ther persons were incapable of making a testament. The testator could
divide his property among his heirs in such proportions as he saw fit;
but if there was no distribution, all the heirs participated equally. A
man could disinherit either of his children by declaring his intentions
in his will, but only for grave reasons,--such as grievously injuring
his person or character or feelings, or attempting his life. No will was
effectual unless one or more persons were appointed heirs to represent
the deceased. Wills were required to be signed by the testator, or some
person for him, in the presence of seven witnesses who were Roman
citizens. If a will was made by a parent for distributing his property
solely among his children, no witnesses were required; and the ordinary
formalities were dispensed with among soldiers in actual service, and
during the prevalence of pestilence. The testament was opened in the
presence of the witnesses, or a majority of them; and after they had
acknowledged their seals a copy was made, and the original was deposited
in the public archives.

According to the Twelve Tables, the powers of a testator in disposing
of his property were unlimited; but in process of time, laws were
enacted to restrain immoderate or unnatural bequests. By the Falcidian
law, in the time of Augustus, no one could leave in legacies more than
three fourths of his estate, so that the heirs could inherit at least
one fourth. Again, a law was passed by which the descendants were
entitled to one third of the succession, and to one half if there were
more than four. In France, if a man die leaving one lawful child, he can
dispose of only half his estate by will; if he leaves two children, he
can dispose only of one third; if he leaves three or more children, then
he can dispose by will of only one fourth of his estate. In England, a
man can disinherit both his wife and children. These, and many other
matters,--bequests in trust, succession of men dying intestate, heirs at
law, etc.,--were regulated by the Romans in ways on which our modern
legislators have improved little or none.

In the matter of contracts the Roman law was especially comprehensive,
and the laws of France and Scotland are substantially based upon the
Roman system. The Institutes of Gaius and Justinian distinguish four
sorts of obligations,--_aut re, aut verbis, aut literis, aut consensu_.
Gibbon, in his learned chapter, prefers to consider the specific
obl