Responsorum libri
Ex libro XVII
The Same, Opinions, Book XVII. Titia threatened to prove the will of her brother Gaius to be forged, but did not comply with the formalities required by the accusation within the time prescribed by the Governor of the province. The latter decided a second time that she could not proceed further with the accusation of a forged will. Titia did not appeal from these decisions, but alleged that, after the time had expired, she could maintain that the will was void. As Titia did not appeal from the decision of the Governor, I ask whether she could afterwards renew the accusation that the will was forged. The answer was that it was not clearly stated for what reason she should be heard, if she instituted proceedings disputing the authority of the decision.
Modestinus, Opinions, Book XVII. Gave it as his opinion that he who is alleged to have received a fugitive slave belonging to another, and to have concealed him, even if he asserts that he is his property, can, by no means, escape the penalty, if he is proved to be guilty.
Modestinus, Opinions, Book XVII. Lucius Titius accused Seius of forgery, and before he prosecuted him, the accusations of all defendants were dismissed by the indulgence of the Emperor. I ask, if the prosecution should not afterwards be resumed whether the accuser would be subject to the penalty of the Turpillian Decree of the Senate. Herennius Modestinus answered that the discharge of defendants, granted by public favor, does not apply to this kind of crime.
The Same, Opinions, Book XVII. Lucius Titius appointed his sister his heir to three-fourths of his estate, and his wife, Mævia, and his father-in-law, his heirs to the remainder. His will was invalidated by the death of a posthumous child, who himself died soon afterwards; and hence the entire estate was acquired by the mother of the said posthumous child. The sister of the testator accused Mævia of having poisoned Lucius Titius. Having failed to prove this, she appealed, and in the meantime, the defendant died, but nevertheless, notices were issued. I ask whether you think that the defendant having died, the appeal could be heard on account of the estate which was acquired. Modestinus answered that, although the accusation was annulled by the death of the defendant, still the Treasury had a right to recover the property, if it could be proved that it had been acquired by crime.