An application made to Us by certain decurions has afforded Us the opportunity of promulgating a good law. And We enact it, not merely as applicable to certain decurions but to those who are subject to Our authority. We mean to such as are in the East, as well as to all who are included within the limits of the Empire. For, remembering that Our predecessors were solicitous for the welfare of decurions, and to the collation of their property in the curise, the result of this has been that some persons have become members of the curia, and others have been released from curial obligations. We now grant permission to decurions to appoint heirs, not only among the decurions of the same city (for they are permitted to do this at the present time), but even to appoint as heirs persons who are not subject to curial duties, when they desire to do so; but on the condition that he or they who are designated shall, in every respect, take the place of the deceased, that is to say, shall be invested with the curial status, and perform the functions of decurions; and, under these circumstances, those who are appointed heirs shall be entitled to the estate without opposition. We are sure that the amendment included in the present law will have such an effect that the curia will thereby acquire great wealth; that the decurion and his property will, in the future, derive substantial benefit from this legislation; and that the curia will flourish on account of the large number of its members to whose fortunes it will be entitled.

  Therefore We order that when decurions make their wills, they shall be permitted to designate as heirs either any persons whom they may select, or other decurions of the same city (We authorize them to do this by Our law), or any members of their families or even strangers, whether they are decurions or not; and We permit them to appoint the said heirs to any share under nine-twelfths of their estates, or to all of them, under the condition, however, that they shall give themselves to the curia, join the body of decurions, and discharge their official duties. This rule shall be applicable to children, grandchildren, and other descendants; but it shall not be observed in the same way prescribed by the constitution having reference to those who offer themselves to the curia, which directs that the offspring of persons who have offered themselves in this way shall not belong to the curial condition; but persons who bind themselves to the curia shall be deeurions, just as if they had been so from the beginning, and as if they had, through their families, been united with the curia, had had their names inscribed upon its register, and had been included in the body of decurions. For there is no difference whatever between appointing as heir one who is a member of the same curia, or appointing one who will soon become such.

  But where a blood-relative is living who, being exempt from curial obligations, may be called to the succession of a decurion that died intestate, and he wishes to become a member of the curia, he shall be permitted to do so, and he can have his name inscribed upon the register within six months. He will then become a decurion; along with his successors his property will pass to the Order, and will be the heir of the deceased; for as the fortune of anyone who has once succeeded to an inheritance (whether he is already a decurion, or becomes one hereafter) belongs to the curia, he can claim nothing of the estate of the deceased, so far as one-fourth or nine-twelfths of it are concerned. But where anyone has given a large portion, or nine-twelfths of his property, to a decurion of the same city, or to anyone else, and then offers himself together with the remainder of his estate and the offspring which he already has, or which he may have hereafter, to the curia to which he belongs, We decree that this generous act shall take effect only under the condition that the donee becomes a decurion, for We desire constantly to take precautions to prevent the property of decurions from being in any way diverted from the curia, of which they are members.

