Note 1164 — JUVENAL'S SATIRES. (continued 3)

Testandi vivo patre. Under ordinary circumstances the power of a father over his son was absolute, extending even to life and death, and terminating only at the decease of one of the parties. Hence "peculium" is put for the sum of money that a father allows a son, or a master a slave, to have at his own disposal. But even this permission was revocable. A soldier, who was sui juris, was allowed to name an heir in the presence of three or four witnesses, and if he fell, this "nuda voluntas testatoris" was valid. This privilege was extended by Julius Cæsar to those who were "in potestate patris." "Liberam testandi factionem concessit, D. Julius Cæsar: sed ea concessio temporalis erat: postea vero D. Titus dedit: post hoc Domitianus: postea Divis Nerva plenissimam indulgentiam in milites contulit: eamque et Trajanus secutus est." "Julius Cæsar granted them the free power of making a will; but this was only a temporary privilege. It was renewed by Titus and Domitian. Nerva afterward bestowed on them full powers, which were continued to them by Trajan." Vid. Ulpian, 23, § 10. The old Schol., however, says this privilege was confined to the "peculium Castrense;" but he is probably mistaken.