[IDEM libro sexagesimo secundo digestorum. ] §28.6.28.prLex Cornelia, quae testamenta eorum qui in hostium potestate decesserunt confirmat, non solum ad hereditatem ipsorum qui testamenta fecerunt pertinet, sed ad omnes hereditates, quae ad quemque ex eorum testamento pertinere potuissent, si in hostium potestatem non peruenissent.
[THE SAME, Book 62 of Digests.] The Cornelian law, which validates the testaments of those who have died in the power of the enemy, applies not only to the inheritance of those very persons who made the testaments, but also to all inheritances which could have belonged to anyone under their testaments, if they had not come into the power of the enemy.
quapropter cum pater in hostium potestate decessit filio impubere relicto in ciuitate et is intra tempus pubertatis decesserit, hereditas ad substitutum pertinet, perinde ac si pater in hostium potestatem non peruenisset.
Therefore, when a father has died in the power of the enemy, leaving an impuberal son in the state, and the latter has died within the age of puberty, the inheritance belongs to the substitute, just as if the father had not come into the power of the enemy.
sed si pater in ciuitate decessit, filius impubes apud hostes, si quidem mortuo patre filius in hostium potestatem peruenerit, non incommode dicitur hereditatem eius ex ea lege ad substitutos pertinere: si uero uiuo patre filius in hostium potestatem peruenerit, non existimo legi Corneliae locum esse, quia non efficitur per eam, ut is, qui nulla bona in ciuitate reliquit, heredes habeat.
But if the father has died in the state, and the impuberal son is among the enemy, provided that the son came into the power of the enemy after the father's death, it is not improperly said that his inheritance belongs to the substitutes by virtue of that law. But if, while the father was still living, the son came into the power of the enemy, I do not think there is room for the Cornelian law, because it is not effected by it that he who left no property in the state should have heirs.
quare etiam si pubes filius uiuo patre captus fuerit, deinde mortuo in ciuitate patre in hostium potestate decesserit, patris hereditas ex lege duodecim tabularum, non filii ex lege Cornelia ad adgnatum proximum pertinet.
Therefore, even if an adult son has been captured while his father was living, and then, after his father has died in the state, has died in the power of the enemy, the father's inheritance belongs to the nearest agnate under the Law of the Twelve Tables, not that of the son under the Cornelian law.