Roman Law
The passages below are excerpts from Roman legal sources. For each passage below:
1) Date the source and say something about its nature, importance and any issues in using it. You can make use of cross-references
between questions to the extent that sources overlap.
2) Identify the legal doctrines or concepts which arise in the passage and
3) provide some commentary from a legal, legal-historical or socio-historical perspective on the passage and the doctrines contained
therein. You should feel free to link and/or contrast with other Roman legal doctrines, concepts of issues.
4) Please refer to Borkowski’s Textbook on Roman law by Paul du Plessis among other sources.
Passage A
However, when he loses citizenship, who on account of some crime is deported to an island, it follows that, because in that way he is
removed from the number of Roman citizens, in like manner as if he had died his children cease to be in his potestas. For like reason
also if someone, who is in the potestas of his father, should be deported to an island, he ceases to be in the potestas of his father.
But if they should be restored by the indulgence of the emperor, they regain their original status in every way. Those fathers who have
been relegated, however, retain their children in their own potestas and on the other hand, the children of a relegated man remain in
their own father’s potestas. (Justinian, Institutes, 1.12.1-2).
Passage B
Antonius Silvanus, trooper of the 1st Mauretanian squadron of Thracians, prefect’s batman, troop of Valerius made his will. Of all my
property, military and civilian, let M. Antonius Satrianus be my sole heir. Let all others be disinherited. And let him formally accept
my inheritance within the first 100 days; if he has not accepted let him be disinherited and then in the second grade let Antonius, my
brother, be my heir and formally accept my inheritance within the next 60 days. To him I give a legacy, if he does not become my heir,
750 denarii. As agent for my military property, to get my assets and hand them over to Antonia Thermutha the mother of my heir
aforementioned, I appoint Hierax the son of Behex, corporal of the same squadron, troop of Aebutius; and she is to hold the property
until my son and heir becomes free of guardianship and receives it from her. To Hierax I give as legacy 50 silver denarii. To Antonia
Thermutha, mother of my heir aforementioned, I give as legacy 500 silver denarii. To my commanding officer I give as legacy 50 silver
denarii. As to my slave Cronio after my death, if he shall have dealt correctly with everything and handed all to my heir
aforementioned or to my agent, I wish him to be free, and I wish the 5% tax on him to be paid out of my estate. (Crook, Law and Life,
131-132; original FIRA III no. 47).
Passage C
The praetorian law (ius honorarium) is that which in the public interest the praetors have introduced in aid or supplementation or
correction of the ius civile (Dig. 1.1.7.1 (Papinian))
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