Latin
3.1.45 to 3.1.47
Roman Law and Society, The Institutes of Gaius 3.1.45-47
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(42) Subsequently, by the Lex Papia ,the rights of patrons were increased, so far as the wealthier freedmen were concerned; for it is provided by this law that where a freedman left an estate of a hundred thousand sesterces, or more, and had less than three children, an equal share of his estate was due to the patron, whether he made a will or died intestate. Therefore, if a freedman should leave but one son or daughter, his patron will be entitled to half his estate, just as if he had died without leaving either a son or a daughter; and if he should leave two sons or two daughters, a third part of his estate will be due to the patron; but if he left three children, the patron will be excluded from the succession. (43) By the ancient law, patrons suffered no injury so far as the estate of freedwomen were concerned; for, as the latter were under the legal guardianship of their patron, they could not make a will without the consent of their patron; and, therefore, if he agreed to the execution of the will, he would either be appointed the heir, or if he was not, it was his own fault; for, if he did not consent to the will being made and the freedwoman should die intestate, he would obtain her property, because a woman cannot have proper heirs; and formerly no other heir could exclude a patron from the estate of his freedwoman. (44) Afterwards, however, by the Lex Papia ,the birth of four children released the freedwoman from the guardianship of her patron; and, for this reason, she was permitted to make a will without the consent of her guardian; and the law provided that a share equal to that of each of the children whom the freedwoman had at the time of her death, should be due to her patron. Therefore, if a freedwoman left four children and no more, a fifth part of her estate if she died before they did belonged to her patron, and if any of her children died before her, the share of the patron would be proportionally greater; and if all of them died, her entire estate would pass to him at her death.