Romæ antiquæ descriptio a view of the religion, laws, customs, manners, and dispositions of the ancient Romans, and others : comprehended in their most illustrious acts and sayings agreeable to history / written in Latine by ... Quintus Valerius Maximus ; and now carefully rendred into English ; together with the life of the author.

CHAP. VII. Of Wills cancell'd.

• 1. A Father that disinhe∣rited his Son.
• 2. M. Anneius Carscola∣nus.
• 3. C. Tettius.
• 4. Sulpitia the mother of the Trachali.
• 5. Terentius.
• 6. Naevianus.
• 7. Juventius.

Let us now go to that sort of business, which a∣mong all the actions of Men, is the last thing done, and their chiefest care: And let us consider, what Wills have bin cancell'd after they were legally made; or might have bin cancell'd when they stood firm, and transferr'd the honour of Inheritance to others than those that expected it.

1. Which that I may do according to the order which I have proposed, I will begin with the Father of a certain Souldier, who hearing a false report of the death of his Son from the Camp, made other Heirs in his Will, and died. The Youngman re∣turning home after the war Was ended, found the dores shut against him, by the errour of his Father, and the impudence of his Friends. For how could they shew themselves more shameless than they did? The Souldier had spent the flower of his youth in his Countries Service, had undergone most dreadful Labours and Dangers, shewed the Wounds which he had received in Battle, and only begg'd that lazy Drones, a very burthen to the very City it self, might not possess his Ancestors Inheritance. Therefore laying aside his Armes, he was forced to commence a Gown-war in the Court of Justice. A hard case, while he is forc'd to contend for his Fathers estate with wicked Heirs before the Centumviri; though they could not choose but give their Opinions for him, while the Sentence of the Court gave him the day.

2. Marcus Anneius the Son of M. Carseolanus, a famous Roman Knight, adopted by Sufenas his Uncle, cancell'd his Fathers Will, who had left him out of it, by the Sentence of the Centumviri, before whom he tryed the Cause; though Tullianus, the familiar Friend of Pompey the Great, who was a witness to it, were made Heir. Therefore he had more to do with the power of a person potent in Court, than with the ashes of his Father. Yet though both did what they could to hinder him, he obtain'd his fathers Goods. For L. Sextilius, and P. Popilius, whom M. Anneius, as being his nearest Relations, had made Heirs of the same part which was given to Tullianus, durst not contend by their Otahs with the young man. Though they might have bin sent for at that time by the

highest Authorities then in being, to have defended the Will. And it was some pretence of the Heirs, that M. Auneius was translated into the Family of Su∣fenas. But the strong tye of procreation overcame both the Fathers Will, and the Authority of so great a Personage.

3. C. Tettius, an Infant born of Petronia the Wife of Tettius as long as he liv'd, being disinherited by his Father, was restored to his Inheritance by the De∣cree of the divine Augustus, doing like a Father of his Countrey: In regard that Tettius had so unjustly abrogated the paternal Name, by giving away his estate from a Son, so legally born to his own Right.

4. Septicia also, the Mother of the Trachali of Ariminum, being angry with his Sons, out of spite when she was now past child-bearing married Publicius an old man, and left both her Children out of her Will. Who appealing to the divine August••••, he disapprov'd both the Marriage, and disannul'd the Will. For he that the Sons should have their Mothers estate, and commanded the Husband to re∣store her Dower; because she did not marry out of hopes of having Children. I•• Justice her self had given sentence in this case, could she have pronounc'd a juster Sentence? Thou despisest those whom tho•• hast begot; thou marriest past Child-bearing; tho•• breakest the order of Wills out of a violent humo•••• and dost not blush to give all thy Patrimony to •• person, to whose feeble body thou hast prostitute•• thy old Age. And therefore, while thou thus b•• havest thy self, thou art cast down to Hell by th•• voice of heavenly Thunder.

5. Famous is the Constitution of C. C••lp••rui•• Piso, Praetor of the City. For when Terentius com∣plain'd before him, together with his eight Sons whom he had bred up to be men, that one of his So••

whom he had parted with in Adoption, had disinhe∣rited him; gave him the po••••••ssion of the young mans estate, and would not suffer the Heirs to go to Law. The Paternal Majesty of the man mov'd Calpurnius doubtless, together with the gift of Life, and the benefit of Education: but that which more moved him, was the number of his other Children that stood by, seeing seven Brothers and a Father disinherited by one Child.

6. How prudent was the Decree of Mamercus Ae∣milius Lepidus the Consul! Genucius, a certain Priest of Cybele, besought the Praetor of the City, Cn. Orestes, that the goods of Naevianus might be restor'd to him, the poss••ssion whereof he had by Will obtain'd. Ma∣mercus being thereupon appeal'd to by Surdinius, whose Freed-man had left Genucius his Heir, disan∣null'd the Praetors Sentence, saying, That Genucius, who had of his own accord suffered himself to be g••lt (for so are all the Priests of Cybele) was not to be rec∣kon'd either a man or woman. A Decree befitting Mamercus, befitting the Prince of the Senate; where∣by he provided that the Tribunals of Magistrates should not be polluted by the obscene presence, and scandalous voice of Eunuchs.

7. Q. Metellus was a much more severe Praetor than Orestes: Who would not give Vecilius, the Pan∣dar the possession of the Goods of Iuventius, left him by Will. For that noble and grave Personage did not think the condition of a Court of Judicature and a Brothel-house to be the same. Neither would he approve the fact of that man, who had thrown away his estate upon an unclean stable; nor give the same right to one that made a publick profession of Dishonesty, as to a Citizen of a good Conversati∣on.