CONCERNING NATURAL LINEAGE.
TITLE I. CONCERNING THE DEGREES OF RELATIONSHIP.
=I.= _The Nature of the First Degree._
=II.= _The Affinity of the Second Degree._
=III.= _The Relationship of the Third Degree._
=IV.= _The Consanguinity of the Fourth Degree._
=V.= _The Origin of the Fifth Degree._
=VI.= _The Limits of the Sixth Degree._
=VII.= _The Persons in the Seventh Degree who are not Mentioned
by the Laws._
=I. The Nature of the First Degree.=
In the first rank of the first degree are included the father and the
mother; in the second rank, the son and the daughter; but no other
persons.
=II. The Affinity of the Second Degree.=
In the second degree and the first rank, are included the grandfather
and the grandmother; in the second, the grandson and the granddaughter;
in the collateral line, the brother and the sister, which persons have
a twofold origin, for the father and the mother are derived from both
the grandfather and grandmother; the grandson and granddaughter, from
both son and daughter; the brother and sister, from both father and
mother. And likewise, the persons in the following degrees, in whatever
relationship they stand to each other, are, in the same manner, of
twofold origin. Persons in the second degree are thus said to be of
double derivation, because there are two grandparents, paternal and
maternal; and two kinds of grandchildren, descended either from the
son or from the daughter. The brother of the father, or the brother
of the mother, who are called respectively the paternal or maternal
uncles, belong to the collateral line, and they, in like manner, are of
double origin.
=ANCIENT LAW.=
=III. The Relationship of the Third Degree.=
The third degree includes, first the great-grandfather and
the great-grandmother; second, the great-grandson and the
great-granddaughter; in the collateral line, the son and the daughter
of the brother and the sister; the paternal uncle and the paternal
aunt, that is to say, the brother and the sister of the father; and the
maternal uncle and the maternal aunt, that is to say, the brother and
sister of the mother.
=ANCIENT LAW.=
=IV. The Consanguinity of the Fourth Degree.=
In the fourth degree come first the great-great-grandfather and
the great-great-grandmother, and then the son and daughter of
a great-grandchild; in the collateral line, the grandson and
granddaughter of the brother and the sister; then the cousins of both
sexes, the sons and daughters of the paternal uncle, and the children
of the maternal uncle and aunt; then other cousins, the children of
the father’s sister; and also cousins who are born of two sisters;
and besides, the great-uncle and the great-aunt by the father’s side;
then the great-uncle and great-aunt by the mother’s side. There is no
necessity of explaining this any further than is here stated.
=ANCIENT LAW.=
=V. The Origin of the Fifth Degree.=
The fifth degree includes, in the first place, the
great-great-great-grandfather and the great-great-great-grandmother;
secondly, the great-great-great-grandson and the
great-great-great-granddaughter, and, in the collateral line, the
greatgrandsons and great-granddaughters of brothers and sisters;
male and female cousins by the father’s side, the sons and daughters
of cousins by the father’s side, and the children of great-uncles and
aunts on both father’s and mother’s side. Next come the brothers and
sisters of the paternal great-grandfather and the brothers and sisters
of the maternal great-grandfather. The above-mentioned degrees of
relationship we cannot define by other means, or in other words, than
those in which they are here set forth.
=ANCIENT LAW.=
=VI. The Limits of the Sixth Degree.=
To the sixth degree belong, first, the
great-great-great-great-grandfather and the
great-great-great-great-grandmother; then
the great-great-great-great-grandson and the
great-great-great-great-granddaughter; next, in the collateral line,
the son and the daughter of a great-grandchild of the sister; the
sons of a father’s brother and the sons of a father’s sister; cousins
on both sides of the house; paternal and maternal great-aunts,
and the grandsons and granddaughters of paternal great-uncles and
maternal great-aunts. To whom are added, in the collateral line, the
children of the great-uncles and the great-aunts of both father and
mother; that is to say, of the brother and the sister of the paternal
great-great-grandfather, and of the brother and sister of the maternal
great-great-grandmother. No better explanation of this matter can be
given than we have written above.
=VII. The Persons in the Seventh Degree who are not Mentioned by the
Laws.=
In the seventh degree those who are related in the direct line are not
specifically designated by name; but the collateral line embraces the
sons and daughters of great-grandchildren of brothers or sisters, and
the sons and daughters of their cousins of both sexes. There exist,
then, seven degrees of relationship, and no more, because, according
to the nature of things, names could not be found for others, nor more
heirs be begotten in the space of an ordinary lifetime.
