Papinianus, Opinions, Book IV. When the daughter of a Senator marries a freeman, the condition of her father does not make her a wife; since, on the other hand, where her father had been expelled from the Senate, his children should not be deprived of the rank which they have obtained.

Papinianus, Opinions, Book IV. When an Imperial Deputy dies, his attendants have a right to their salaries for the balance of the time for which they were appointed by the Deputy; provided they do not act as the attendants of others during that time. The case is different where the Deputy retired in favor of a successor before his term of office had expired.

Papinianus, Opinions, Book IV. There is no ground for an action for the return of a slave where one has been purchased for a good consideration, and runs away, if he had not done so previously.

Papinianus, Opinions, Book IV. A man cannot marry the former wife of his stepson, nor can a woman marry a man who was formerly the husband of her stepdaughter.

Papinianus, Opinions, Book IV. Where a general commission has been given to a man by someone to seek a husband for his daughter, this is not sufficient ground for the conclusion of a marriage. Therefore it is necessary that the person selected should be introduced to the father, and that he should consent to the marriage, in order for it to be legally contracted. 1Where a man has accused his wife of adultery in accordance with his right as a husband, he is not forbidden, after the annulment of the marriage, to marry again. If, however, he does not accuse his wife as her husband, it will be held that the marriage which has been contracted will remain valid. 2Marriage can be contracted between stepchildren, even though they have a common brother, the issue of the new marriage of their parents. 3Where the daughter of a Senator marries a freedman, this unfortunate act of her father does not render her a wife, for children should not be deprived of their rank on account of an offence of their parent.

The Same, Opinions, Book IV. Although the father was willing that the marriage of their daughter should be left entirely to the judgment of the mother, she will not be permitted to select the guardian; for the father is not presumed to have the appointment of a guardian in mind; since he especially deferred to the wishes of the mother in order to prevent her giving the daughter in marriage. 1There is impropriety in a woman marrying the freedman of her husband and patron. 2Where a guardian renders his accounts to a curator, he cannot marry his ward before the time appointed by law; not even if, in the meanwhile, she has become a mother through having contracted another marriage.

Papinianus, Opinions, Book IV. Where no divorce, but only a quarrel occurs, a dowry of the same marriage will continue to exist.

The Same, Opinions, Book IV. Where a woman, after a divorce, with the knowledge of her husband, promises as dowry lands of which she has been in possession for a long time, it is held to have been tacitly agreed that the dowry which has been promised shall not be claimed; and if the husband should bring suit for it, he can be barred by an exception on the ground of contract pleaded by the wife. 1Where a woman gave money due to her from Seius, together with the interest to accrue in the future, as dowry that has been promised, it is reasonable that any interest which may have accrued after the marriage should also form a portion of the dowry. 2It was decided, where it had been stipulated after a divorce, that the money constituting the dowry with the interest should not be paid after the date of the second marriage, because only the payment of the principal could be collected; that the interest for the intermediate time would be due. 3Where a woman was married during the absence of her husband, and conducted to his house, and in the meantime incurred no expense chargeable to the property of her husband, the latter cannot honorably demand interest on the dowry which was promised to reimburse him for the support of his wife. 4Ad Dig. 23,3,69,4ROHGE, Bd. 16 (1875), Nr. 109, S. 427, 430: Vervollständigung absichtlich unvollständiger Vereinbarung. Arbitrium boni viri. Taxation des Geschäftsantheils eines ausgetretenen Gesellschafters.A son-in-law stipulated with his father-in-law for a dowry to be paid upon a certain day in accordance with the wishes of the latter, without having mentioned the property, or the amount of the same. It is established that the stipulation would be valid, without considering the wishes of the father-in-law; nor should the case be held to be similar to the one where a tract of land is not mentioned, and it is held that a bequest, or a stipulation of said land is void; as a great difference exists between the manner of constituting a dowry, and the uncertainty of the property to which it has reference, for the amount of the dowry can always be established in accordance with the resources of the father and the rank of the husband. 5Where a girl is formally contracted in marriage to the son of her guardian, with the consent of her father; a dowry can legally be constituted by the guardian in proportion to the wealth of the former, and the rank and birth of the girl. 6Where a dowry has been legally promised in behalf of a freedwoman by her patroness, the latter cannot retain the same if the freedwoman should prove ungrateful. 7Where a marriage is dissolved, and property which has been appraised and given by way of dowry is to be returned, the amount must be stated, but a sale is not contracted. Therefore, where the property is evicted, if the woman gave it in good faith, her husband will have no right of action; otherwise, she will be liable for fraud. 8Where property has been appraised and delivered by way of dowry, even though the woman may continue to use it, the ownership will be held to have passed to the husband. 9It is proper that the offspring of female slaves, given as dowry, should be considered a portion of the same; and therefore an agreement with the husband that the said offspring shall be held in common by him and his wife is void.

