Controversia I BC
Cic. - Inv. (Cic.Inv.2.148-149)
Text
Lex : SI FURIOSUS EST, AGNATUM GENTILIUMQUE IN EO PECUNIAQUE EIUS POTESTAS ESTO. Et lex : PATERFAMILIAS UTI SUPER FAMILIA PECUNIAQUE SUA LEGASSIT, ITA IUS ESTO. Et lex: SI PATERFAMILIAS INTESTATO MORITUR, FAMILIA PECUNIAQUE EIUS AGNATUM GENTILIUMQUE ESTO. Quidam iudicatus est parentem occidisse et statim, quod effugiendi potestas non fuit, ligneae soleae in pedes inditae sunt; os autem obvolutum est folliculo et praeligatum; deinde est in carcerem deductus, ut ibi esset tantisper, dum culleus, in quem coniectus in profluentem deferretur, compararetur. Interea quidam eius familiares in carcerem tabulas afferunt et testes adducunt; heredes, quos ipse iubet, scribunt; tabulae obsignantur. De illo post supplicium sumitur. Inter eos, qui heredes in tabulis scripti sunt, et inter agnatos de hereditate controversia est.
Translation
There is a law: IF A MAN IS MAD, HIS AGNATES AND GENTILES SHALL HAVE POWER OVER HIM AND HIS PROPERTY; and another law: IN WHATEVER WAY A HEAD OF THE HOUSEHOLD HAS MADE A WILL CONCERNING HIS HOUSEHOLD AND PROPERTY, SO LET IT BE; and another law: IF A HEAD OF THE HOUSEHOLD DIES INTESTATE, HIS HOUSEHOLD AND PROPERTY SHALL GO TO THE AGNATES AND GENTILES. (149) A certain man was convicted of murdering a parent, and because there was no chance of his avoiding the penalty, the wooden sandals were immediately put on his feet, his had was covered and tied up with a bag and he was taken to prison to stay there until they could get ready the sack into which he was to be placed before being thrown into the river. Meanwhile some of his friends bring tablets and witnesses to the prison, they write a will naming as heirs those whom he whished; the tablets are sealed. Later he was executed. A controversy about succession arose between the heirs that were named in the will, and the agnates.
Main Characters
Murderess
Characters
Agnates, Friends
Issues
Ratiocinatio
Accusations
Succession
Narrative themes
Parricide, Testament
Legal references
Heritance (paterfamilias uti super familia pecuniaque sua legassit, ita ius esto), Heritance (si paterfamilias intestato moritur, familia pecuniaque eius agnatum gentiliumque esto), Insanity (si furiosus est, agnatum gentiliumque in eo pecuniaque eius potestas esto)