TITLE II. CONCERNING THE LAWS OF INHERITANCE.
=I.= _Brothers and Sisters shall Share Equally in the
Inheritance of their Parents._
=II.= _The Children shall Come First in the Order of
Succession._
=III.= _Where there are no Heirs in the Direct Line, Collateral
Heirs shall Inherit the Property._
=IV.= _Who shall Succeed to the Property of Those who have
left no Written Wills, or have made no Disposition of
their Possessions in the Presence of Witnesses._
=V.= _Concerning Inheritance by Brothers and Sisters, and by
such of these as are not descended from the same
Parents._
=VI.= _Where he who dies leaves Grandfathers or Grandmothers._
=VII.= _Where he who Dies leaves Aunts._
=VIII.= _Where he who Dies leaves Nephews._
=IX.= _A Woman shall be entitled to a Share in an Entire
Inheritance._
=X.= _As a Woman has a Right to a Share of an Entire
Inheritance, so he who is next in Succession shall
Inherit the Remainder of the Property._
=XI.= _Concerning the Inheritance of Husband and Wife,
respectively._
=XII.= _Concerning the Inheritance of Property from Clerks and
Monks._
=XIII.= _After the Death of their Mother, Children shall remain
under Control of their Father; and What Disposition
he shall make of their Property._
=XIV.= _Where a Mother remains a Widow, she shall have an Equal
Portion of the Inheritance with her Children; and
How a Mother ought to Dispose of the Property of her
Children._
=XV.= _No Wife can lay Claim to what her Husband has Gained by
the Labor of her Slaves._
=XVI.= _Concerning such Property as the Husband and Wife,
together have Accumulated during their Married Life._
=XVII.= _In what way a Child may Inherit Property._
=XVIII.= _How the Parents of a Child can Inherit from Him._
=XIX.= _Concerning Posthumous Children._
=XX.= _He who leaves no Children, has full Power to Dispose of
his Property as he Pleases._
=I. Brothers and Sisters shall Share Equally in the Inheritance of their
Parents.=
If the father or mother should die intestate, the sisters shall have
the property equally with their brothers.
=II. The Children shall Come First in the Order of Succession.=
If a man should die intestate, his children shall stand first in the
order of succession; if there are no children, the inheritance shall
descend to the grandchildren; if there are no grandchildren, then the
great-grandchildren shall have a right to it; and if the decedent
should leave neither children nor grandchildren, nor father nor mother,
then his grandfather or grandmother, should either be living, may claim
the inheritance of his estate.
=ANCIENT LAW.=
=III. Where there are no Heirs in the Direct Line, Collateral Heirs
shall Inherit the Property.=
When any of the above-named persons of the first or second degree,
in the direct line of succession, are not living, then collateral
heirs shall be sought for to inherit the property of the man who died
intestate. And such persons as are only distantly related can claim
nothing while nearer heirs are still living.
=IV. Who shall Succeed to the Property of Those who have left no Written
Wills, or have made no Disposition of their Possessions in the Presence
of Witnesses.=
In the case of those who die, and make no disposition of their property
either by gift or by will, or do not declare their intentions in the
presence of witnesses; their next of kin shall inherit from them.
=V. Concerning Inheritance by Brothers and Sisters, and by such of these
as are not descended from the same Parents.=
Where a man leaves only brothers and sisters, they shall inherit his
property, share and share alike, provided they are all children of
the same father and mother. But if some should be descended from a
different father or mother from the others, the inheritance shall go
to the brothers and sisters having the same father and mother as the
decedent. Such children as are born of different parents, but of the
same mother, shall inherit the property of the mother, share and share
alike. Those also who are descended from different mothers, but the
same father, shall share in a like manner.
=VI. Where he who Dies leaves Grandfathers or Grandmothers.=
If any one should leave a paternal grandfather and grandmother, his
entire property shall descend to them. So also if he should leave a
paternal grandfather and maternal grandmother, they shall inherit his
estate equally; and the same disposition of it shall be made, if he
should leave both a paternal and a maternal grandmother. This equitable
division of his estate shall apply only to such portions of it as he
has acquired by his own efforts; and whatever he may have inherited
from his ancestors, or his parents, shall descend to the heirs of the
latter in the direct line of succession.
