Commentaries on the Last Two Titles of the Digest

They do not conflict with our Rule, Law: If father. 22, Digest, On marriage rites; Law: Surety. 26, paragraph 1, Digest, On pledges; Law: If woman. 21, paragraph penultimate, Digest, That which is done by fear or cause; Law: The Praetor says. 2, Digest, That which is done with him who is in the power of another. Fabrus, Pacius, in the said places; Ferrarius, on this.

2. In public causes, in which a son of a family is held as a father of a family, Law 9, Digest, On those who are of their own or another's law, he is believed to will in such a way that he is not compelled to obey the command of the Father, Law: He from whom. 13, paragraph final, joined with the following law, Digest, To the Senatus Consultum Trebellianum; Valerius Maximus, book 2, chapter 2. I am not ignorant of what is owed to paternal veneration: but I judge public institutions to be more powerful than private piety. Quintilian, declamation 378, which has the title, The author of peace is to be disinherited. I say, therefore, that those things which fathers command are certain, such as navigation and military service. Certain things are excepted, such as Senators, magistrates, and the sentence of a judge.

DISPUTATION II.

5. PAULUS.

In contracting business, the condition of the insane is held differently from those who can speak, even if they do not understand the act of the thing. For the insane person cannot contract any business: a ward can do all things with the tutor as author.

§. I.

A madman and one who is mentally impaired differ, Law: If insane. 25, Code, On marriage. According to the opinion of certain Doctors, the madman is agitated by a certain rage of mind, but the mentally impaired is more at rest, and shows no outward signs. Others have done better: The madman is entirely alienated in mind, Law 14, Digest, On the office of the prefect; Cicero, 3, Tusculans: They thought madness to be the blindness of the mind to all things. The demented is not entirely, but only in part, led by error of mind. Sometimes, however, these words are taken indiscriminately, and one who is demented is called insane, and conversely, Law: When demented. 28, Code, On episcopal audience; Law 2, Digest, On inofficious testaments. Vigelius in paragraph 1, Institutes, To whom it is not permitted to make a testament, no. 1. Add Gœddaeus treatise on the contract of stipulation, chapter 7, common 9.