Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/98

70 The protection of minors, mentioned above, was an interesting feature of Roman Law but must often have been very embarrassing in practice. Whatever business a minor had conducted, a sale, a purchase, a loan, a pledge, acceptance of an inheritance, agreement to an arbitration, etc., if it was shewn that he had been in any way deceived or overreached or had suffered from want of due vigilance, application might be made to the Court, to have the matter rescinded, provided he had not acted fraudulently and there was no other remedy. The Court heard the parties, and if it found the claim just, put the parties back, so far as possible, into their old positions. This was called in integrum restitutio. The application had to be made within (originally) one year after the minor's completing his twenty-fifth year, and would be rejected if after this age he had in any way approved his former act or default. Justinian extended the period to four years.

A similar reinstatement was sometimes granted to persons of full age, if it were shewn that they had suffered serious loss owing to absence on the public service, or to captivity, or fraud, or intimidation. Or the reverse might be the case: similar absence of others might have prevented plaintiff from bringing a suit or serving a notice within the proper time: reinstatement might then sometimes be obtained.

A person, who had been taken captive by the enemy and returned home with the intention of remaining, was held to re-enter at once into his old position, his affairs having been in the meantime in a state of suspense. This was called the law of postliminium (reverter). His own marriage was however dissolved by his captivity, as if he were dead, though his relation to his children was only suspended till it was known whether he would return.

Slaves and other chattels taken by the enemy, if brought back into Roman territory, similarly reverted to their former owners subject to any earlier claims which attached to them. Anyone who ransomed them from the enemy had a lien for the amount of the ransom.

was often preceded by betrothal, that is by a solemn mutual promise. The consent of the parties was required, but, if the woman was under her father's power, she was presumed to agree to his act unless she plainly dissented. The age of seven was deemed necessary for consent. The restrictions on marriage applied to betrothal, and a betrothed person was for some purposes treated in law as if married. Betrothal was usually accompanied by gifts, as earnest from or on behalf of each party to the other. If the receiver died, the giver had a right to its return, unless a kiss had passed between them, when the half only could be recovered (336). Breach of the contract without good cause, such as lewd conduct, diversity of religion, etc., previously unknown to the other, at one time involved a penalty of fourfold (i.e. the earnest