Regularum libri
Ex libro singulari
Paulus, Rules. Those who act in behalf of the Treasury are not prohibited from acting for their children, their parents, or their wards, of whose guardianship they have charge, even though the case may be in opposition to the Treasury. Decurions are also forbidden to conduct causes against their own municipal towns, except for such persons as have been previously mentioned.
Ex libro I
Ex libro II
Paulus, Rules, Book II. Where a slave manumitted by the will of his master is not aware that the latter is dead, and that the heir has entered upon his estate, he cannot execute a will, even though he may already be the father of a family, and his own master; for he who is uncertain as to his own condition cannot make an absolute testamentary disposition of property.
Paulus, Rules, Book II. Where a slave is appointed heir to a portion of an estate, and his co-heir has not yet entered upon the estate, he becomes free and a necessary heir, because he does not receive his freedom from his coheir, but from himself; unless his appointment was made as follows: “When anyone becomes my heir, let Stichus be free and be my heir.”
Ex libro III
Paulus, Rules, Book III. Where the same property is left to several persons, or it is left to all conjointly; and one brings suit to recover it, and another brings an action for the same purpose under the will, he who founds his action on the will cannot recover any more than his share of the legacy. If it should be left to each person separately, and it is perfectly evident that the testator intended, by depriving the first legatee of the bequest, to confer it upon the second; it is established that the last legatee will be entitled to all of it. If, however, this does not plainly appear, all the legatees will be entitled to equal shares of the bequest; unless, indeed, the testator himself manifestly indicated by his language that he intended one of them to receive the entire property, for then the value of the article should be given to one of them, and the article itself to the other. And he who first joined issue with reference to the legacy, or the trust, shall have the right to choose which he will prefer, the property itself, or the value of the same; still, after having chosen one he will not be permitted to abandon it, and select the other.
Paulus, Rules, Book III. A bequest can be made to a town for the purpose of honoring or ornamenting it. In order to ornament it, for instance, where a legacy has been left for the purpose of building a forum, a theatre, or a racecourse; to honor it, for example, where the bequest was made to provide for the compensation of gladiators, comic actors, and participants in the games of the circus, or where it was made to be divided among the citizens, or to meet the expense of banquets. And further, whatever is left for the support of persons who are infirm through age, such as old men, or boys and girls, it is held to have been done for the honor of the town. 1“Let Lucius Titius and Gaius Seius be charged with the payment of ten aurei to Publius Mævius.” Gaius Seius did not present himself as heir. Sabinus says that Titius alone will owe the entire legacy, for Seius is considered not to have been included in the bequest. This opinion is correct, that is to say, Titius will be liable for the entire ten aurei. 2Where a tract of land has been devised to someone under the following condition, “If he should pay a hundred aurei to my heir,” and if the land should only be worth as much as the legatee is ordered to pay to the heir, he cannot be compelled to execute the trust with which he was charged, since he is not considered to have acquired anything by the will where he must pay out as much as he received.
Ex libro IV
Ex libro VI
Paulus, Rules, Book VI. If I give money to a woman in order that she may pay my creditor, or she promises to pay the debt; Pomponius states that where she makes such a promise the Decree of the Senate will not be available, because she has rendered herself liable to an action on mandate, and is held to have bound herself with reference to her own affairs.
Paulus, Rules, Book VI. A decree of the Senate was enacted concerning the property of those who, as slaves or as freedmen, have acquired the status of freeborn persons. With reference to those who were formerly in a state of slavery, it permits them only to take with them what they conveyed into the houses of their alleged masters, and to those who, after their manumission, desired to recover their original rights. This also was conceded, namely, that whatever they had acquired after their manumission (but not anything obtained through the agency of the person who set them free), they could take with them; and that they must leave all other property with him from whose household they departed.