Iuris epitomatorum libri
Ex libro V
Hermogenianus, Epitomes of Law, Book V. Where a betrothed woman gives a dowry, and does not marry, or where a girl, in order to become a wife, gives it before she reaches the age of twelve years; it is held that the privilege which applies to personal actions should, by way of favor, as in the case of a regular dowry, be extended to include a personal action for recovery.
Hermogenianus, Epitomes of Law, Book V. Not only is the privilege of guardianship granted in favor of a ward against the property of a guardian, but also against that of one who has acted in his stead, as well as in the case of the curatorship of a male or female ward, or an insane man or woman, where security has not been furnished on this account.
Hermogenianus, Epitomes, Book V. Neither the Governors of provinces, the agents of municipalities, nor assemblies of the people are permitted to impose taxes, or to modify, add to, or diminish those already imposed, without the authority of the Emperor. 1Where farmers of the revenue have not paid what they owe to the Treasury, they cannot be discharged, even if the terms of their leases have expired; but interest can be collected from them when they are in default.
Hermogenianus, Epitomes of Law, Book V. Where a minor of twenty years of age permits himself to be sold under an agreement to share his price, he cannot, after his manumission, demand that he be declared freeborn.
Hermogenianus, Epitomes of Law, Book V. It is only permitted, under the pretext of collusion, to review a judgment rendered with reference to the right of free birth but once. 1Where several persons appear at the same time for the purpose of proving the collusion, when proper cause is shown, a decision must be rendered after taking into account the morals and the ages of all the parties concerned; and especially should it be ascertained which one of them has the greatest interest in exposing the collusion.
Hermogenianus, Epitomes of Law, Book V. Neither possession nor ownership, nor anything else whatsoever, can be acquired through the use of my property by one whom I have been induced to erroneously consider my son under my control. 1Possession can be acquired for us by a runaway slave, if he has not been taken possession of by another, and does not think that he is free.
Hermogenianus, Epitomes of Law, Book V. Property which has been received in payment is subject to usucaption where it has been obtained in the discharge of a debt. Not only what is due, but also whatever is given in discharge of the debt is subject to usucaption.
Hermogenianus, Epitomes of Law, Book V. A person to whom a legacy has been legally bequeathed acquires property by usucaption, as a legatee. If, however, it has not been left in conformity to law, or the legacy has been taken away, it has been decided, after much controversy, that the property can be acquired by usucaption on account of the legacy.
Hermogenianus, Epitomes, Book V. So far as injuries are concerned, it is customary at present to pass sentence arbitrarily, according to the circumstances and the person. Slaves who have been scourged are restored to their masters; freemen of inferior ranks are whipped with rods; and others are punished either with temporary exile, or by the interdiction of certain property.
Hermogenianus, The Law, Book V. The Divine Severus decided that the property of freedmen who have been convicted of the crime of lese majesty shall be preserved for their children, and shall be confiscated to the Treasury if no child of the convicted person should appear.
Hermogenianus, Epitomes of Law, Book VI. The pecuniary penalty prescribed by the Favian Law has now ceased to be imposed; for those who are convicted of this crime are punished in proportion to its gravity, and are usually sentenced to the mines.
The Same, Epitomes of Laiv, Book V. Where a guardian takes an appeal in a matter concerning his ward, or a curator does so in the case of an adult, he can prosecute the appeal before the heir of either renders his accounts; for after the accounts have been rendered, neither the guardian nor the curator will be compelled to sustain the merits of the appeal.
Hermogenianus, Epitomes of Law, Book V. When a guardian or a curator is retained in office, and appeals, and dies before a decision has been rendered, his successors will be required to state the grounds of appeal, on account of the responsibility attaching to the intermediate time.