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Updated: June 17, 2025


Stichus lingered not, but brought in a white coverlet, and robe of state, and pray'd us to try if they were not fine wooll, and well woven. "And see you Stichus," said Trimalchio smiling, "that neither mice nor moths come at them, for if they do I'll burn you alive. I will be brought out in pomp, that all the people may speak well of me."

31 Still less is a legacy invalidated from a wrong motive being assigned by the testator for giving it: if, for instance, he says, 'I give and bequeath Stichus to Titius, because he looked after my affairs while I was away, or 'because I was acquitted on a capital charge through his undertaking my defence, the legacy is still good, although in point of fact Titius never did look after the testator's affairs, or never did, through his advocacy, procure his acquittal.

The following is an example of a conditional sale: 'If Stichus meets with your approval within a certain time, he shall be purchased by you for so many aurei. 5 If a man buys a piece of land which is sacred, religious, or public, such as a forum or basilica, knowing it to be such, the purchase is void.

For instance, in the otherwise very graceful examination which in the -Stichus- of Plautus the father and his daughters institute into the qualities of a good wife, the irrelevant question whether it is better to marry a virgin or a widow is inserted, merely in order that it may be answered by a no less irrelevant and, in the mouth of the interlocutrix, altogether absurd commonplace against women.

Anything, whether movable or immovable, which admits of private ownership, may be made the object of a stipulation; 1 but if a man stipulates for the delivery of a thing which either does not or cannot exist, such as Stichus, who is dead but whom he though alive, or an impossible creature, like a hippocentaur, the contract will be void.

Their superiority in this respect may be appreciated by comparing them with the extant fragments of Lucilius. In his metres he follows the Greek systems, but somewhat loosely. His iambics admit spondees, &c. into all places but the last; but some of his plays show much more care than others: the Persa and Stichus being the least accurate, the Menaechmi peculiarly smooth and harmonious.

A penal legacy is one given in order to coerce the heir into doing or not doing something; for instance, the following: 'If my heir gives his daughter in marriage to Titius, or, conversely, 'if he does not give her in marriage to Titius, let him pay ten aurei to Seius'; or again, 'if my heir parts with my slave Stichus, or, conversely, 'if he does not part with him, let him pay ten aurei to Titius. And so strictly was this rule observed, that it is declared in a large number of imperial constitutions that even the Emperor will accept no legacy by which a penalty is imposed on some other person: and such legacies were void even when given by a soldier's will, in which as a rule so much trouble was taken to carry out exactly the testator's wishes.

30 Closely akin to this rule is another, namely, that an erroneous description of the thing bequeathed does not invalidate the bequest; for instance, if a testator says, 'I give and bequeath Stichus my born slave, the legacy is good, if it quite clear who is meant by Stichus, even though it turn out that he was not born the testator's slave, but was purchased by him.

For instance, in the otherwise very graceful examination which in the -Stichus- of Plautus the father and his daughters institute into the qualities of a good wife, the irrelevant question whether it is better to marry a virgin or a widow is inserted, merely in order that it may be answered by a no less irrelevant and, in the mouth of the interlocutrix, altogether absurd commonplace against women.

35 If he demands the wrong thing in his statement of claim, the rule is that he runs no risk; for if he discovers his mistake, we allow him to set it right in the same action. For instance, a plaintiff who is entitled to the slave Stichus may claim Eros; or he may allege that he is entitled to a conveyance under a will, when his right is founded in reality upon a stipulation.

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