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By John W Barker

Research in past due byzantine statesmanship.

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Extra info for Manuel II Palaeologus (1391-1425). A study in late Byzantine statesmanship (Rutgers Byzantine series)

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1 The sons are encroaching on their father’s authority by acting as if his estate is already theirs to dispose of, even though he is still alive; in essence, they are acting ut quodammodo domini, “as if owners,” just as we would expect the sui heredes, or brothers, to act taking responsibility for their inheritance even without legal ownership. The father’s interpreta81 See also L. A. Sussman, “Sons and Father in the Major Declamations Ascribed to Quintilian,” Rhetorica 13 (1995): 179–92. I N H E R I TA N C E P R A C T I C E S 37 tion of the situation reflects the precarious balance inherent in the role of the sui heredes: the quodammodo is crucial to understanding brothers’ roles in the family while their father is alive.

D. 2, Jul. ] D. 25. When a father instituted a legitimate and a “natural” son reciprocally, a claim of cognate kinship by the legitimate son’s mother could overrule such a substitution, Paul. ] D. 45. pr. g. Marc. [1. ] D. , Ulp. [3 Fid. ] D. 4, Ulp. [2 Fid. ] D. 5, Papin. ] D. 59; cases involving this condition and brothers and sisters, Iul. ] D. 2, Scaev. ] D. 64, Scaev. ] D. pr. Similarly, a father who instructed his daughter not to make a will until she had children affirmed her brother’s right to inherit as closest agnate, Paul.

Fiscally responsible, son is captured by pirates, his disinherited brother ransoms him. Upon their return, the good son adopts his profligate brother, bringing him back into the family. In response, their father disinherits the good son. The good son argues that both he and his brother acted out of fraternal pietas: the one in rescuing, the other in adopting. 83 The father, however, sees their action not as fraternal devotion but as a challenge to his legal power as father. Although the legal arguments imply a strict application of patria potestas, they are intertwined with pietas.

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