  But in order that these things may take place without the appearance of collusion, and that certain persons, having obtained the estates of decurions either through donations or by will (as We have previously stated), or where they pass in case of intestacy, may not, by virtue of such gifts, attempt to enjoy said property without offering themselves to the curia, We order that if, as has already been stated, the donor has made a gift, the property shall not immediately be transferred to the donee, but shall remain in possession of the donor until the person who has accepted the donation has bound himself to the curia, by means of an instrument executed gratuitously, and without expense, before the judge of the province, in the manner already prescribed; and that as soon as his name is inscribed upon the register of decurions his property shall be delivered to him. But where the donor has already transferred the property to the donee, and the latter has not yet announced his intention of becoming a member of the curia, three-fourths of the said property shall be reserved, which We desire, by all means, to be acquired by it.
  (1) If anyone who is not a decurion should be entitled to the estate of a member of the Order either by will or ab intestato, the curia, will share the inheritance with him; and immediately after the death of the decurion, an inventory shall be drawn up without any loss resulting therefrom, in the presence of the defender of the city and of the person called to the succession; the property shall be delivered to the curia under the seal either of the defender or of the bishop; and when the aforesaid statement has been committed to writing before the judge of the province, and the heir has (in conformity with what has frequently been stated) become a member of the curia, and his rights and any offspring which has been or may subsequently be born to him have been duly transferred to the curia, he shall then receive the property given and become the owner of the same, just as if he had been a decurion in the first place, and he will not appear to differ from one born in that condition. The judge of the province will receive without compensation or expense the document by which the obligations to the curia are assumed. We do not promulgate this law for the purpose of injuring the curia, and subjecting it to loss, but, on the contrary, for its benefit, and We desire that it shall be valid for all time, since through the accession of wealth and numbers it increases the power and the resources of decurions. Where, however, he who is called to the succession of a decurion who died intestate is not himself a member of the Order, and is unwilling to accept the estate, and devote himself to the curia, the latter shall be entitled to three-fourths of the property, and the heir shall be the owner of only the one-fourth, which the previous law allots to him, even thougTi he may not be a decurion. Where several heirs in the same degree are called to the succession of a decurion, and some of them become members of the curia, and others refuse, he or they who devote themselves to it shall be entitled to three-fourths of the estate, and the heirs at law shall obtain the other fourth; for We are desirous that three-fourths of the same shall pass without diminution to the decurions of the city.

  But if a decurion should die leaving a daughter who is married to another decurion of the same town, there is no doubt that she will receive the entire estate of her father, or at least three-fourths of it, when he desires to leave one-fourth to someone else; but where she had not already become the wife of a decurion, and he who married her consents to become one and assume the curial obligations, the marriage will be valid; the husband will unquestionably be entitled to administer three-fourths of the estate on account of his good- will to the curia, for which reason We wish three-fourths of the property to be transferred to his wife; and he shall assist in the conduct of the affairs of the municipality. But when there are several daughters, some of whom are married to men who are already decurions, or to others who become such by the assumption of curial duties, three-fourths of the estate shall be divided among them, and one-fourth among the other daughters; but the men who have married the daughters of the decurion shall use their property for the benefit of the curia, even though the ownership of said property may be vested in their wives; for We have given the estate of the father to the latter in order to compel their husbands to perform the functions of decurions. When a woman married to a man who has become a decurion dies, and she has had male children by him, the estate will pass to these children, who themselves will become members of the curia, and the transmission of the estate will take place without further ceremony.
  (1) If, however, the children should be daughters, and some of them have married men who are already decurions, or who have devoted themselves to the curia in the same town, they shall also be entitled to the estate without any hindrance, by reason of being subjected to the performance of the curial duties through the medium of their husbands. But if, among the daughters whom the wife of the deceased decurion has left, there should be any who are not married to decurions, and others who are the wives of men that are already decurions, or will become so hereafter, then, in accordance with the division formerly established, the daughters married to decurions will have a right to three-fourths of the estate, and their husbands shall discharge the curial functions in their behalf, and the other daughters will be entitled to one-fourth. Where, however, a woman married to a decurion leaves either male or female children, her husband will enjoy the usufruct of the property as long as he lives, on condition of his discharging curial duties. If he marries a second time, and becomes the father of male or female children, and his daughters marry decurions, his children shall also hold the property for the benefit of the curia; and if he dies, or does not contract a second marriage, or if, having daughters, he does not marry them to men who are already decurions, or who will become such, then the curia will acquire the property in regular order. For We never allow this share of an estate and the functions of decurions to be alienated, or where this kind of a succession passes to several persons, We desire that three-fourths of the estate shall be reserved for the curia by all the lineal descendants, either through the male children of decurions, or the sons-in-law of the latter who assume curial obligations. This law shall be observed for all time in cases which are still pending and have not been decided by judicial decision or amicable intervention.

  Your Excellency will hasten to cause to be observed what has seemed to Us to be proper to promulgate by this Imperial Law, and you will especially make provision for everything which concerns the public welfare.