=VII. Where he who Dies leaves Aunts.=
Where the decedent dies intestate, and leaves only a paternal uncle and
aunt, and a maternal uncle and aunt, they shall inherit the property in
equal parts.
=ANCIENT LAW=.
=VIII. Where he who Dies leaves Nephews.=
Where the decedent does not leave any brothers or sisters, but does
leave nephews and nieces; if one of them should be the son of one
brother, and the others the children of another brother or sister, the
inheritance shall be divided among them, share and share alike.
=IX. A Woman shall be entitled to a Share in an Entire Inheritance.=
A woman shall inherit, equally with her brothers, the property of
their father or mother; of their grandparents, on the paternal and
the maternal side, as well as of their brothers and sisters; and also
any property which may be left by a paternal uncle, or a cousin, or
a nephew, or a niece. For it is only just that those who are nearly
related by blood, should enjoy the benefit of hereditary succession.
=X. As a Woman has a Right to a Share of an Entire Inheritance, so he
who is next in Succession shall Inherit the Remainder of the Property.=
Women shall share all property left by relatives on the maternal side,
with those in the same degree of relationship, whether they be uncles,
aunts, or cousins. For those should have the inheritance who are the
most nearly related to the deceased.
=ANCIENT LAW.=
=XI. Concerning the Inheritance of Husband and Wife, respectively.=
Husband and wife shall inherit from each other, respectively, when they
leave no relatives nearer than the seventh degree.
=XII. Concerning the Inheritance of Property from Clerks and Monks.=
The church to which they are attached shall inherit the property of
all clerks, monks, and other persons in orders, who have left no heirs
under the seventh degree, and who have made no disposition of their
estate.
=XIII. After the Death of their Mother, Children shall remain under the
Control of their Father; and What Disposition he shall make of their
Property.=
If the mother should die, the children shall remain under the control
of the father. And, if she should die while her husband is still living
and he should not marry again, he shall have charge of the children
born of the marriage, and may retain possession of their property, with
the understanding that he is not to sell, damage, or dispose of it in
any way, but shall preserve it intact for the benefit of his children.
But, in common with his children, he shall enjoy the income from said
property, and shall be entitled to reserve from it all their necessary
expenses. If, however, the father should marry again, he shall not
relinquish the care of the children, because it is not just that his
authority over them having been abandoned, they should be placed under
the guardianship of another; but he shall still retain control over
them and their property, as hereinbefore mentioned. But he must at
once draw up an inventory of their property in his own hand, in the
presence of a judge, or of the heirs of his deceased wife; and he must
also bind himself by a written obligation, that those relatives who are
legally entitled to it shall have the guardianship of the children in
the case of his death; in order that none of the property of the latter
may be lost, but may be protected by him, in every way, from injury or
diminution in value. If the father, after having married a second time,
should refuse to act as guardian of his children, then the judge shall
appoint the nearest relative of the mother to take charge of them as
guardian. And if either his son or daughter should marry, they shall
at once receive their portion of their mother’s estate; excepting the
third part, which he may reserve for himself, as authorized by law.
The father, as soon as a son or daughter has reached the age of twenty
years, shall give to them half of what they are entitled to from their
mother’s estate, provided that they should not have already married.
The remaining half the father shall reserve for himself during his
lifetime, and, after his death, it shall descend to his children. This
same regulation shall apply also to grandchildren. When the father has
alienated any of the aforesaid property, or has retained it beyond the
time prescribed by law, everything belonging to his children by right
of inheritance from their mother, shall be given to them, at once, by
way of complete restitution.
=ANCIENT LAW.=
=XIV. Where a Mother remains a Widow, she shall have an Equal Portion of
the Inheritance with her Children; and How a Mother ought to Dispose of
the Property of her Children.=
A mother, during her lifetime, or so long as she remains a widow, shall
share equally with her children in the income derived from the estate
of her deceased husband. But she cannot give away, or sell, or bestow
upon any of her children her share of the aforesaid property. And if
the children should become aware that their mother, either through
negligence, or through hatred of them, was about to dispose of any of
said property, they may, at once, make application to the governor of
the city, or to the judge, in order that the latter may warn their
mother not to alienate such property, and only to use the income of
it. She, however, shall have the right to give to her children any
or all of said income, and she can unquestionably dispose of any
profits derived from the same. And if it should be proved that she has
alienated any of her portion, full restitution must be made therefor
after her death.
