Commentaries on the Last Two Titles of the Digest

It is permitted for a tutor to will, but not also to refuse: He can acknowledge the possession of goods of the ward, but not likewise repudiate, Law: Tutor. 8, Digest, On possession of goods; Law 1, paragraph 4, Digest, On succession edited. Decius, on this. A master alone can sometimes refuse; but cannot will. He alone can refuse a legacy left to a slave, Law 7, Digest, On legacies 1. And it does not change, Law: Titia. 134, paragraph 2, Digest, On legacies 2. Cujacius 3, observations 11. Bacchovius, notes on Treutler, vol. 2, dispute 13, thesis 2, letter B. Arumaeus, dispute 18, on the Pandects, thesis 2. (It is different in the case of a father, who cannot repudiate a legacy or trust left to his son, Law: From repudiation. 26, Code, On trusts. Fr. Sarmientus, 2, selected interpretations, chapter 8.) But in requesting possession of goods, or in acknowledging a legacy, or in entering an inheritance, the slave's consent is required, Law: Slave. 65, in the beginning, Digest, To the Senatus Consultum Trebellianum; Law 3, at the end, Code, On instituted heirs. See P. Fabrus on this, no. 11.

4. THE SAME.

He is not believed to will who obeys the command of a father or master.

Οὐ δοκεῖ θέλειν, ὁ πειθαρχῶν πατρὶ, καὶ δεσπότῃ. He is not believed to will, who obeys his father or master.

1. The epigraph of this law is an indication that it is to be referred to Law: Soldier. 5, Digest, On castrense peculium; Law 6, paragraph final, Digest, On acquiring inheritance as Raevardus, P. Fabrus on this, Pacius 7 contradictions, question 79, and in the addition to question 67, century 2, page 761 introduce. In command and order, whether of a master or a father, there is in some way force, Alciatus, 5, paradox 19; whence a son who, by the order of his father, married her who had not yet been widowed, is not marked with infamy, Law 1, in the words "who her"; Law 11, paragraph final, and the following law, Digest, On those who are marked with infamy. Fac. Law 147, 167, paragraph 1; Law 169, Digest, on this title where these things will be more fully explained.