Papinianus, Opinions, Book IV. It was agreed between a father-in-law and his son-in-law that if the daughter should die leaving a child one year old, the dowry would belong to her husband, but if the child should die during the lifetime of its mother, the husband could retain only a portion of the dowry where the wife died during marriage. The woman lost her life by shipwreck at the same time as her child, who was one year old. For the reason that it appeared probable that the child died before its mother, it was decided that the husband could retain a portion of the dowry. 1A husband can retain a dowry granted to a daughter by an agreement, and if he should fail to do so through mistake, the daughter, who is the sole heir to her father and an heir to a part of her mother’s property, can, it is not wrongly held, assert a preferred claim to the dowry improperly paid by her father, in case of the partition of her mother’s estate. 2Where it is agreed between a father and a son-in-law that the dowry shall be returned to the father, in case the daughter should die during marriage without leaving any children, it must be understood to have been agreed between the parties that if the daughter should die leaving children, the dowry shall be retained, and that no portion of the same shall be separated from it on account of any addition which has been made thereto, if no agreement to the contrary was made. 3It was agreed that a wife should be transported at the expense of her husband wherever she went, and therefore in strict pursuance of this agreement the woman followed her husband, and sought him in the province where he was serving as centurion. If the husband did not keep the agreement, although a direct action would not lie, still an equitable action in factum should be granted. 4Where a daughter, who was promising a dowry for herself, inserted in the contract that if she should die during marriage without leaving any children, her dowry should be paid to her mother; this agreement of her daughter confers no right of action upon the mother. Still, if the heir of the daughter should pay the money composing the dowry, and the husband should bring suit for it, an exception can be pleaded against him for claiming the dowry in violation of his own agreement. 5A father stipulated for the dowry to be given to him, if his daughter should die during marriage. While the marriage was still in existence, the father was convicted of a capital crime. The condition of the stipulation would not take effect if a divorce took place, or the marriage was dissolved by the death of the husband. If, however, the woman should die during marriage, the right to an action on dowry arising from the stipulation would be acquired by the Treasury. But if the parties should be remarried after a divorce, the stipulation would not become operative for the benefit of the Treasury, even though the daughter died during the second marriage, as it had reference to the first marriage.

The Same, Opinions, Book IV. It is settled that a father-in-law cannot make a donation to either his son-in-law or his daughter-in-law mortis causa, because if the father-in-law should die, the marriage will not be dissolved; nor does it make any difference whether the father disinherited his son or his daughter, or not. In case of divorce the rule is different for the same reason. 1A woman made use of property which had been given by way of dowry, after it had been appraised with the consent of her husband. If the said property becomes deteriorated by use, a set-off of the damage will not be permitted. Nor can the woman maintain that the property has been, as it were, left to her under the terms of the will, by which bequests were made to her by her husband; since an assumption of this kind does not seem to have given her, or deprived her of the said property.

The Same, Opinions, Book IV. Where a father who has given a dowry for his daughter is banished to an island, an action for its recovery can be brought by the daughter. Moreover, if the father has been convicted after a divorce has taken place, the action on dowry can also be brought by the woman, where the father has not already brought it with her consent. 1It is held that the crops of land given by way of dowry and gathered in good faith, and which have been used to pay the expenses of marriage, before the question as to the freedom of the wife has been raised, even though it should afterwards be established that she was a slave, cannot be recovered. It is proper that expenses which are necessary and useful, and which have been incurred with reference to land which appeared to belong to the dowry, should be set off against the profits, and that anything in excess should be restored. 2Where a father, after the death of his daughter during marriage, brings an action under a stipulation, to collect the interest on money which has been paid by way of dowry, it is held that his son-in-law, who stipulated for the interest on the remaining part of the dowry, can justly claim a set off against the amount which is due, if he supported his wife at his own expense; otherwise, if she was supported by her father, the stipulation for the interest, being void, will not secure to the son-in-law the benefit of the set-off. 3If, after a divorce, the wife returns to her husband, the judgment obtained on a stipulation which a stranger who gave the dowry entered into will not be annulled, nor can a release be ordered by the court.

Papinianus, Opinions, Book IV. The action for property wrongfully appropriated does not differ from that in which the woman is accused of the crime of adultery.

Papinianus, Opinions, Book IV. In accordance with our laws, the guardianship of their common children cannot be left to the mother by the father’s will, and if the Governor of the province, through ignorance, should decide that the will of the father shall be carried out, his successor cannot properly adopt his decision which is not permitted by our laws. 1A guardian is not considered to be an honorary one that the father appointed for the purpose of receiving accounts from other guardians, whom he directed to transact the business of his children. 2Where a son, who is disinherited, was provided with a guardian by the last will of his father, and desires to institute proceedings against the will as inofficious, the appointment of the guardian must be confirmed by the Prætor; and the result of the action will establish whether he received his authority from the will of the father, or from the decree of the Prætor.

Papinianus, Opinions, Book IV. Where a testamentary guardian is unwilling to undertake the duties of the office, and gives reasons for which he should be excused, he shall be deprived of any legacies which may been bequeathed to his children by the will; provided the latter have deserved these legacies not through special affection, but for the sake of their father. 1When a slave has been manumitted under the terms of a trust, he cannot legally be appointed a guardian by will. Hence, after his freedom has been granted him, he may be called to the guardianship in accordance with the desire of the testator. 2A patron cannot appoint a guardian for his freedman by will, but the Prætor can carry out his wishes if, after examination, he finds the character of the appointee to be suitable.

Papinianus, Opinions, Book IV. If his mother-in-law is dead, a son-in-law can be prosecuted for incest with her, just as an adulterer can be prosecuted after the death of the woman.