After the death of the mother, whatever she received from her husband
shall be equally distributed among the children, because they must not
be defrauded of their paternal inheritance. If the mother should marry
again, from that very day the children can claim as their own that
portion of their father’s property which their mother received at his
death.[20]
=XV. No Wife can lay Claim to what her Husband has Gained by the Labor
of her Slaves.=
If the husband should acquire any property through the labor of his
wife’s slaves, or in any foreign enterprise, his wife shall have no
right to such property, either during his lifetime, or after his death
for a husband who has control of his wife, as stated in the law of
the Holy Scriptures, shall also have full authority over her slaves;
and everything which he has gained by the services of the latter, or
by those of his own slaves, in any undertaking, shall belong to him
absolutely. And if the said slaves, while they are engaged with their
master in any expedition or enterprise, should commit any wrong, or do
any injury, he who brought them with him shall be responsible for their
conduct, and shall make restitution, should they be found guilty. It
has thus very properly been determined that, as their master profits
by their labors, he should also be responsible for any damage they may
cause.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=XVI. Concerning such Property as the Husband and Wife together have
Accumulated during their Married Life.=
When persons of equal rank marry one another, and, while living
together, either increase or waste their property, where one is
more wealthy than the other; they shall share in common the gains
and losses, in proportion to the amount which each one holds. If
the value of their possessions is the same, neither has a right to
assume superiority over the other. For, it is not unusual, where
such property is equal in amount, for one party, in some way, to
take advantage of the other. And if it should be evident that the
possessions of one exceed those of the other in value, as above stated,
there shall be an apportionment of it made, showing what either shall
have the right to claim after the death of the other, and what either
shall have a right to dispose of to his or her children, or to heirs,
or in any other way that may be desired. This provision shall apply to,
and be observed in, all cases relating to the estates of both husbands
and wives. The distribution and possession of other property concerning
which an agreement in writing has been entered into by both parties,
shall be held and enjoyed by them according to the terms of that
written agreement. If the husband should acquire any property, either
from strangers, or during any public expedition, or by the donation of
the king, or of a patron, or of any of his friends, his children or his
heirs shall have a right to claim it, and shall have absolute power to
dispose of it as they wish. The same rule shall apply to women who have
received gifts from any source.
=XVII. In what way a Child may Inherit Property.=
Ambiguity frequently produces error where a reasonable explanation is
not given to elucidate a fact that is doubtful. Many persons deny that
a child dead in infancy can have, at any time, a right to inherit from
its parents, and we desire now to put an end to such disputes. For the
origin of nature is such, that he who is born uses the senses of sight
and touch before anything else. Who, therefore, can inherit any earthly
possessions who died almost before he was sensible to light? And in
what way can he be the possessor or property for whose control he was
not destined, and who has scarcely had the use of the elements of which
he was formed? And he who has hardly been blessed by the light of
heaven; how can the unexpected inheritance of the world enrich him when
suddenly removed by death? With what reason can he claim the rights of
the living, who is more nearly associated with death than with life,
and who thus quickly dying in the midst of light, has fallen back into
darkness? Therefore, that the inheritance of an infant may belong
to its nearest relatives, and the fact that he was living be clearly
proved; and as the child had a right to eternal life, so also that it
may have a right to terrestrial life; we hereby decree that no child of
either sex shall inherit, unless it has been proved that it lived for
the space of ten days after its birth, and shall have received the holy
sacrament of baptism, so that the father or mother of the child who
shall be entitled to its inheritance, may, before its death, prepare
it for its entrance into heaven; and that while still living, it shall
obtain the possessions of the earth with their transitory benefits. And
thus, while heavenly possessions are provided for it, it shall also be
permitted to acquire those of the earth; and although while dead, it
cannot benefit by the things of earth, it can, at least, enjoy those of
heaven.
