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being done by the impubes. By the imperial legislation, a tutor was allowed to acquire the hereditas for his pupillus, and a father for his son, who was in his power ; and thus the doctrine of the pro herede gestio was rendered unnecessary.
A pupillus could not part with a possession without the auctoritas of a tutor, for though possession of itself was no legal right, legal advantages were attached to it. As to the acquisition of possession, possession in itself being a bare fact, and the fundamental condition of it being .the animus possidendi, consequently the pupillus could only acquire possession by himself, and when he had capacity to understand the nature of the act. But with the auctoritas of his tutor he could acquire possession even when he was an infans, and thus the acquisition of possession by a pupillus was facilitated, utilitatis causa. There was no formal difficulty in siich possession any more than in the case of pro herede gestio, for in neither instance was it necessary for words to be used. Subsequently the legal doctrine was established that a tutor could acquire possession for his pupillus. (Dig. 41. tit. 2. s.l.§20.)
With the attainment of pubertas, a person obtained the full power of his property, and the tutela ceased: he could also dispose of his property by will ; and he could contract marriage. According to the legislation of Justinian (Inst. i. tit. 22), pubertas, in the case of a male, was attained with the completion of the fourteenth, and, in a female, with the completion of the twelfth year. In the case of a female, it seems that there never had been any doubt as to the period of the tv/elve years, but a dispute arose among the jurists as to the period of fourteen years. The Sabiniani maintained that the age of pubertas was to be determined by physical capacity (Jiabitn eorporis}^ to ascertain which a personal examination might be necessary ; the Proculiani fixed the age of fourteen complete, as that which absolutely determined the attainment of puberty. (Gaius, i. 196 ; Ulp. Frag. xi. 28.) It appears, therefore, that under the earlier emperors there was some doubt as to the time when pubertas was attained, though there was no doubt that with the attainment of puberty, whatever that time might be, full legal capacity was acquired.
Until a Roman youth assumed the toga virilis, he wore the toga praetexta, the broad purple hem of which (praeteseta) at once distinguished him from other persons. The toga virilis was assumed at the Liberalia in the month of March, and though no age appears to have been positively fixed for the ceremony, it probably took place as a general rule on the feast which next followed the completion of the fourteenth year; though it. is certain that the completion of the fourteenth year was not always the time observed. Still, so long as a male wore the praetexta, he was Impubes, and when he assumed the toga virilis, he was Pubes. Accordingly, Vesticeps (Festus, s. v.) was the same as Pubes, and Investis or praetextatus the same as Impubes. (Gell. v. 19. Vesticeps.} After the assumption of the toga virilis, the son who was in the power of his father had a capacity to contract debts; and a pupillus was released from the tutela. But if neither the pupillus wished to get rid of his tutor, nor the tutor to be released from the responsibility of his office (for which he received no emolument), the period of assuming the toga virilis might be
deferred. If the pupillus and the tutor could not agree,, it might be necessary that there should be a judicial decision. In such case the Proculiani maintained as a theoretical question, that the age of fourteen should be taken as absolutely determining the question, fourteen being the age after the attainment of which the praetexta had been generally laid aside. The Sabiniani maintained that as the time of puberty, had never been absolutely fixed, but had depended on free choice, some other mode of deciding . the question must be adopted, where free choice was out of the question, and therefore they adopted that of the physical development (habitus corporis}. But though there are allusions to this matter (Quinct. Inst. Or. iv. 2), there is no evidence to show that inspection of the person was ever actually resorted to in order to determine the age of puberty. It appears that the completion of fourteen years was established as the commencement of pubertas. The real foundation of the rule as to the fourteen and the twelve years appears to be, that in the two sexes respectively, puberty was, as a general rule in Italy, attained about these ages* In the case df females, the time had been fixed absolutely at twelve by immemorial custom, and had no reference to any practice similar to that among males of adopting the toga virilis, for women wore the toga praetexta till they were married. And further, though the pupillaris tutela ended with females with the twelfth year, they were from that time subject to another kind of tutela.
A male had a capacity to make a will upon completing his fourteenth, and a female upon completing her twelfth year (Gaius, ii. 113 ; Paulus, *S. R, iii. tit. 4. a.) ; and the same ages, as already observed, determined the capacity, in the two sexes, for contracting a legal marriage. The dispute between the two schools as to the time when the male attained the age of puberty, appears to have had reference to the termination of the tutela, and his general capacity to do legal acts • for the test of the personal examination could hardly, from the nature of the case, apply to the capacity to make a will or contract a marriage, as Savigny shows.
Spadones (males who could never attain physi cal pubertas) might make a testament after attain ing the age of eighteen. (Savigny, System des heut. Rom. ftechts, vol. iii. p. 55, &c,) [G, L.J
INAUGURATIO was in general the ceremony by which the augurs obtained, or endeavoured to obtain, the sanction of the gods to something which had been decreed by man ; in particular, however, it was the ceremony by which things or persons were consecrated to the gods, whence the terms dedieatia and consecratio were sometimes used as synonymous with inauguratio. (Liv. i. 44, 55 ; Flor. i. 7, 8 ; Plin. Ep. ix. 39, x. 58, 59, 76 j Cic. in.Catil. iv. 1.) The ceremony of inauguratio was as follows: —After it had been decreed that something should be set apart for the service of the gods, or that a certain person should be appointed priest, a prayer was addressed to the gods by the augurs or other priests, soliciting them to declare by signs whether the decree of men was agreeable to the will of the gods. (Liv. i. 18.) If the signs observed by the inaugurating priest were thought favourable, the decree of men had the sanction of the gods, and the inauguratio was completed. The inauguratio was, in early times, always performed by the augurs ; but subsequently we find that the
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