Julianus, Digest, Book LXIII. Where the child of a man who is in captivity or who is absent marries before the three years of captivity or absence have elapsed, I think that the marriage will be legally contracted; provided that either the son or the daughter should marry a person whose condition will certainly not be offensive to the father.

Julianus, Digest, Book LXII. The wives of those who are in the hands of the enemy can be considered to always retain the place of married women, solely on the ground that others cannot rashly marry them. And, generally speaking, it must be said that, so long as it is certain that the husband is in captivity and is living, his wife has not the right to form another matrimonial connection, unless she herself has given some cause for repudiation. But if it is uncertain whether the husband who is held by the enemy is living or dead, then, if the term of five years has passed from the time when he was taken captive, his wife will have the right to marry again, so that the first marriage will be held to have been amicably dissolved, and each one of the parties will have their respective rights annulled. The same rule must be observed where a husband remains at home, and his wife is taken captive.

The Same, Digest, Book XXX. The Lex Cornelia, which confirms the wills of those who die in the hands of the enemy, not only has reference to the estates of persons who made their wills, but to all estates which can belong to anyone by testamentary disposition, even if they had not fallen into the hands of the enemy. Hence, where a father died in captivity, leaving in his own country a son under the age of puberty, and the latter died before reaching that age, the estate belonged to the substitute; just as if the father had not been captured by the enemy. Where, however, the father died at home, and his minor child died in the hands of the enemy, having been captured after his father’s death; will it not be proper to hold that his estate belongs to the substitute, under the terms of the said law? But if the son falls into the hands of the enemy during the lifetime of his father, I do not think that the Lex Cornelia will apply, because it does not provide that he who left no property in his own country shall have any heirs. Wherefore, even if the son, having arrived at puberty, should be captured during the lifetime of the father, and should afterwards die while in the hands of the enemy, after the death of his father at home, the estate of his father will belong to his next of kin, by virtue of the Law of the Twelve Tables, but the estate of the son will not belong to the latter by the terms of the Cornelian Law.

The Same, Digest, Book LXII. Where the following was inserted in a will: “I bequeath Stichus to Titius,” or “Let my heir give him to Titius, in order that he may manumit him,” I held that if the legatee should claim Stichus, he can be opposed by an exception on the ground of bad faith; unless he gives security to grant him his freedom in accordance with the will of the deceased.

Julianus, Digest, Book LXII. The property of those who have fallen into the hands of the enemy, or have died there, whether they had testamentary capacity or not, belongs to those to whom it would have belonged, if they had not been captured. The same rule is laid down by the Cornelian Law with reference to everything which may take place in cases where those interested in inheritances and guardianships would have been concerned, if they had not fallen into the hands of the enemy. 1Hence it is evident that everything will belong to the heir of him who has been taken by the enemy, which the latter would have been entitled to if he had returned under the right of postliminium. Moreover, whatever the slaves of captives stipulate for, or obtain, is understood to be acquired by their masters, when they return under the right of postliminium; wherefore it will also necessarily belong to those who enter upon an estate under the Cornelian Law. If, however, no heir should appear under the Cornelian Law, the property will belong to the State. Any legacies bequeathed to their slaves, either absolutely or conditionally, will belong to their heirs. Likewise, if a slave is appointed an heir by a stranger, he can accept an estate by order of the heir of the captive. 2Where, however, the son of him who is in the power of the enemy, accepts or stipulates for anything, it is understood to be acquired for him, if his father should die before returning under the law of postliminium; and it will belong to the heir of his father, if the son should die during the lifetime of the latter, for the condition of men whose fathers are in the power of the enemy is uncertain. When, however, the father returns, the son is never considered to have been his own master; but where the father dies a prisoner of war, then his son becomes independent for the entire time that his father remained in captivity. 3The ownership of any property which the slaves of captives possess as peculium remains in abeyance; for if their masters return with the right of postliminium it will be understood to belong to them; and if they die in captivity, it will belong to their heirs under the Cornelian Law. 4If anyone, having a wife who is pregnant, falls into the hands of the enemy, and dies there, and a son is afterwards born to him, and it dies, his will is void; for the reason that the wills of those who remain in their own country are invalidated under such circumstances.