We desire, by all means, that the frauds of decurions shall not in any way result in loss to the government, and that their schemes shall be frustrated by law. For We have ascertained that, after having deprived decurions of the power to make donations, and forbidden them to give possession of movable property, or to leave by will more than three-twelfths of their estates, and directed them to preserve nine-twelfths of the same for their curias, they are constantly committing fraud in violation of law. We, being aware that the ancient legislators entertained a doubt whether a donation mortis causa was really a gift or a legacy, some of them considering it to be one thing, and some another, have adopted the general opinion of the most eminent jurists by deciding without hesitation that such a donation is a legacy, and has no need of being recorded, and that the donor is at liberty to restrict it in any way that he chooses, and even to renounce his right of revocation, and insert in a donation mortis causa whatever he may think proper — a rule laid down by Julianus, which We Ourselves have inserted in the Thirty-ninth Book of Our Digest, for We have condensed in a small compass whatever it has pleased the ancients and Ourself to formulate. Therefore decurions, knowing this, have attempted to make donations mortis causa, and to insert therein the clause having reference to the power of revocation; and thus have given to their donations another object more in conformity with their purposes, in order to render their donations irrevocable, and in this way diminish their estates.

  But while We have already provided by law that decurions shall be deprived of every means of diminishing the nine-twelfths of their estates through bequeathing them by will, or alienating them by making donations, still, in order that We may be able more effectively to prevent the commission of fraud, We now decree that none of them shall be permitted to alienate anything whatever by a donation mortis causa; and We only authorize them to bestow property as an antenuptial donation for the benefit of their own children, or to grant it by way of dowry, as provided by Our Constitution, or to give it to their daughters on the occasion of their marriage, for it is certain that they cannot otherwise dispose of their immovable property; but, on the contrary, such property must always remain in their possession, and be liable to curial obligations, and they are only permitted to sell it, and this must be done in accordance with the terms of Our New Constitution. Other donations mortis causa shall, however, retain all their force, and men who are not decurions can make them in favor of any persons whom they may select, and are authorized to impose any conditions, and revoke the donation (if they should desire to do so), for everything concerning the conditions imposed upon a donation mortis causa shall be complied with, and all such donations shall remain firm and stable, as We have decreed in the first place, and now ratify by law; for at present We only interpret them, and confirm them with reference to all other persons, with the sole exception of decurions, as has already been stated; and We are induced to make this provision on account of Our solicitude for and interest in the welfare of the Empire.

  Your Glory will take pains to cause the rules which We have been pleased to enact and which are set forth in this law to be observed, and you must be the first to provide for what is beneficial to the government.