THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LI ~ |
TO
WHOM TREASURE TROVE SHOULD BELONG. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Everything
would be satisfactory and advantageous if We acted in accordance with
the beneficent laws of God, and We would have no reason to have recourse
to those of men if, directed by the light of the former, We pursued
Our journey safely; for then no necessity for human legislation would
exist. But as it is extremely difficult for all persons to leave the
filth and mire in which they are engulfed, and raise their souls to
the consideration of the Divine precepts, they are compelled to seek
safety in human wisdom. It is for this reason that it has been found
necessary to enact a law against those wealthy persons who, in spite
of the duty enjoined upon them by heaven to be charitable
and assist the unfortunate, and, without evincing any gratitude towards
Our Lord and Saviour, or any compassion for suffering humanity, instead
of lending a helping hand to the poor, retain their riches, and bury
them in the earth, as if they hated the light which rendered them visible.
This law was passed in former times, and afterwards, avarice, which
destroys the most excellent institutions, deprived it of its force,
but We now restore all its authority. It provided that when anyone found
a treasure on land belonging to the sovereign or on any other public
property, he must share it equally with the Treasury. Where the land
on which it was found was not public, and did not belong to the sovereign
but to someone else, he was compelled to share it in the same way with
the owner; and, finally, in case the premises belonged to him, he could
keep the entire treasure. These are the provisions of this law. Subsequently,
a perverse cupidity having nullified them, I do not know how, caused
the law to cease to be observed, and very unjustly made the Treasury
the beneficiary of the treasure. The consequence of this was that when
any persons knew of the existence of the concealed treasure, being well
aware that others would profit by their labors as they would employ
them in vain, and, on the other hand, that they would render themselves
liable to rigorous investigation if they neglected to acquire the treasure
and allowed it to remain perpetually concealed, they kept silent; while
if they had produced it, it would have been of great advantage to everyone.
Therefore We order that, hereafter, judgment shall be rendered in conformity
with the ancient law, and whenever any treasure is found, if this takes
place on public land, or on that belonging to the Empire, the finder
of the same shall share it with the Treasury; but when it is found upon
the premises of anyone else, the finder and the owner of the land upon
which it is found shall divide it between them. But if the finder should
be dishonest, and fail to produce all that he obtained, but keeps some
of it fraudulently and deceitfully, he shall reap no benefit from his
efforts, and shall, as a malicious concealer and thief of the property
of others, acquire none of the treasure whatever; but all of it shall
belong to the owner of the land. |
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