=FLAVIUS CHINTASVINTUS, KING.=
=XVIII. How the Parents of a Child can Inherit from Him.=
Where the father is dead and the son or daughter should have lived
ten days or longer, should have been baptized, and then should die;
whatever either would have inherited from the estate of his or her
father, may be claimed by his or her mother. And, in like manner, if
the mother should die, the father shall not be entitled to the share
of the deceased child, unless he be able to prove that that child has
lived ten days, or longer, and has been baptized. And if neither father
nor mother in whom these rights are vested, should leave any children,
the entire inheritance shall be divided among the other descendants;
but they shall not have the power to give to each grandchild more than
the third part of the aforesaid property. And if they should wish to
give any of it to the Church, or to freedmen, or to any one else, they
shall have the right to dispose of only the fifth part of it in this
manner, as prescribed by a former law. But where neither children nor
grandchildren, nor great-grandchildren should be living, they shall
have the right to make such disposition of their property as they
desire.
If said parents should die intestate, then such other of their
relatives as are next of kin shall be entitled to the aforesaid
property. Thus, if after the death of a child, the father should
inherit its estate, and should die intestate, the inheritance shall
belong to those heirs who are entitled to it by law. In like manner, if
the mother should inherit the estate of her deceased child, and should
die intestate, all interest in that estate shall belong to her nearest
heirs; on this condition, that the grandchildren of the son or daughter
who died while their father and mother were living, shall inherit
such a portion of the estate of their grandfather or grandmother as
their own parents would have inherited had they been living. But if
a son having a wife and children should die during the life of his
father, before his father has given him all that he was entitled to
from his estate, and his sons should also die during the life of their
grandfather, the daughter-in-law shall receive only so much as the
father had formerly set aside for her husband. Nor can the widow claim
any more than this from her father-in-law or any of his relatives. But
if the son had been living with the father, and had not yet received
anything from him; the son’s widow shall then only be entitled to what
she obtained as a dowry at the time of her marriage. Where the son, in
obedience to his father’s wishes, permitted the latter to retain what
he was entitled to from his mother’s estate, and should bequeath it at
his death to his wife, or to any one else; such bequest for the benefit
of the wife or of others, if made in writing, shall be valid: provided
his mother did not have other sons by the same husband. If, however,
other sons should be living, the provisions of the former law must be
carried out.
=FLAVIUS CHINTASVINTUS, KING.=
=XIX. Concerning Posthumous Children.=
We fulfil the injunctions of the Divine Law when we provide for those
who are yet unborn. Therefore, when a man cut off by death, leaves his
wife pregnant, we decree that the child who is born afterwards shall
share equally with those who are already born. But if he should leave
no issue, and should bequeath his property to any person, the latter
shall only be entitled to receive the fourth part of it. The three
remaining parts shall descend, without question, to the posthumous
child. Where a husband and wife before they have children, enter into a
written agreement, mutually bestowing their property upon one another,
and, afterwards, should have children; such a disposition of property,
if their children are living, shall be void; and the children may take
and hold the entire property of their parents, with the exception of
the fifth part, which the parents shall have the right to dispose of
otherwise. But if one of them, that is to say, either the husband or
wife, before the marriage was consummated, should be proved to have
made for the benefit of the other a written agreement disposing of
property, it shall remain in full force; and such donation cannot, in
any way, be overthrown by children subsequently born of their marriage.
=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=
=XX. He who leaves no Children, has full Power to Dispose of his
Property as he Pleases.=
Every freeborn man and woman, whether belonging to the nobility,
or of inferior rank, who has no children, grandchildren, or
great-grandchildren, has the unquestionable right to dispose of his or
her estate at will; nor can any arrangement that either may make, be
set aside by any relatives of theirs belonging either to the direct or
to the collateral line. For those belonging to degrees of relationship
other than the above, in the direct line, cannot, in the order of
nature, receive the inheritance. Such relatives can, however, inherit
from the intestate in accordance with the law which defines their
rights.
TITLE III. CONCERNING WARDS AND THEIR GUARDIANS.
=I.= _What a Minor Is._
=II.= _From what date Time is to be Computed in Bringing
Lawsuits relating to Minors._
=III.= _How the Guardianship of Wards shall be Entered upon; what
Portion of their Property they shall Receive, and what
Portion shall be Given to their Guardians._
=IV.= _Guardians shall have no Right to Exact from Wards in
their Charge any Instruments in Writing whatever._
=FLAVIUS CHINTASVINTUS, KING.=
=I. What a Minor Is.=
It is a part of the practice of the duties prescribed by law, to
so care for the rights of minors that they shall suffer no loss of
their inheritance. Up to this time, little children left by a father
have been called minors, for the reason that the mother has not less
responsibility and care, on their account, than when both parents were
living; and therefore we now decree, that henceforth any children left
by father or mother, and who have not yet attained the age of fifteen
years, shall be designated minors.
