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Updated: June 5, 2025
Sororum filiis idem apud avunculum, qui ad patrem honor. Quidam sanctiorem arctioremque hunc nexum sanguinis arbitrantur, et in accipiendis obsidibus magis exigunt; tanquam et in animum firmius, et domum latius teneant. Heredes tamen successoresque sui cuique liberi: et nullum testamentum. Si liberi non sunt, proximus gradus in possessione fratres, patrui, avunculi.
Wr. takes ad in the sense, in respect to: as in respect to a father, i.e. as they would have, if he were their father. Exigunt, sc. hunc nexum==sororum filios. Tanquam. Like Greek os to denote the views of others, not of the writer. Hence followed by the subj. Et in animum. In==quod attinet ad, in respect to. The commonly received text has ii et animum, which is a mere conjecture of Rhen.
The conversion of the solemn conveyance, which was the prominent feature of the original Nexum, into a mere question and answer, would be more of a mystery than it is if we had not the analogous history of Roman Testaments to enlighten us.
A definition which has descended to us from one of the Latin antiquarians describes nexum as omne quod geritur per æs et libram, "every transaction with the copper and the balance," and these words have occasioned a good deal of perplexity.
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