# The Institutes of Gaius 3.1.51-54

Roman Law and Society, The Institutes of Gaius, 3.1.51 to 3.1.54. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/3.1.51

(48) From these observations it is apparent that the foreign heirs of patrons are far removed from the rights to which a patron is entitled, either with reference to the property of intestate children, or with reference to prætorian possession in opposition to the provisions of the will. (49) Formerly, before the enactment of the Lex Papia , patronesses had only that right to the estates of their freedmen which was conferred upon patrons by the Law of the Twelve Tables; for they could not demand possession of half the estate of an ungrateful freedman contrary to the provisions of the will, or on the ground of intestacy, against an adopted son, a wife, or a daughter-in-law, which right was granted by the Prætor in the case of a patron and his children. (50) The Lex Papia granted almost the same rights to a freeborn patroness, who had two children, and to a freedwoman who had three, which male patrons enjoy under the Edict of the Prætor. And the same rights were granted to a freeborn patroness if she had three children, as were conferred upon a male patron by the same law, but it did not bestow the same advantage upon a patroness who was a freedwoman. (51) The Lex Papia , however, does not confer any new advantage upon a patroness on account of her children, so far as the estates of freedwomen are concerned, even if they should die intestate. Therefore, if neither the patroness herself, nor the freedwoman, has suffered a loss of civil rights, the estate will belong to her by the Law of the Twelve Tables, and the children of the freedwoman will be excluded, and this rule applies even if the patroness should have no children, for, as we stated above, women can never have a proper heir.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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