=FLAVIUS CHINTASVINTUS, KING.=
=II. From what date Time is to be Computed in Bringing Lawsuits relating
to Minors.=
Where a question arises concerning the time within which an action at
law can be maintained for the recovery of property in which minors are
interested, we decree that an estimate must be made of the period which
has elapsed since the parents have lost possession of said property;
that is to say, it must be determined whether the entire number of
years from that date, when added to those of the minor shall amount
to fifty; and, if the number should be greater than that, the minor
shall not be entitled to recover. And, moreover, if the parents of the
minor in their lifetime, shall have neglected to assert their rights
for the space of thirty years, the said minor shall not be permitted to
prosecute such a claim as their representative.[21]
=III. How the Guardianship of Wards shall be Entered upon; what Portion
of their Property they shall Receive, and what Portion shall be Given
to their Guardians.=
After the death of the father, the mother shall have the guardianship
of the minor children, if she should wish it, provided she remains
a widow; and she shall make an inventory of the property to which
the children are entitled, by means of which their rights to their
inheritance may be established. But if the mother should marry again,
any one of the sons who has attained his majority, that is, who has
reached the age of twenty years, may assume the guardianship of his
younger brothers; and shall see that their property is not alienated,
or dissipated through neglect, by themselves, or by any one else.
But, in case he himself should use it up, or sell it, or give it
away, or permit it to be lost through his own negligence: as soon as
his brothers shall have become of age, he shall be compelled to make
restitution out of his own share, of whatever was wasted by him. He
shall, however, be allowed the tenth part of the income for the purpose
of living, to the end that he may not burden with extravagant expenses
what should be reserved for the minor heirs. Where he spends his own
money, or uses his own property for the necessaries and business of
all, and this fact is brought to the attention of the judge, he shall
be reimbursed for his expenditures out of the entire estate left by
his father. If any of the brothers should not be of lawful age, or of
proper character to undertake the guardianship of orphans, a paternal
uncle of a cousin may assume this duty; and if neither the paternal
uncle nor his son should be found worthy, then a guardian shall be
selected by the other relatives in the presence of the judge.
Where neither the mother, nor any one else, assumes the guardianship,
an inventory of all the property which the father left shall be drawn
up and signed by her and by witnesses, from the number of three to
five, and shall be placed in the keeping of any bishop or priest whom
the relatives may select, to be delivered to the children when they
have attained their majority.
It is also hereby provided that if any suits are brought against
minors, their guardian, should he desire it, has a right to defend such
actions. If, however, he should neglect to do so, a judgment shall be
rendered by the court in favor of the plaintiff, without prejudice to
the rights of the minors to have the matter reviewed, when they shall
become of lawful age. If the party who made the claim should lose his
case when the minor has reached his majority, he shall be compelled
to restore to the minor, or to his relatives, or to any one who may
have a right to it, whatever property he obtained under the judgment
aforesaid, along with any income it may have produced, and any profits
which may have accrued from its possession; and he shall be compelled
to pay ten _solidi_ in addition, because he has prosecuted a claim
which was not valid in law. Where a guardian desires to defend any
action brought against his ward in court he shall have full authority
to do so; but if the rights of the ward should be affected, or his
property impaired or lost through his neglect, the guardian shall
afterwards be compelled to make restitution.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=IV. Guardians shall have no Right to Exact from Wards in their Charge
any Instruments in Writing whatever.=
As minors are unable to care for themselves or their property, it has
been wisely provided by the laws that they should be subjected to the
authority of guardians, and that their business should be transacted
for them for a stated number of years. For the reason, however, that
certain guardians, by means of either persuasion or threats, defraud
those whose interests it is their duty to carefully protect, and compel
them to enter into agreements that they will not demand an accounting
of their property, or exact bonds or other written instruments from
their wards, by means of which they seek to prevent inquiry into their
actions: therefore, that our solicitude for the rights of such wards
may the better appear in all matters where such rights are involved, we
hereby decree that the following law must be strictly observed, to wit:
that in the case of such wards, even when they have passed the age of
fourteen years, where the guardian or guardians who had charge of their
persons and property shall be found to have caused the execution of
any bond or written instrument of any description, which enures to the
benefit of said guardians or any person designated by them, then such
bond or instrument shall be void, and of no force whatever in law.
