Hermogenianus, Epitomes of Law, Book I. By this Law of Nations wars were introduced; races were distinguished; kingdoms founded; rights of property ascertained; boundaries of land established; buildings constructed; commerce, purchases, sales, leases, rents, obligations created, such being excepted as were introduced by the Civil Law.

Hermogenianus, Epitomes of Law, Book I. Those rules which have been approved by long established custom and have been observed for many years, by, as it were, a tacit agreement of citizens, are no less to be obeyed than laws which have been committed to writing.

Hermogenianus, Epitomes of Law, Book I. Therefore, since all law has been established on account of mankind, we shall first speak of the condition of persons, and afterwards of other matters, following the order of the Perpetual Edict, and adding to them the titles as arranged and connected with them, as far as the matter permits.

Hermogenianus, Epitomes of Law, Book I. A slave abandoned by his master to fortune in the trial of a capital case does not become free even if he should be acquitted.

Hermogenianus, Epitomes of Law, Book I. He who breaks faith in a lawful compromise is not only barred by an exception, but also can be forced to pay the penalty which he has promised in proper form to pay to the stipulator if he violated the contract.

Hermogenianus, Epitomes of Law, Book I. Even where a minor has lost his case on account of contumacy, he can petition for the relief of complete restitution.

Hermogenianus, Epitomes of Law, Book I. Prætorian prefects can also grant complete restitution against their own decisions, although no one can appeal from them. The reason for this distinction is, that an appeal is equivalent to a complaint that the decision is unjust; and complete restitution includes a petition for relief from the party’s own error, or an allegation of the fraud of his adversary.

Hermogenianus, Epitomes of Law, Book I. Where, in a purchase of property at auction, another party makes a better bid than a minor, if the latter asks for complete restitution, he must be heard, if it is proved that he was interested in the purchase of the property, for instance, because it had belonged to one of his ancestors; but this is only upon condition that he offers to the vendor the amount of the excess bid by the other party.

Hermogenianus, Epitomes of Law, Book I. There are only a few cases in which slaves are permitted to appear against their masters; and one of them is where they state that a certain will, by which they allege they were bequeathed their freedom, has been suppressed. Slaves are also permitted to give information against their masters where the latter have withheld deliveries of grain belonging to the Roman people, as well as returns of property for taxation, and also for counterfeiting. Moreover, they can institute proceedings to obtain their freedom left to them by a trust, and also where they allege that they have been purchased with their own money, and not manumitted, in violation of the good faith of the agreement. Also, where a slave has been declared to be free by will when he renders his accounts, he can legally demand an arbiter as against his master, for the purpose of examining his accounts. Where anyone has relied upon the good faith of another, with the understanding that he should be purchased with the money of the former, and be manumitted when he had repaid it, and the party says that he is unwilling to receive the money when it is tendered, power is granted to the slave to disclose the terms of the agreement.

Hermogenianus, Epitomes of Law, Book I. There is a great difference between the curator of property without an owner, and of an unborn child, and the curator of an insane person, a spendthrift, or a ward, since with reference to the latter it is evident that there is an actual administration; but to the first two merely the custody and sale of property which is liable to be deteriorated is entrusted.

Hermogenianus, Epitomes of Law, Book I. Where freedom is bequeathed to a slave on condition that he will pay ten aurei to Titius, who was not the heir, a certain person is designated, and, on this account, the condition cannot be complied with except with reference to him. It is clear that, when the day for the payment of the legacy arrives, the slave who is to be free under a condition will, according to the law which has been established, be entitled to the money dependent upon said condition, and will gain his freedom without payment to anyone. The case of a legatee is different, and the condition with reference to him is considered to have failed if Titius should die before the legatee has paid the money. 1Where a condition is expressed in the following terms, “Let So-and-So, a slave, be free, if he pays ten aurei to the heir,” or “Or if he pays ten aurei to Titius, the heir,” he will obtain his freedom if he pays the money not only to the heir, but to the heir of the latter. But if there should be no successor to the heir he will, according to the established law, obtain his freedom without payment to anyone.

Hermogenianus, Epitomes of Law, Book I. A slave who is to become free under a certain condition does not increase the number of the slaves of the heir. 1Slaves held in common are counted as belonging to the estate of each of their masters. 2When the usufruct of a slave belongs to another, his ownership forms part of the estate of his master; when he is pledged, he belongs to the estate of the debtor when he is sold under the terms of the Lex Commissoria, or conditionally, for a certain time, he belongs to the vendor.

Hermogenianus, Epitomes of Law, Book I. It is provided by the Lex Junia Petronia that where the decisions of Courts are conflicting, judgment must be rendered in favor of freedom. 1It has frequently been established by Imperial Decrees that, where witnesses for and against freedom appear in equal numbers, judgment must be rendered in favor of freedom.

Hermogenianus, Epitomes of Laiv, Book I. At the present time, it is usual for manumission to be made by means of the lictors, the master remaining silent, and although solemn words are not spoken, they are considered to be spoken.

