain behind.--The curies might, of
course, originally give a negative answer in the case of such a will;
but when it was laid down in the Twelve Tables, _Paterfamilias uti
legassit super pecunia tutelave suæ rei, ita jus esto_, it is clear
that the consent was only _dicis causa_. This ordinance has had an
immense influence on the Roman manners: yet it was necessary, because
the _connubium_ of the two orders had not been permitted. Even the
child of a plebeian by a patrician woman could not inherit by law,
and therefore it was necessary to have a law of inheritance. When
the prohibition of the _connubium_ was afterwards removed, the free
disposition of property was still allowed, and in the later profligate
ages, it gave rise to the most shameful abuse. That in early times
such a tendency was already perceptible, is proved by the _Lex Furia
testamentaria_, which I have good ground for placing about the year 450.
Public-domain text, read in full here on John Shaqi.
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