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WILLS
Amongst the ROMANS the most ancient form of will is the testamentum comitiis calatis, called thus, because it was drawn up in the patrician comitia calata (q.v.) at which the pontifex was present. Besides this form, of which only patricians could avail themselves, one which plebeians could we was introduced in the time of the kings, the testamentum in procinctu. This consisted in a verbal declaration made by a soldier, who was a citizen, in the presence of three or four of his comrades, while the general was taking the auspices before joining battle. Both these forms were superseded by the testamentum per as et libram or per familiae mancipationem, called mancipatio (q.v.), on account of the proceedings observed on the occasion. By means of a feigned sale the testator handed over his fortune (familia) to a feigned purchaser (familiae emptor fiduciarius) in the presence of six witnesses, on condition that he divided it among those nominated as the testator's heirs on his death. This process was simplified in later times, although, for the sake of form, the familiae emptor was retained; but a single person was appointed heir, and charged with the duty of paying the individual legacies. If the testamentary disposition was delivered in writing, as was regularly the case, the witnesses sealed the will, and each one signed his name near the seal. The deed was deposited with a friend or in a temple, or with the Vestal Virgins, and, after it had been opened in due course, a copy was made and the original placed in the public archives. The form of the praetorian will was still simpler. It was sealed before the praetor in the presence of seven witnesses. In the time of the emperors, soldiers enjoyed the privilege of making wills in any form they pleased, which were perfectly valid if the soldier died in the service or within the first year of leaving it. The testamentum per as et libram was abolished in 439 A.D. by Theodosius II, and the form of the praetorian will was changed to the simple one of the Justinian law, by which a man could legally register his will. The right of making a will (ius testamenti factionis) was only possessed by independent Roman citizens and Vestal. Virgins, and only those women besides who, by the death of the person in authority over them, bad come into the possession of legal rights (sui iuris) though only With the approval of their guardians. (See TUTOR.) Sons Who were under parental control were granted the privilege under Augustus as a reward for their services in the field (peculium castrense). Under Constantine it was granted as a reward to persons holding a civil office. Slaves and those who were not Romans (peregrini) had not the right of making a will, yet the former might be testamentary heirs, if they received their freedom at the same time, and the latter might receive a bequest in trust. In order to prevent the accumulation of property in the hands of women, the Lex Voconia (169 B.C.) forbade women being appointed heirs [in cases where the testator's property exceeded £1,000], but permitted them in to receive a legacy that did not exceed half the amount of the inheritance. In the interest of blood relations the Lex Falcidia (40 B.C.) established that only three-quarters of the heritage should be distributed in legacies, and that at least one-quarter should fall to the share of the natural heir. Augustus ordained that unmarried (caelibes) and childless (orbi) persons should only inherit from relations within six degrees. The former in particular were to be deprived of the whole of their bequests, unless they married within a hundred days; the latter were only to receive half; he also laid a tax of five per cent on testamentary property. Not to be mentioned in the will was tantamount to being excluded from the inheritance; it was however the custom to mention disinherited children especially by name, and to add the reason for their being disinherited. All those were considered the principal heirs (heredes), who received shares that could be expressed in terms of a recognised fraction of the as, which was divided into twelve uncioe. The sole heir was called heres ex asse; the co-heirs, on the other hand, were designated according to the share of their inheritance; for instance, heres ex triente, heir to a third part. (See also INHERITANCE.) Winds were regarded by Greeks and Romans alike as divine beings. In Homer, who only mentions the four chief winds, Boreas (North), Zephyrus (West), Eurus (East), and Notus (South), they are, according to one account [Od. x 1-75], committed by Zeus to the charge of Aeolus (q.v., 2). But elsewhere they appear as independent personalities, who, dwelling in Thrace [Il. ix 5, of Boreas and Zephyrus), display their activity at the command of Zeus and other gods, and are invoked by men with prayers and sacrifices [Il. xxiii 195]. Hesiod [Theog. 378] calls these winds children of Astraeus and Eus, and distinguishes them as beneficent beings from the destructive winds, the children of Typhoeus [Theog. 869] Some particular myths speak only of Boreas and Zephyrus (q.v.), from whom, on account of their swiftness, famous horses were Supposed to be descended. Thus [in Il. xvi 150) the horses of Achilles are called the children of Zephyrus and Podarge, one of the Harpies (see HARPYLE.). The latter, in accordance with their original nature, are also deities of the wind, or rather of the storm. In historical times the cult of the winds in general, or that of Boreas or Zephyrus in particular, flourished at special places in Greece. In Italy also they were held in much veneration, particularly the fractifying wind Favonius, which corresponded to Zephyrus. In Rome the tempests (tempestates) had a sanctuary of their own with regular sacrifices at the Porta Capena, which was founded in 259 B.C., in consequence of a vow made for the preservation of a Roman fleet in a storm at sea. Roman generals when embarking usually offered prayers to the winds and storms, as well as to the other gods, and cast offerings and bloody sacrifices into the waves to propitiate them. To the beneficent winds white animals were offered, and those of a dark colour to the malignant equinoctial and winter storms. The victims were generally rams and lambs. In works of art the winds are usually represented with winged head and shoulders, open mouth, and inflated checks. The most noteworthy monument, from an artistic point of view, is the Tower of the Winds (q.v.) still standing in excellent preservation at Athens, on which eight winds are represented (Boreas, N.; Kaikias, N.E.; Apeliotes, E.; Eurus, S.E.; Notus, S.; Lips, S.W.; Zephyrus, W.; Argestes or Sciron, N.W.).
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PLACE HOLDER FOR COUNTER
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