THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  LXVI  ~
NEW CONSTITUTIONS SHALL BECOME OPERATIVE TWO MONTHS AFTER THEY HAVE BEEN RECORDED. INDULGENCE IS SHOWN TO TESTATORS WHO HAVE NOT LITERALLY COMPLIED WITH THE PROVISIONS OF CONSTITUTIONS RELATING TO WILLS, WHERE THEY HAVE LEFT LESS THAN A FOURTH OF THEIR ESTATES TO THEIR CHILDREN, AND HAVE NOT AFFIXED THEIR SIGNATURES, OR MENTIONED THE NAME OF THE HEIR.



 
S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).
 

 
  The Emperor Justinian to John, Most Glorious Praetorian Prefect of the East, Twice Consul and Patrician.
PREFACE.
  Events which constantly occur afford Us the occasion of enacting laws, for many additions have been made by Us to the Constitutions which We have drawn up with reference to successions, (for instance, "it is necessary for a testator to write the name of the heir with his own hand; of how many twelfths the Falcidian portion must consist which parents leave to their children, where they are three, four or more in number"), and many wills run the risk of being considered void if their provisions are not complied with. But as statutes, although enacted, are not known in the provinces, or, perhaps, have not yet been published in this city, or communicated to anyone, We have deemed it necessary to correct this by means of a brief law.
CHAPTER I.
  Therefore We decree that Our Constitutions relating to wills shall become operative from the date of their publication. We also decree that they shall be applicable in the provinces from the moment that they have been promulgated by the metropolitan, or immediately afterwards, in order that (as has previously been stated) men who make wills may not appear to have acted in disobedience to the law. And in order that this may be more clear, We hereby order that where a law of this kind is drawn up on this subject, it shall become operative everywhere within two months after having been recorded, either in this Most Fortunate City, or in the provinces, as this term is sufficient to make it known to all persons after it has been placed upon record, so that the notaries may become familiar with its contents, and that Our subjects, being informed of its provisions, may comply with them. In this way no one will have any good reason for not obeying Our law. We do not wish the wills of deceased persons to be disregarded, and, indeed, We use every effort to cause them to be observed. For why should We blame those who are ignorant of the enactment of Our Constitution, where testators have died only a short time after the law was made, and when, as yet, its existence was not known to them, and for this reason they did not write the names of their heirs with their own hands, or left only three, instead of four-twelfths of their estates to their children; and whether a law has or has not yet been enacted, but has not yet been published, is it not on this account justly ignored?
  (1) Therefore, although up to this time an ancient constitution existed, which was included in the Code of Constitutions bearing Our name, and provides that the name of the heir shall be written in the hand of the testator himself, still many persons have made wills in violation of this provision simply because they were not aware of it. Information of these omissions has, hitherto, frequently been communicated to Us, but We have always been indulgent to those who were at fault, as it happened that the laws which were violated had not yet been published. We have issued Imperial pragmatic sanctions with reference to this matter, granting those who ask for it proper relief. And in order to be no longer annoyed, and compelled every day to promulgate pragmatic sanctions on this subject, We hereby decree (as already stated) that the ancient law included in the Justinianian Code shall become operative in this city from the date of its record, and in the provinces from the time it was despatched to, and published in, each capital or other city. For, Our Code having been sent to every part of the Empire, after the expiration of a considerable time its contents cannot legally be ignored.
  (2) We desire that the other Novel which is included among the number of the constitutions issued after the Code, and which sets forth what should be left to children, shall take effect in this Most Fortunate City, and in the provinces, two months after it has been recorded, as We have already stated. We have made two uniform copies of this Novel, one of which is written in Greek, on account of the large number of persons to which this language is familiar; and the other is in Latin, which is better adapted to the proceedings of the government; and the said law is dated on the Kalends of March, but was not recorded at that time, but was, on the Kalends of April, addressed to Solomon, Most Glorious Praetorian Prefect of Africa.
  (3) For the reason that the copy written in Greek was not immediately published, and was not addressed in this city to its Most Glorious Praetorian Prefects, or recorded by them until the month of May, We direct that the legislation which it introduces with reference to the share to be left children by will may be observed in this city after the Kalends of May, to which time We add two months; and in the provinces, We also add two months more from the date of its publication, after it has been recorded. If it has not yet been despatched to all the provinces, this shall be done immediately, together with the other constitutions which have not yet been sent, and those which, with the aid of God, We may hereafter promulgate, in order that Our Constitutions may now and hereafter become known in all metropolitan cities. As soon as the Governors of provinces receive them, they must despatch them to all cities within their jurisdiction, so that, for the future, no one may have an opportunity to allege ignorance of their existence.
  (4) Therefore wills previously executed shall be entitled to just indulgence; the testamentary dispositions of deceased persons shall be carried out as they desire them to be, even though they have recently been made, and testators did not, in accordance with the provisions of the present law, write the names of their heirs with their own hands, or did not mention them in the presence of witnesses, or did not leave more than three-twelfths of their estates to their children. For (as We have previously stated) We do not desire the testamentary dispositions of deceased persons to be disregarded, but We absolutely confirm them; so that if wills have been executed shortly after the enactment of the law, and when it was not yet promulgated, even though surviving testators may have made no change in them, they shall still be valid, just like those which have been executed in the beginning in compliance with already existing laws; and they shall have full effect, and shall not be contested on the ground that the testators did not change them during their lifetime. For We are not Our own masters, and have not always time to make a final disposition of our property, for frequently men are attacked by death, and are deprived of the power of testation. Wherefore We think that testamentary dispositions which have been regularly made in the first place, and not subsequently changed, should not be rewritten, or considered void, but that the wishes of testators should always be considered valid, and remain unaltered; as, indeed, it would be absurd for what had been properly done in the first place to be afterwards changed, when a new law had not yet been published.
  (5) Therefore, in short, it may be said that (where anything of this kind happens) the children shall receive the three-twelfths left to them by the wills of their fathers, whether this has been done before or after the enactment of the law, but previous to its communication to the magistrate. If it was added in the will that the lawful share due to the children was left to them in accordance with the laws then in force, the children shall take it in conformity to the ancient laws; so that if anything should be lacking to the three-twelfths to which they are entitled, this shall be supplied in compliance with the said law, but they shall not obtain four-twelfths of the estate, for the law providing for this was, at that time, not yet known.
EPILOGUE.
  Therefore Your Eminence will, by means of suitable proclamations, communicate the matters which it has pleased Us to enact by means of this law to all the inhabitants of this great city and its suburbs; in order that what We have authorized for the public welfare may become clear to everyone.
  Given at Constantinople, on the Kalends of March, during the eleventh year of the reign of Justinian, and the Consulate of John.