2 if disinherited, they did not avail to bar the patron. At a still
later period the lex Papia Poppaea augmented the rights of patrons
who had more wealthy freedmen. By this it was enacted that, whenever
a freedman left property amounting in value to a hundred thousand
sesterces and upwards, and not so many as three children, the patron,
whether he died testate or intestate, should be entitled to a portion
equal to that of a single child. Accordingly, if the freedman left
a single son or daughter as heir, the patron could claim half the
property, exactly as if he had died without leaving any children: if he
left two children as heirs, the patron could claim a third: if he left
three, the patron was excluded altogether.
3 In our constitution, however, which we have drawn up in a convenient
form and in the Greek language, so as to be known by all, we have
established the following rules for application to such cases. If the
freedman or freedwoman is less than a 'centenarius', that is, has
a fortune of less than a hundred aurei (which we have reckoned as
equivalent to the sum of a hundred thousand sesterces fixed by the lex
Papia), the patron shall have no right to any share in the succession
if they make a will; while, if they die intestate without leaving any
children, we have retained unimpaired the rights conferred on the patron
by the Twelve Tables. If they are possessed of more than a hundred
aurei, and leave a descendant or descendants of either sex and any
degree to take the inheritance civil or praetorian, we have given to
such child or children the succession to their parents, to the exclusion
of every patron and his issue. If, however, they leave no children, and
die intestate, we have called the patron or patroness to their whole
inheritance: while if they make a will, passing over their patron or
patroness, and leaving no children, or having disinherited such as they
have, or (supposing them to be mothers or maternal grandfathers) having
passed them over without leaving them the right to impeach the testament
as unduteous, then, under our constitution, the patron shall succeed,
by possession against the will, not, as before, to onehalf of the
freedman's estate, but to onethird, or, if the freedman or freedwoman
has left him less than this third in his or her will, to so much as will
make up the difference. But this third shall be free from all charges,
even from legacies or trust bequests in favour of the children of
the freedman or freedwoman, all of which are to fall on the patron's
coheirs. In the same constitution we have gathered together the rules
applying to many other cases, which we deemed necessary for the
complete settlement of this branch of law: for instance, a title to the
succession of freedmen is conferred not only on patrons and patronesses,
but on their children and collateral relatives to the fifth degree: all
of which may be ascertained by reference to the constitution itself. If,
Public-domain text, read in full here on John Shaqi.
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