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e, 59), was the Plancianum, or Plautianum, for the reading is doubtful ; and in this passage it is stated that the Fourth, which the Fiduciarius was not allowed to retain, was claimed for the Fiscus Ivy a Rescript of Antoninus Pius. The penalty for the fraud only applied to that part of the property to which the fraud extended, and if the heres was Jieres in a larger share of the hereditas than the share to which the fraus extended, he had the benefit of the Falcidia for that part to which the fraus did not extend, which is thus expressed by Papiman (Dig. 34. tit. 9. s. 11), " sed si major modus institutionis quam fraudis fuerit quod ad Falcidiam attinet, de superfine qitarta retlnebitur." The history of legislation on the subject of Tacita fideicommissa is not altogether free from some doubt.

pl a uti a num. [ plancianum . ]

rubrianum, enacted in the time of Trajan, in the consulship of Rubrius Gallus and Q, Coelius Hispo (probably consules suffecti) a. d. 101, related to fideicommissa libertas. Its terms are given in the Digest (40. tit. 5. s. 26) : " Si hi a quibus li-bertatem praestari oportet evocati a Praetore adesse noluissent, Si causa cognita Praetor pronuntiasset libertatem his deberi, eodem -jure statum servari ac si directo manumissi essent." Compare Plin. Ep. iv. 9, ad Ursiiiu with the passage in the Digest.

sabinianum, of uncertain date, but apparently after the time of Antoninus Pius. It related to the rights of one of three brothers who had been adopted, to a portion of the hereditas contra tabulas testamenti. (Cod. 8. tit. 48. s. 10 ; Inst. 3. tit. 1.)

silanianum, probably passed in the time of Augustus in the consulship of P. Cornelius Dola-bella and C. Junius Silanus A. r>. 10, contained various enactments. It gave freedom to a slave who discovered the murderer of his master. If a master was murdered, all the slaves who were under the roof at the time, if the murder was com­mitted under a roof, or who were with him in any place at the time of the murder, were put to the torture, and, if they had not done their best to defend him, were put to death. Tacitus (Ann. xiv. 42) refers to this provision of the Senatuscon-sultum, and he uses the phrase "vetere ex more." Lipsius (note on this passage) refers to Cicero (ad Fam. iv. 12). Servi Impiiberes were ex-ceptedfrom this provision of the Senatusconsultum. (Dig. 29. tit. 5. s. 14.) The heres who took pos­session of the hereditas of a murdered person be­fore the proper inquiry was made, forfeited the hereditas, which fell to the Fiscus : the rule was the same whether being heres ex testamento he opened the will (tabulae testamenti} before the in­quiry was made, or whether being heres ab intes­tate, he took possession of the hereditas (adiit lie-reditatem} or obtained the Bonorum Possessio ; he was also subjected to a heavy pecuniary penalty. A Senatusconsultum pa'ssed in the consulship of Taurus and Lepidus A. d. II, enacted that the penalty for opening the will of a murdered person could not be inflicted after five years, except it was a case of parricide to which this temporis praescrip-tio did not apply. (Pau'lus, S. R. iii. tit. 5 ; Dig. 29. tit. 5 ; Cod. 6. tit. 35.)

tertulltanum is stated in the Institutes of Justinian (3. tit. 3) to have been enacted in the time of Hadrian, in the consulship of Tertullus and Sacerdos ; but some critics, notwithstanding this,



would refer it to the time of Antoninus Pius. This Senatusconsultum empowered a mother, whe­ ther Ingenua or Libertina, to take the Legitima hereditas of an intestate son ; the Ingenua, if she was or had been the mother of three children ; the Libertina, if she was or had been the mother of four children. They could also take, though they neither were nor had been mothers, if they had obtained the Jus Liberorum \$y Imperial favour. Several persons however took precedence of the mother ; the sui heredes of the son, those who were called to the Bonorum Possessio as sui heredes, the father, and the frater consanguineus. If there was a soror consanguinea, she shared with her mother. The Senatusconsultum Orphitianum gave the children a claim to the hereditas of the mother. \

(Ulp. Frag. tit. xxvi. ; Paulus, S. R. iv. tit. 9 ; Dig. 38. tit. 17.)

trebellianum, enacted in the time of Nero in the consulship of L. Annaeus Seneca and Tre-bellius Maximus A. d. 62, related to Fideicommis-sae heredita.tes.

(fideicommissum ; Gaius, ii. 251, 253 ; Dig. 36. tit. 1 ; Paulus, S. R. iv. tit 2.)

turpilianum, enacted in the time of Nero in the consulship of Caesonius Paetus and Petronius Turpillus A- d. 61, was against praevaricatio or the collusive desisting from prosecuting a criminal charge. The occasion of this Senatusconsultum and the terms of it are stated by Tacitus (Ann. xiv. 14): "qui talem operam emptitasset, vendi-dissetve, perinde poena teneretur ac publico judicio calumniae condemnaretur." The definition of a praevaricator is given in the Digest (48. tit. 16. s. 1. Ad Senatusconsultum Turpilianuiri).

velleianum rendered void all intercessiones by women, whether they were on behalf of males or females. This Senatusconsultum was enacted in the consulship of Marcus Silanus and Velleius Tutor, as appears from the preamble of the Sena­tusconsultum (Dig. 16, tit. 1), and it appears most probably to have been passed in the reign of Claudius from the words of Ulpian in his comment upon it. The name of Velleius Tutor does not occur in the Fasti Consulares, and he may be a consul suf-fectus. The name of M. Silanus occurs as consul in the reign of Claudius, and the colleague of Valerius Asiaticus, a. d. 46. (Dion Cass. Ix. 27.) [intercession] In the year a. d. 19, according to the Fasti a M. Silanus was also consul ; his colleague according to the Fasti was L. Norbanus Balbus, and this agrees with Tacitus (Ann. ii. 59).

vitrasianum is assigned to the reign of Ves­pasian, but the time is very uncertain. It re­lated to Fideicommissa Libertas. (Dig. 40. tit. 5. s. 30.)

VoLUSiANUSt, enacted in the reign of Nero in the consulship of Q. Volu'sius Saturninus and P. Cornelius Scipio, A. d. 56. It contained a provi­sion against pulling down a domus or villa for the sake of profit; but the object of this law seems rather obscure: it is referred to, without the name being given, in the Digest (18. tit. 1. s. 52. Senatus censuit, &c.). Tacitus (Ann. xiii. 28) mentions a Senatusconsultum in this consulship which limited the power of the Aediles: " quantum curules, quantum plebeii pignoris caperent, vel poenae irro-garent." A Senatusconsultum Volusianum (if the name is right) enacted that persons should be liable to the penalties of the Lex Julia de vi pri\ata,

3 u 2

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