Gaius, On the Provincial Edict, Book VIII. The degrees of relationship are, some of them, in the ascending, and some of them in the descending line, or in the collateral line. Those in the direct ascending line are parents; those in the direct descending line are children; those in the collateral line are brothers and sisters and their children. 1Relationship in the direct ascending and descending lines begins with the first degree, but in the collateral line there is no first degree, and therefore it begins with the second. Hence cognates in the first degree of the direct ascending and descending lines can share equally with one another; but no one can do this in the collateral line in this degree, but in the second and third degrees, and in those which follow, the collateral heirs can share with one another, and sometimes even with those of a higher degree. 2We should, however, remember, whenever we consider the questions relating to inheritance or to the prætorian possession of an estate, that those who belong to the same degree do not always share equally with one another. 3Heirs who are first in the ascending line are the father and the mother; those first in the descending line are the son and the daughter. 4Those first in the second degree of the direct ascending line are the grandfather and the grandmother; those first in the direct descending line are the grandson and the grandfather; those first in the collateral line are the brother and the sister. 5Those first in the third degree in the direct ascending line are the great-grandfather and the great-grandmother; those first in the descending line are the great-grandson and the great-granddaughter; those first in the collateral line are the son and the daughter of the brother and the sister, and, next in order, the paternal uncle and the paternal aunt, the maternal uncle and the maternal aunt. 6In the fourth degree of the direct ascending line are the great-great-grandfather and the great-great-grandmother, in the direct descending line the great-great-grandson and the great-great-granddaughter; in the collateral line the grandson and the granddaughter of the brother and the sister, and, in their order, the great-paternal uncle and the great paternal aunt, that is to say, the brother and sister of the grandfather; the great maternal uncle and the great maternal aunt, that is to say, the brother and sister of the grandmother; likewise, the brothers and sisters of the great maternal uncle, that is to say, children both male and female descended from two brothers; also the children both male and female, born of two sisters; and children of both sexes, the issue of a brother and a sister. All of these are known under the common appellation of first cousins. 7In the fifth degree of the direct ascending line are the great-great-great-grandfather and the great-great-great-grandmother; in the direct descending line the great-great-great-grandson and the great-great-great-granddaughter; in the collateral line the great-grandson and the great-granddaughter of the brother and the sister; and, in the same order, the great-great paternal uncle and the great-great paternal aunt, that is to say, the brother and sister of the great-grandfather, and the great-great-maternal uncle and the great-great-maternal aunt, that is to say, the brother and sister of the great-grandmother; also the son and daughter of male cousins, and the son and daughter of female cousins, likewise other male and female cousins and the sons and daughters of the latter on both sides, and those of both sexes and are next to cousins in degree; these being the sons and daughters of the great paternal uncle and the great paternal aunt and the great maternal uncle and the great maternal aunt:

Gaius, On the Provincial Edict, Book VIII. In the sixth degree, in the direct ascending line, are the great-great-great-great-grandfather and the great-great-great-great-grandmother. In the direct descending line are the great-great-great-great-grandson and the great-great-great-great-granddaughter; and in the collateral line, the great-great-grandson and the great-great-granddaughter of the brother and sister; and in their order, the great-great-paternal uncle and the great-great-paternal aunt, that is to say, the brother and sister of the great-great-grandfather; and the great-great-maternal uncle and great-great-maternal aunt, that is to say, the brother and sister of the great-great-grandmother. Likewise, the grandson and the granddaughter of the great paternal uncle, and the great paternal aunt, and of the great maternal uncle and the great maternal aunt. Also, the grandson and the granddaughter of first cousins of both sexes, and the son and the daughter of the great-paternal uncle and the great-paternal aunt, and of the great-maternal uncle and the great maternal aunt; as well as the children of cousins on both sides who are properly called the issue of first cousins. 1It is sufficiently apparent, from what we have said, how many persons there can be in the seventh degree. 2We must also remember that the relatives in the ascending and descending lines must always be doubled; because we understand that there is a grandfather and a grandmother on the maternal as well as the paternal side, as well as grandchildren of both sexes, the children of sons as well as daughters; and this order must be followed in all degrees both ascending and descending.

Gaius, On the Provincial Edict, Book VIII. Property is acquired mortis causa when an occasion arises for obtaining it on account of the death of anyone, except in such instances as have a particular designation; for it is certain that anyone who acquires property by hereditary right, or as a legatee or the beneficiary of a trust acquires it, on account of the death of another, but for the reason that these methods of acquiring property are designated by specific names, they are distinguished from the one in question. 1It is held by Julianus that, although the debtor who has been released may not be solvent, the donation will still be considered to have been made mortis causa. 2Property can also be acquired without a donation; as, for instance, where a slave or a legatee pays a sum of money for the purpose of complying with some condition, whether the person who receives it is a stranger, or an heir. The case is similar where anyone receives money to accept or reject an estate, or to refuse a legacy which has been bequeathed to him. Even a dowry which has been stipulated for and will belong to the husband if his wife should die, is evidently acquired mortis causa, and dowries of this kind are designated as returnable. Again, anything which is donated mortis causa, or is given while in imminent danger of death, or with the expectation of mortality, for the reason that we understand that we will die sooner or later, is included in this category. 3If, with the intention of making a donation mortis causa, you should direct your debtor to make a new promise to my creditor to pay ten aurei, the question arises, what would be the rule of law if the debtor should not prove solvent? Julianus says that if I stipulate in this way, I shall be held to have obtained as much money as your debtor is able to pay; for he says if the donor recovers his health, he will only be entitled to obtain the new obligation of the debtor. If, however, my creditor should enter into the stipulation, I will be held to have received only as much money as I would have the right to be released from payment of to my creditor. 4When a debtor, who is poor, is released from his indebtedness by way of a donation, he is considered to have obtained all the money from the payment of which he was released.

Gaius, On the Provincial Edict, Book VIII. Some stipulations are certain, and others are uncertain. A stipulation is certain when, by its mere mention, its nature and its amount are predisclosed, as for instance, ten aurei, the Tusculan Estate, the slave Stichus, a hundred measures of the best African wheat, a hundred jars of the best Campanian wine.

Gaius, On the Provincial Edict, Book VIII. According to a Rescript of the Divine Hadrian, an obligation is not divided among sureties by operation of law. Therefore, if any one of them should die, without having an heir, before paying his share of the indebtedness, or should become poor, his portion of the liability will be added to that of the others.

The Same, On the Provincial Edict, Book VIII. Our condition can be improved by our slaves, but it cannot be rendered worse.