THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CLXIV  ~
CONCERNING HEIRS.



 
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.