| THE NEW CONSTITUTIONS OF THE EMPEROR LEO. | 
| ~ XXXVI ~ | 
| THE 
          SON OF A CAPTIVE SHALL BE HIS HEIR. | 
| 
 | 
| ( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). | 
| The 
          Same Emperor to the Same Stylianus.  | 
|  
            As 
          the laws are the support and the foundation of government, in order 
          that the latter may be preserved, it is necessary for legislation to 
          remain unimpaired. But who can say that the soundness of the law consists 
          of anything but equity? Therefore We, exerting Ourselves to see that 
          the laws of Our Empire are just, have noticed that the one which excludes 
          the child of two married persons who are in captivity from the succession 
          of one of them when he or she dies in the hands of the enemy, cannot 
          be called equitable, We have desired to render it so. It is not difficult 
          to ascertain in what respect it is unfair, for what influence ought 
          the nature of the place to have over the appointment of a son as heir? 
          Nor indeed, should anyone advance as an objection that when a father 
          is a captive, his son is disinherited on account of his servile condition. 
          For how can the Civil Law which, when a captive has been released, recognizes 
          him as free, not permit his freeborn son to be his heir, while it grants 
          the administration of the property of one who is in the hands of the 
          enemy to a person who is alleged to be a slave? To whom is it thought 
          that the property of a captive should belong? Should it pass to his 
          cognates? And why should the servile status not prevent them from entering 
          upon the estate, and why should it not be granted to those who, not 
          long before, were the heirs? Or should it be given to the Treasury? 
          And why is this not 
          an obvious injury? For if it is not consonant with reason for the children 
          of captives to obtain relief from the public, why should it not be a 
          manifest wrong for the son of a captive to be deprived of his property, 
          and it be transferred to the Treasury? And as fathers are frequently 
          punished with death for the commission of serious crimes, and their 
          children are not prevented by law from acquiring their estates, what 
          reason is there, when their parents have done themselves credit through 
          their pious intentions (and, indeed, having shed their blood in testimony 
          of their faith, they have often elicited the admiration even of impious 
          persons, on account of their courage and magnanimity), that their children 
          should not be permitted to become the owners of their estates? This 
          Constitution does not seem to Us to be worthy of Our Majesty, and therefore 
          We decree that hereafter a child, whether it was born while its father 
          and mother were in captivity, or when its mother was free, shall be 
          the heir of the estates of its parents, whether both of the latter recover 
          their freedom, or after one has been liberated the other dies in the 
          hands of the enemy, or even when both of them die before being liberated; 
          for in all these instances their heirs shall be those appointed by will, 
          so that their son will be entitled to the third of their estates, as 
          his lawful share of the same. | 
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