by blood or through adoption on
male side only; cognates (_cognati_) are blood-relatives on either
male or female side. The family of the _ius civile_ is the agnatic
family; the family of the _ius gentium_ is the cognatic family.
[19] Beside a guardian (_tutor_) for a child of certain age (sixth
statute of this Table; cf. p. 7, n. 21) there is provided also a
guardian (_custos_, later _curator_) for a lunatic and for a prodigal
(seventh statute of this Table).
[20] Clansmen (_gentiles_) are persons all belonging to the same clan
(_gens_) as the deceased and of course include agnates, when these
exist.
[21] Boys between the ages of 7 and 15, girls between the ages of 7
and 13, women neither under paternal power (_patria potestas_) nor
under marital control (_in manu mariti_).
[22] Another version of this provision reads thus: "Debts bequeathed
by inheritance shall be divided by automatic liability (_ipso iure_)
proportionally [among the heirs], after the details shall have been
investigated."
[23] That is, the judicial division of an estate by a _iudex_ among
the disagreeing coheirs.
[24] That is, double the proportionate part of the price or of the
things transferred.
[25] This statute is set in Table I by some scholars.
[26] This probably means that a foreigner resident in Roman territory
never can obtain rights over any property simply by long possession
(_usu-capio_) thereof; but the meaning of _auctoritas_ in this clause
is disputed. At any rate _usucapio_ is peculiar to Roman citizens.
This provision sometimes is placed in Table III by scholars.
[27] This is an exclusively patrician type of wedding, wherein is made
a mutual offering of bread in the presence of a priest and ten
witnesses.
[28] This type of wedlock, used originally by plebeians, is a
fictitious sale, by which a woman is freed from either _patria
potestas_ or _tutela_. It comes perhaps from the primitive custom of
bride-purchase.
[29] This method explains how a wife can remain married to a husband
without remaining in his _manus_ (rights of possession). If the _usus_
be interrupted, the time of the _usus_ must begin afresh, because the
previous possession (_usus_) is considered as cancelled.
[30] Apparently _tignum_, as "timber" in English covers material for
construction, includes every kind of material used in buildings and in
vine-yards.
[31] This strip is reserved as a path between any two estates
belonging to dif
|