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[62] which latter he calls form, from definition and includes them under relation. For example, if a person to whom another man has left all his silver should claim all his silver money as well, he would base his claim upon genus; on the other hand if when a legacy has been left to a married woman holding the position of materfamilias, it should be maintained that the legacy is not due to a woman who never came into the power of her husband, the argument is based on species, since there are two kinds of marriage.1 Cicero2

1 There was the formal marriage per coemptionem, bringing the woman under the power (in manum)of her husband and giving her the title of materfamilias, and the informal marriage based on cohabitation without involving the wife's coming in manum mariti.

2 Cic. Top.

Quintilian. With An English Translation. Harold Edgeworth Butler. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1921.

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