Marcianus, Rules, Book V. A son, whether he is natural or adopted, who is under the control of his father, cannot in any way compel him to release him from it.

Marcianus, Rules, Book V. And where the adopted son, having arrived at puberty, proves that it is not advantageous to himself to be brought under the paternal control of the other, it is just that he should be emancipated by his adoptive father, and in this way be reinstated in his former condition.

Marcianus, Rules, Book V. Where anyone makes proper allegations in a suit with reference to a servitude which he enjoys in common with others, and loses the case in some way through his own negligence, it is not just that this should cause any damage to the other joint-owners; but if, through collusion, he abandons the suit to his adversary, an action on the ground of fraud should be granted to the others; as Celsus says, and he adds that this was also held by Sabinus.

Marcianus, Rules, Book V. In cases of this kind bets are allowed under the Titian, Publician, and Cornelian laws, but it is not lawful under other laws where the contest is not for the exhibition of skill.

Marcianus, Rules, Book V. The peculium is created, grows, decreases, and dies, and therefore Papirius Fronto very properly says that the peculium resembles a man. 1The question arose how a peculium is created. The ancients made a distinction in this respect, for if the slave has acquired what the master was not bound to furnish, this is peculium, but if he has acquired tunics or anything of this kind with which the master is bound to provide him, it is not peculium. Therefore peculium is created in this way, it grows when it is increased, it decreases when sub-slaves cease to exist or property is destroyed, it dies when it is taken away.

The Same, Rules, Book V. When a petition is filed for the appointment of a guardian for a minor who has one that is absent, the appointment, made as if he did not have any, is void. For whenever, through ignorance of the facts, such a petition is filed for the appointment of a guardian, the appointment will not be valid, especially since the promulgation of a Constitution of the Divine Brothers relative to this subject.

Marcianus, Rules, Book V. Where a legatee is charged to surrender his entire legacy to another, and desires to be released from the responsibility of guardianship, he will obtain his legacy for the purpose of delivering it to the beneficiary; this case being similar to that of an heir who brings an action claiming that the will is void, and loses his case.

The Same, Rules, Book V. The Divine Pius decided that a person was unworthy (as Marcellus states in the Twelfth Book of the Digest) who was clearly proved to have permitted the woman by whom he was appointed heir to die through his own negligence and fault.

Marciamis, Rules, Book V. Where an emancipated son is passed over in a will, I do not think that he can claim prætorian possession of the estate in opposition to the terms of the will, if the appointed heir should interpose an exception on the ground of fraud, based on a debt which he owed his father; for, in this instance, he has, as it were, abandoned the right to claim prætorian possession of the estate. This, however, must be understood to be applicable where the son was not willing to bar the heir claiming the debt, by means of the exception, “If possession of the estate contrary to the provisions of the will cannot be granted to the son,” but prefers to avail himself of an exception on the ground of bad faith.

The Same, Rules, Book V. Where a donation mortis causa is made in such a way that it cannot be revoked under any circumstances, it is rather a donation inter vivos than one mortis causa. Hence it should be considered as any other donation inter vivos, and will be void as between husband and wife; and the Falcidian Law will not apply, as it does in the case of donations mortis causa.

Marcianus, Rules, Book V. Where a slave has obtained his freedom as a reward for detecting the murderer of his master, he will become the freedman of the deceased.

Marcianus, Rules, Book V. Anyone is entitled to be a privileged creditor, after the Treasury, if he has lent money for the purpose of building, repairing, arming, or equipping a ship, as well as where he brings suit to collect the price of a ship which has been sold.

Marcianus, Rules, Book V. It is provided by certain Rescripts of the Divine Antoninus that there is ground for prescription, where long-continued possession of movable property has existed.

Marcianus, Rules, Book V. He does not commit the crime of lese majesty, who repairs the statues of the Emperor which have become damaged by age. 1Nor does he commit the crime of lese majesty who, having thrown a stone without aiming at anything, accidentally strikes a statue of the Emperor; and this was stated by Severus and Antoninus in a Rescript addressed to Julius Cassianus. 2The same Emperor stated in a rescript to Pontius that to sell the statues of the Emperor which had not yet been consecrated was not lese majesty.

The Same, Rides, Book IV. The Divine Severus and Antoninus stated in a Rescript addressed to Cassius Festus that if the property of private individuals deposited in a temple should be stolen, an action for theft, and not one for sacrilege should be brought.