When a Roman died, his heirs succeeded to all his property by hereditary right.  If he left no will, his estate devolved upon his relatives in a certain order prescribed by law.  The power of making a testament only belonged to citizens above puberty.  Children under the paternal power could not make a will.  Males above fourteen and females above twelve, when not under power, could make wills without the authority of their guardian; but pupils, lunatics, prisoners of war, criminals, and various other persons were incapable of making a testament.  The testator could divide his property among his heirs in such proportions as he saw fit; but if there was no distribution, all the heirs participated equally.  A man could disinherit either of his children by declaring his intentions in his will, but only for grave reasons,—­such as grievously injuring his person or character or feelings, or attempting his life.  No will was effectual unless one or more persons were appointed heirs to represent the deceased.  Wills were required to be signed by the testator, or some person for him, in the presence of seven witnesses who were Roman citizens.  If a will was made by a parent for distributing his property solely among his children, no witnesses were required; and the ordinary formalities were dispensed with among soldiers in actual service, and during the prevalence of pestilence.  The testament was opened in the presence of the witnesses, or a majority of them; and after they had acknowledged their seals a copy was made, and the original was deposited in the public archives.

According to the Twelve Tables, the powers of a testator in disposing of his property were unlimited; but in process of time, laws were enacted to restrain immoderate or unnatural bequests.  By the Falcidian law, in the time of Augustus, no one could leave in legacies more than three fourths of his estate, so that the heirs could inherit at least one fourth.  Again, a law was passed by which the descendants were entitled to one third of the succession, and to one half if there were more than four.  In France, if a man die leaving one lawful child, he can dispose of only half his estate by will; if he leaves two children, he can dispose only of one third; if he leaves three or more children, then he can dispose by will of only one fourth of his estate.  In England, a man can disinherit both his wife and children.  These, and many other matters,—­bequests in trust, succession of men dying intestate, heirs at law, etc.,—­were regulated by the Romans in ways on which our modern legislators have improved little or none.

In the matter of contracts the Roman law was especially comprehensive, and the laws of France and Scotland are substantially based upon the Roman system.  The Institutes of Gaius and Justinian distinguish four sorts of obligations,—­aut re, aut verbis, aut literis, aut consensu.  Gibbon, in his learned chapter, prefers to consider the specific obligations of men to each other under promises, benefits, and injuries.  Lord Mackenzie treats the subject in the order of the Institutes:—­