Roman Antiquities, and Ancient Mythology: For Classical Schools (2nd ed) — John Shaqi
Roman Antiquities, and Ancient Mythology: For Classical Schools (2nd ed)Dillaway, Charles K. (Charles Knapp)
History
Roman Antiquities, and Ancient Mythology: For Classical Schools (2nd ed)
Dillaway, Charles K. (Charles Knapp)
Mythology, Classical; Rome -- Antiquities
Each clan and family had certain sacred rights, peculiar to itself,
which were inherited in the same manner as effects. When heirs by the
father's side of the same family failed, those of the same gens
succeeded in preference to relations by the mother's side of the same
family. No one could pass from a Patrician family to a Plebeian, or from
a Plebeian to a Patrician, unless by that form of adoption which could
only be made at the _comitia curiata_.
No Roman citizen could marry a slave, barbarian or foreigner, unless by
the permission of the people.
A father among the Romans had the power of life and death over his
children. He could not 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
_familiæ 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 _familiæ
mancipatio_.
Sometimes the testator wrote his will wholly with his own hand, in which
case it was called _hologrăphum_--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 Cæsar is said to have
intrusted his testament to the oldest of the vestal virgins.
Public-domain text, read in full here on John Shaqi.
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