Hermogenianus, Epitomes of Law, Book I. A slave is manumitted in fraud of creditors, and is forbidden to be free, whether the day for payment of the debt has already arrived, or whether the debt is payable within a certain time, or under some condition. The case of a legacy bequeathed under a condition is different, for the legatee will not be included among the creditors until the condition has been complied with. The Lex Ælia Sentia, in this respect, applies to creditors of every description whatsoever; and it has been decided that the beneficiary of a trust is also included among them. 1A slave who is given in pledge cannot be manumitted without the consent of the creditors before their claims have been satisfied. The consent of a creditor, who is a ward without the authority of his guardian, is of no benefit to a grant of freedom, just as no advantage results where, under similar circumstances, the ward, who is the usufructuary, consents to the manumission.

Hermogenianus, Epitomes of Law, Book I. The contumacy of those who refused to obey the summons of the court is punished by the loss of the case. 1He is considered to be contumacious who, after having been served with notice three times, or with the one which is ordinarily called peremptory instead of three, refuses to appear. 2He is not liable to the penalty for contumacy whom bad health, or business of great importance prevents from appearing. 3Persons are not held to be contumacious, unless being obliged to obey they decline to do so; that is to say, if they refuse to obey those who have jurisdiction over them.

Hermogenianus, Epitomes of Law, Book I. Where a guardian has been accused, or is liable to suspicion, his defender can be compelled to furnish security that his principal will ratify his act, if the guardian desires to defend the case.

Hermogenianus, Epitomes, Book I. Those who are condemned to the mines, or to the service of the criminals who labor there, become penal slaves.

Hermogenianus, Epitomes, Book I. By the interpretation of the laws, penalties should rather be mitigated than increased in severity.

Hermogenianus, Epitomes of Law, Book I. Where, however, he has been emancipated by his adoptive father, he not only ceases to be his son, but also is no longer a citizen of the town of him whose son he becomes by adoption.

Hermogenianus, Epitomes of Law, Book I. Anyone who has attained to the Senatorial dignity ceases to be a citizen, so far as holding other public employment is concerned; but he is understood to retain his birthright with reference to municipal honors. Hence slaves who have been manumitted by him become citizens of the town in which he was born. 1A soldier has his domicile in the place where he serves if he has no property in his own country.

Hermogenianus, Epitomes, Book I. It is permitted to furnish provisions to decurions who have lost their property; especially if they have exhausted their patrimony through generosity to their country.

Hermogenianus, Epitomes, Book I. Some municipal employments are derived from estates, and others from persons. 1Employments derived from estates refer to transportation of goods by sea or land, and engage the attention of the first in rank among the decurions, for he is responsible for any collections made by him in the performance of his official duties. 2Personal employments are such as relate to the defence of a city, that is to say, such as may be made by the civil magistrate, for example, the collection of taxes, or as has been stated with reference to patrimonial employments, supervision of beasts of burden with a view to the supply of provisions and other things of this kind; as well as care of the public lands, aqueducts, horses, and chariot-races; repairs of highways and warehouses; the heating of baths, the distribution of food, and all duties of this description. For from what we have stated, any other matters which, by long-continued custom, have been established in the different cities, can be readily understood. 3A personal employment is generally understood to be one which is accompanied with manual labor, care, and diligence. A patrimonial employment, however, is one in which expense is especially requisite. 4Among personal employments are included the guardianship and curatorship of a minor or an insane person, as well as that of a spendthrift, one who is dumb, and an unborn child, to whom it is also necessary to furnish food, drink, lodging, and other things of this kind. With reference, however, to the property of the minor or the insane person, care must be taken by the person charged with the duty that it shall not be acquired by usucaption, or any debtors be released from liability. Likewise, where possession of property is demanded under the terms of the Carbonian Edict, if security is not furnished, the curator who has been appointed discharges a personal employment in taking care of the property. The same rule applies to curators who have been appointed to take charge of the property of persons who have been captured by the enemy, and expect to return. Again, curators are appointed for an estate left to one who cannot yet succeed to it by either Civil or Prætorian Law.

Hermogenianus, Epitomes, Book I. No one is prohibited from voluntarily repeating the performance of the sacerdotal ceremonies of a province. 1When a father who is exempt from the civil employments and duties of the magistracy consents to have his son, who is under his control, created decurion, he will be compelled to assume responsibility for the proper discharge of all the functions and obligations undertaken by his son.

Hermogenianus, Epitomes of Law, Book I. There are public duties which attach to property, and with reference to which neither children, slaves, the merits of military service, nor any other privilege affords a legal excuse. As, for instance, those relating to the contribution of land, the paving of highways, the provision of horses and vehicles for posts, and the requirement to contribute to the lodging of strangers; for no one has a right to an excuse of this kind except those to whom it has been especially conceded by the favor of the Emperor; and this applies to any other exemptions of this kind.