[The History of Rome, Book I by Theodor Mommsen]@TWC D-Link book
The History of Rome, Book I

CHAPTER V
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This was the origin of testaments.

In the ordinary course of law the freeman could not lose or surrender the inalienable blessing of freedom, and therefore one who was subject to no housemaster could not subject himself to another in the place of a son--unless the community should grant him leave to do so.

This was the -abrogatio-.

In the ordinary course of law burgess-rights could only be acquired by birth and could never be lost--unless the community should confer the patriciate or allow its surrender; neither of which acts, doubtless, could be validly done originally without a decree of the curies.

In the ordinary course of law the criminal whose crime deserved death, when once the king or his deputy had pronounced sentence according to judgment and justice, was inexorably executed; for the king could only judge, not pardon--unless the condemned burgess appealed to the mercy of the community and the judge allowed him the opportunity of pleading for pardon.


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