Book XIX.
Chap. 24, & 25.If we reflect on the Roman laws, we shall find that the spirit of these was conformable to what I have advanced. At the time when the laws of the twelve tables were made, the manners of the Romans were most admirable. The guardianship was given to the nearest relation of the infant, from a consideration that he ought to have the trouble of the tutelage, who might enjoy the advantage of possessing the inheritance. They did not imagine the life of the heir in danger, though it was put into a person's hands who would reap advantage by his death. But when the manners of Rome were changed, its legislators changed their conduct. If in the pupillary substitution, say Caius[1] and Juilinian[2], the testator is afraid, that the substitute will lay any snares for the pupil, he may leave the vulgar[3] substitution open, and put the pupillary into a part of the testament, which cannot be opened till after a certain time. These fears and precautions were unknown to the primitive Romans.
CHAP. XXV.
The same Subject continued.
THE Roman law gave the liberty of making presents before marriage; after the marriage they Were not allowed. This was founded on the manners of the Romans, who were led to marriage, only by frugality, simplicity, and modesty; but who might suffer themselves to be
- ↑ Institut. Lib. 2. tit. 6. §. 2. Ozel's compilement, at Leyden, in 1658.
- ↑ Institut. 1. 2. de pupil. subsit. §. 3.
- ↑ The form of the vulgar substitution ran thus; If such a one is unwilling to take the inheritance, I substitute in his stead, &c. the pupillary substitution; If such a one dies before hr arrives at the age of puberty, I substitute, &c.
