THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CLXIV ~ |
CONCERNING
HEIRS. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
PREFACE. |
There
is nothing superior to God and justice, for without their aid nothing
can properly be accomplished, and especially is this the case
in Our Empire. Hence it is
only by loving God and dispensing justice that We can hope to reign
with equity, to secure the affection of Our subjects, and obtain from
them the greatest devotion. However, although We are occupied with many
things of importance, and as the Romans are constantly becoming greater
through their virtues, and conquered barbarians daily submit to their
authority; and as We have received from God and justice the sceptre
of Empire, We do not consider it unworthy of Us to direct Our attention
to the private interests of Our subjects. And, as We have placed matters
which were previously confused in a much better condition, We have deemed
it proper to decide, in a manner agreeable to God, some questions relating
to successions which have long been neglected. For We have ascertained
that certain vagabonds have been in the habit of interfering with the
estates of deceased persons; that they have opposed the execution of
their wills; and have even prevented the acquisition of intestate successions
by placing seals upon personal property, and attaching notices to that
which is immovable, hoping in this way to obtain it; conducting themselves,
however, in a legal and orderly manner. Therefore as it was impossible
for Us to become perfectly familiar with such a great number of cases,
it seems to Us to be advisable to make a general provision for them
by the promulgation of a positive law. |
CHAPTER I. |
Hence
We decree that all Our subjects shall remain in the free enjoyment of
their property, and their rights, and transmit them to their heirs.
No one, without exception, shall interfere with the patrimony of others;
injure the heirs of a deceased person; or, in violation of Our laws,
place seals or notices upon any property which does not belong to him.
For We confirm the order of intestate succession to which everyone is
called according to his degree, and We do not render the last wills
of dying persons void whenever they have been lawfully executed. We
exert every effort for the government of Our tributaries by means of
salutary enactments, and as We take the greatest interest in their welfare,
why should We not provide for them in this manner also, and confer Our
benefits upon them? For We are fully persuaded that this course is pleasing
to God, and We know that it is consonant with virtue, and that by such
actions Our Empire will be strengthened everywhere, and rendered tranquil
in the future. This
law of Ours will be included among Our most praiseworthy deeds; Our
subjects will be freed from their former annoyances; and, having been
rendered worthy of Our indulgence, they will return thanks to God and
to Us; they will propitiate the Divinity with prayers; so that, after
the enemy has been conquered, We can obtain for them greater security. |
EPILOGUE. |
Therefore
the Stewards of the Imperial Households will see that the provisions
which We have been pleased to enact by the present law are observed;
and officials invested with superior or inferior magisterial jurisdiction,
either in this city or in the provinces, will be liable to capital punishment,
if they violate them. Your Glory will cause this constitution to be
posted in the most public places of this Capital, and will, by means
of orders issued for that purpose, transmit it to the provinces.
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