Tertullianus, On the Castrense Peculium. The same rule applies where the head of a household, while a soldier, only disposes of his peculium castrense by will, and subsequently gives himself to be arrogated. If, however, he should do this after having been already discharged, his testament will not be valid.

Tertyllianus, On the Castrense Peculium. Where a son under paternal control, while in the army, makes a will according to military custom, and subsequently, after the death of his father, a posthumous child is born to him, his will is broken. If, however, he is still of the same mind, and wishes the said will to continue to be valid, he can render it so, just as if he had made another; provided he was serving as a soldier up to the time when the posthumous child was born. 1Where, however, a son under paternal control, who is serving as a soldier, makes a will, and then afterwards, during his lifetime, and during that of his grandfather, a posthumous child is born to him, his will will not be broken, because the said child will not come under his control, and is not held to be born a proper heir. Nor indeed, can this posthumous grandchild, since it was born during the lifetime of the son, become at once a proper heir to its grandfather, and therefore the will of the grandfather is not broken; as, although it at once comes under the control of its grandfather, the son will, nevertheless, be entitled to priority. 2It follows that if a son under paternal control makes a will while serving as a soldier, and through mistake, and not because he wished to disinherit him, omits to mention a posthumous child; and if the said posthumous child should be born after the death of his grandfather, but during the lifetime of the son, that is to say his own father, his testament will certainly be broken. If, however, it should be born after its father has become a civilian, the validity of the testament which has been broken will not be restored. But if it should be born while its father is still in the army, then, if the latter should desire the will to be valid, it will become so, just as if it had been executed a second time. 3If, however, a posthumous child should be born during the lifetime of its grandfather, this will not at once break the will of the father, but only where it survives its grandfather, while its father is still living, as it now for the first time becomes the heir of the latter. For this is the case because it never can break two wills at once, that is to say, those of its father and its grandfather.

Tertullianus, On Castrense Peculium. A soldier should be especially entitled to any articles which he took with him into camp with the consent of his father. 1The son has always, even against the will of his father, the right of action and recovery of the property constituting his castrense peculium. 2If the head of a household, during the term of his military service, and after his discharge, should offer himself to be arrogated, let us see if he should not be understood to have the free administration of any property which he acquired in camp before his arrogation, although the Imperial Constitutions only mention those who, as sons under paternal control, served from the time when they entered the army. This rule should be adopted.

Tertullianus, Questions, Book I. Therefore, for the reason that it is the custom to interpret recent laws by former ones, it ought always to be understood that the principles of the laws are applicable to such persons or things as may at any time be of a similar character.

Tertullianus, Questions, Book I. If I possess property, and afterwards lease it, do I lose possession? It makes a great deal of difference as to what the intention of the testator was in this case. First, it is important to ascertain whether I know that I am in possession, or am ignorant of the fact; and whether I lease the property as my own, or as belonging to someone else, and, knowing it to be mine, whether I lease it with reference to the ownership, or merely to obtain possession. For if you are in possession of my property, and I purchase the possession of the same from you, or enter into a stipulation with reference thereto, both the purchase and the stipulation will be valid; and the result is that there will be both a precarious title and a lease, if there was an express intention of only leasing possession, or an intention of claiming it by a precarious title.