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19 Roman Legal Trad. 1 (2023)

handle is hein.journals/rltrad19 and id is 1 raw text is: The Practice of Men and the Enactments of Emperors: Dynamics of Change in the Mechanics of Testaments Elizabeth A. Meyer* Abstract - This paper analyses the historical accuracy of a statement made in Justinian's Institutes about the development of the late- antique tripartite will, and finds that the enactments of emperors are given too much credit, and the practice of men too little. The paper follows the chronologically uneven and geographically disparate ways in which writing came to be used in wills, and notes the ways in which the problems writing could pose were systematically ignored by imperial enactments until very late. Justinian, Institutes 2.10.3. Sed cum paulatim tam ex usu hominum quam ex constitutionum emendationibus coepit in unam consonantiam ius civile et praetorium iungi, consti- tutum est, ut uno eodemque tempore, quod ins civile quodam- modo exigebat, septem testibus adhibitis et subscriptione testium, quod ex constitutionibus inventum est, et ex edicto praetoris signacula testamentis imponeretur ... subscrip- tiones autem testatoris et testium ex sacrarum constitutionum observatione adhibeantur .... But since gradually, as much from the practice of men as from the emendations of enactments, there came to be a joining of the civil and praetorian ius into one harmonious unit, it was T. Cary Johnson, Jr., Professor of History in the Corcoran Depart- ment of History at the University of Virginia. This paper is a different, more extensive, and more authoritative version of E. A. Meyer, Practice, Emperors, and the Mechanics of Testaments, in W. Eck, F. Santangelo, and K. Vissing, eds., Emperor, Army, and Society. Studies of Roman Imperial History for Anthony R. Birley (Bonn 2022), 337-47, which was written under time and length constraints. I thank the editors of that article for permission to publish this version here. My thanks also to J. E. Lendon, M. Peachin, P. J. du Plessis, and A. J. Woodman, as well as the readers for, and editor of, this journal. All translations are my own, and all dates are AD (and in brackets) unless otherwise indicated. Roman Legal Tradition, 19 (2023), 1-21. ISSN 1943-6483. Published by the Ames Foundation at the Harvard Law School and the Alan Rodger Endowment at the University of Glasgow. This work is licensed under Creative Commons License CC BY-SA 4.0. Copyright® 2023 by Elizabeth A. Meyer. romanlegaltradition.org. DOI 10.55740/2023.1

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