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slander , libel , sexual violation of minors or “ women of reputation .” In Vermont , slander and libel are torts , where damages may be awarded , and loss of consortium is among the claims a husband or wife might make in damage claims . 96
In Justinian , a judge who gave an unjust determination was guilty of a quasi-mal-feasance , through his imprudence and want of skill , and could be sued for damages . That action would also fit masters of ships , taverns , or inns for any damage or theft done by themselves or their servants . Vermont ’ s laws on the duties of innkeepers remain in force , although rarely used . There is no reported case in Vermont on a judge ’ s bad decisions justifying a damage award . 97
At the end of the Institutes , Justinian addresses sanctions for crimes . Death is prescribed as a penalty for force against the emperor or the republic . Vermont still has a death penalty for treason . 98 Death comes to adulterers and those who “ commit acts of detestable lewdness with persons of their own sex ,” murderers , those who carry weapons with intent to kill another , those who practice odious acts or sell pernicious medicines that cause death or by magical incantations . It comes to makers of false wills or contracts and counterfeiters and rapists . Deportation is the criminal sanction for theft . Vermont no longer prohibits adultery or homosexuality or magic . Threatening
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to kill is a crime , as is counterfeiting and rape , but none brings death . Deportation is no longer in the arsenal of sanctions in Vermont . 99
Debauchers of virgins or widows “ of honest fame ,” without force , lose an unspecified portion of their possessions . Sexual assault is a crime in Vermont , punishable by imprisonment . 100
Title 14
Under present Vermont law , a will is effective if signed by the testator and two witnesses , together in one place observing each other sign . 101 Justinian ’ s Institutes orders that seven witnesses observe the signing of a will , sign and seal it , in the presence of each other and the testator . 102 No woman or minor under puberty , slave , or mute or deaf person could serve as a witness , nor any heir . Nor could any of those people make a will . 103 Codicils were recognized by Roman law . 104
Nuncupative wills — disposing of property verbally , in anticipation of death--are recognized by Justinian and the V . S . A . 105 But Vermont limits this to estates of $ 200 or less and only when a contemporaneous memorandum is made within six days of the making of it .
Soldier ’ s and sailor ’ s wills are enforceable in Vermont , if made when in actual service
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or at sea . The same requirement of “ actual service ” was required by Justinian . 106
The Institutes discouraged disinheritance of sons and daughters by fathers , and required the father to state he was passing over his son in the will , or the law would assume the son was entitled to his share . Posthumous and adopted children were recognized as heirs by Justinian . The Institutes are specific as to what words are needed to disinherit . Children born from cohabitation cannot inherit from the father , even if the mother and father are subsequently married . You can cut your children out of your will today , but no competent lawyer will write a deed that isn ’ t specific about the disinheritance . 107
Justinian recognized that adoptive children have fewer rights and privileges than natural children . When emancipated , they become strangers . They are no longer sons or daughters . 108 In Vermont , once adopted , children have all the rights of natural children . 109
Children are first in succession in the Institutes , but have the right to renounce the inheritance . That right is preserved in Vermont , if done within nine months after the death of the decedent or when the recipient is finally ascertained . 110
Wills conveying property to individuals under Justinian fix the rights of the legatee . If the testator sold or conveyed the prop-
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Ruminations |