The Same, Opinions, Book XIV. Where a son-in-law appoints his father-in-law his heir, the sole incentive of paternal affection will not permit any suspicion to attach to the implied execution of the trust.

Papinianus, Opinions, Book XIV. I gave it as my opinion that where freedmen have been allotted to children for the purpose of providing them with support, they are not to be considered as assigned to them, as the patron intended to benefit his freedmen in order that they can, the more readily, enjoy the advantages of his will, without violating the requirements of the Common Law.

Papinianus, Opinions, Book XIV. A slave belonging to a municipality, who has been lawfully emancipated, will retain his peculium, if he has not been previously deprived of it; and therefore his debtor is released from liability by paying him.

The Same, Opinions, Book XIV. A centurion, by his will, forbade his slaves to be sold, and asked that they be manumitted, so far as they were deserving of it. The answer was that freedom was lawfully granted, since, if none of the servants had given cause for offence, all of them would be entitled to be free; but if some of them were excluded on account of having committed a crime, still the others ought to obtain their freedom. 1Where the following provision was inserted into a will, “Let those slaves who have not given cause for offence be free,” it was held that the grant of freedom was conditional, and that it should be interpreted in such a way that the testator, when liberating his slaves, did not intend to include those whom he had subjected to punishment, or had excluded from the honor of serving him or from transacting his business.

Papinianus, Opinions, Book XIV. It is settled that, in the reconsideration of a case, no question should be raised with reference to the freedom of children which may involve the reputation of their mothers or fathers, after the latter had been dead for more than five years. 1In a matter of this kind, which is worthy of public supervision, relief should be granted to minors instituting proceedings for restitution, where they had no guardians to act for them during the five years which have elapsed. 2This prescriptive term of five years which protects the status of deceased persons is not affected by the filing of any action before death; if it can be proved that the right to bring the said action has been extinguished by the long silence of him who originally brought it and then desisted.

Papinianus, Opinions, Book XIV. A man who is sent by the Governor of a province before the Tribunal of the Emperor is not compelled to defend any other action at Rome, and he still should be defended in the province; for the property of a person who is punished by temporary exile can be sold if a defender does not appear for him in court.