The Same, Opinions, Book XV. According to the terms of the Libonian Decree of the Senate, a person cannot act who appointed himself the testamentary guardian of a ward. For as the intention of the father is not doubtful, since he stated it in an instrument in his own hand, I gave the opinion that he should be appointed curator, even though there may be other guardians. In this instance, the excuse to which he would be entitled by law should not be admitted, since he is held to have bound himself, nor can he be removed on the ground of suspicion.

Papinianus, Opinions, Book XV. Where a husband does not, by employing either force or fraud, interfere to prevent his wife from changing, by means of a codicil, a will which she had made in his favor but (as often happens), merely attempts to appease the anger of his wife by marital remonstrances; I gave as my opinion that he was not guilty of any offence, and should not be deprived of what had been given him by the will.

The Same, Opinions, Book XV. I gave it as my opinion that a person who fraudulently undertook the execution of a trust could be compelled to also surrender those profits which he had collected before legal proceedings were instituted; for he is not considered to have been a bona fide possessor; just as is the case with those who hold property which is claimed by the Treasury. I held that, after the controversy arose with reference to the execution of a trust of this description the value of the profits previously collected, together with the interest on the same, should be surrendered; and this applies to all the profits for which a price has been paid, but if the party had used the profits himself, only their value without interest should be refunded. The Divine Severus in a case of this kind graciously decreed that only the profits of the property, and not the interest on the same, would be due without any distinction of the time when they had been collected. This is the practice at the present time. 1Where all the property of an estate has been forfeited to the Treasury on account of the execution of a trust fraudulently undertaken, it is not proper that the heir should remain subject to the burden of the debts of the estate. The same rule applies where the death of the testator is not avenged. If, however, the heir has sustained any loss by entering upon the estate through the merger of rights of action or of servitudes, he will not be considered worthy of the relief of restitution. 2An heir, having been appointed to a share of an estate, received the devise of a tract of land, and agreed to deliver what he had received to a person who was legally incapable of receiving the same. Although the devise was not legal, so far as his share was concerned, that is to say, the portion to which he was entitled as heir, still, I gave it as my opinion that his right to the land was unimpaired, for neither the rule of law nor the difference of possession could accomplish the division of the will of the testator.

The Same, Opinions, Book XV. A decision rendered with reference to the free birth of a freedman within five years was set aside. I gave it as my opinion that he had lost his right to wear a gold ring which he had received and relinquished before the decision was rendered.

The Same, Opinions, Book XV. The sureties of a person accused of a capital crime may properly be sued under a contract, and without being able to oppose an exception pleaded by the creditor, who has accused the principal debtor.

Papinianus, Opinions, Book XV. If the accuser should die, the case can be prosecuted by another, if the Governor of the province considers this advisable. 1An agent will intervene to no purpose in the prosecution of a crime; and this applies still more forcibly to the defence. The excuses of absent persons can be presented to the judges in accordance with the terms of the Decree of the Senate, and if good reasons are given, the decision will be postponed.

Papinianus, Opinions, Book XV. He who is accused of a capital crime is not, before judgment, forbidden to bring before the Treasury any matter in which he may be interested.

The Same, Opinions, Book XV. The decision of the Governor of a province was that a certain woman had been violated. I held that she was not liable under the Julian Law relating to Adultery; although, for the purpose of protecting her modesty, she was prevented from immediately informing her husband of the injury which she had sustained. 1Even after the woman has married a second time, although her first husband may not have been prosecuted as her pander, the charge of adultery can be brought against the adulterer by a stranger. 2Even if the woman should die during marriage, her husband has a right to prosecute the adulterer. 3A woman who was married before the person who committed adultery with her has been convicted cannot be prosecuted for this offence, if notice was not served upon her at the wedding, or at her residence. 4I gave it as my opinion that a woman who has been exiled on account of her association with robbers could be retained in marriage without the fear of incurring a penalty, because she was not convicted of adultery. 5The crime of incest, joined with adultery, is not prescribed after the lapse of five years. 6It is settled that two persons, the man and the woman, cannot lawfully be prosecuted for adultery at the same time, even by the husband; but when both of them have been accused at once by someone who subsequently wished to desist, I hold that an acquittal will be necessary in the case of both parties. 7A common accusation for incest can be brought against two persons at the same time. 8I gave it as my opinion that where two masters were accused of incest, their slaves could only be put to the torture where the incest was alleged to have been committed by adultery.

The Same, Opinions, Book XV. The solemn assertion of a false name or surname is punished with the penalty of forgery. 1An advocate having been degraded for ten years from his rank of decurion, because he read a forged document in the presence of the Governor while hearing a case, I gave it as my opinion that he would recover his rank after the expiration of the time, as he did not come within the terms of the Cornelian Law, having read, but not drawn up a forged document. For the same reason, when a plebeian is punished with temporary exile for the same cause, he can legally be created a decurion after his return.

Papinianus, Opinions, Book XV. Those who, in consideration of money paid to them, relinquish a public employment, are criminally prosecuted for extortion.

Papinianus, Opinions, Book XV. A woman who institutes a prosecution for forgery, as an injury to herself, and, having desisted, abandons it, is not considered to have incurred the penalty of the Turpillian Decree of the Senate. 1After a case has been dismissed, the same charge cannot again be brought by the same accuser against the same defendant.