ather to bequeath his whole estate to
strangers,--a thing which Roman fathers had not power to do. The age
when children attained majority among the Romans was twenty-five years.
Women were condemned to the perpetual tutelage of parents, husbands, or
guardians, as it was supposed they never could attain to the age of
reason and experience. The relation of guardian and ward was strictly
observed by the Romans. They made a distinction between the right to
govern a person and the right to manage his estate, although the tutor
or guardian could do both. If the pupil was an infant, the tutor could
act without the intervention of the pupil; if the pupil was above seven
years of age, he was considered to have an imperfect will. The youth
ceased to be a pupil, if a boy, at fourteen; if a girl, at twelve. The
tutor managed the estate of the pupil, but was liable for loss
occasioned by bad management. He could sell movable property when
expedient, but not real estate, without judicial authority. The tutor
named by the father was preferred to all others.

The Institutes of Justinian pass from persons to things, or the law
relating to real rights; in other words, that which pertains to
property. Some things common to all, like air, light, the ocean, and
things sacred, like temples and churches, are not classed as property.

Two things were required for the transfer of property, for it is the
essence of property that the owner of a thing should have the right to
transfer it,--first, the consent of the owner to transfer the thing upon
some just ground; and secondly, the actual delivery of the thing to the
person who is to acquire it. Movables were presumed to be the property
of the possessors, until positive evidence was produced to the contrary.
A prescriptive title to movables was acquired by possession for one
year, and to immovables by possession for two years. Undisturbed
possession for thirty years constituted in general a valid title.

When a Roman died, his heirs succeeded to all his property by hereditary
right. If he left no will, his estate devolved upon his relatives in a
certain order prescribed by law. The power of making a testament only
belonged to citizens above puberty. Children under the paternal power
could not make a will. Males above fourteen and females above twelve,
when not under power, could make wills without the authority of their
guardian; but pupils, lunatics, prisoners of war, criminals, and various
o