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.