When the time shall come that he who has been under guardianship
shall have the right to assume the management of his own affairs,
the guardian shall give a complete account of the care of his ward’s
property, in the presence of a priest or a judge, and shall receive
from his former ward a full discharge from all obligations; so
that, all restraint being removed, the said ward may come into full
possession of his property, and have the right to dispose of it at his
pleasure. But if it should happen that, while the guardianship is in
force, the ward should be attacked by a dangerous illness, and should
wish to dispose of his property by will, he can do so, provided he has
completed his tenth year, according to the provisions of a former law.
If the guardian, while living or dying, should give any of the
property belonging to his ward to his own children, or to any persons
whomsoever, and no account of the same was made to the wards,
according to the terms of the inventory which was made at the time
the guardianship was accepted, and proof of this should be legally
established, those who received said property from the guardian shall
make full restitution to the wards. All wards shall have the benefit
of this legal remedy, except where, by the lapse of time, and having
passed the age of fifteen years, their rights shall be extinguished by
law.
TITLE IV.--CONCERNING FOUNDLINGS.
=I.= _Where Anyone Casts Away, or Abandons, a Freeborn Child,
he shall Serve as its Slave._
=II.= _Where a Male or Female Slave shall be proved to have Cast
Away a Child, with, or without the Knowledge of his or
her Master._
=III.= _What Compensation for Support anyone shall Receive for
the Bringing up of a Child committed to his Care by
its Parents._
=I. Where Anyone Casts Away, or Abandons, a Freeborn Child, he shall
Serve as its Slave.=
If anyone, induced by compassion, should rescue, and care for a child,
of either sex, who has been abandoned, and such child, after having
been brought up, should be acknowledged by its parents; where the
latter are freeborn persons, they shall either give a slave, or the
price of one, as compensation for the service performed. If they should
neglect to do this, compensation shall be made by order of the judge of
the district; and the parents who have been guilty of such wickedness
shall be condemned to perpetual exile. Where he who casts away the
child has not sufficient property to redeem it, he shall serve as
its slave; and he whom the pity of others has preserved, shall enjoy
complete freedom. It shall be lawful for the judge both to prosecute
and impose sentence for this crime whenever committed.
=II. Where any Male or Female Slave shall be Proved to have Cast Away a
Child, with or without the Knowledge of his or her Master.=
If a slave, of either sex, in order to defraud his or her master,
should expose and abandon their own child, without the knowledge
of said master, and anyone should bring it up, the latter shall be
entitled to receive the third part of its value; but, under such
circumstances, the master must swear or prove that he was ignorant that
his slave had abandoned the child. If, however, it should be shown
that the master was aware of the fact, the child shall become the slave
of him who reared it.
=III. What Compensation for Support anyone shall Receive for the
Bringing up of a Child committed to his Care by its Parents.=
If anyone should accept from its parents a little child to be reared,
he shall receive as compensation one _solidus_ every year, until
the child has reached the age of ten; but he shall be entitled to no
further compensation after it has completed its tenth year, because
after that time the services of the child should be sufficient to pay
for its support. And if he who seeks to take the child again should
be unwilling to pay this sum, it shall be held in slavery by him who
reared it.
TITLE V. CONCERNING SUCH PROPERTY AS IS VESTED BY
THE LAWS OF NATURE.
=I.= _Concerning the Disinheriting of Children; and What
Disposition Parents should make of their Property._
=II.= _What Part of her Dowry a Woman has a Right to
Bequeath._
=III.= _What Property Parents should Bestow upon their
Children, at the Time of their Marriage._
=IV.= _Concerning Children Born of Different Parents; and
What Distinctions Parents may Make in the Disposition
of their Estates._
=V.= _Concerning such Property as Children may have Acquired
during the Lives of their Parents._
=I. Concerning the Disinheriting of Children; and What Disposition
Parents should make of their Property.=
As soon as we have ascertained that any unlawful acts have been
committed, it behooves us to prevent, by legal measures, similar
occurrences in the future. For many persons living reckless lives,
squander their property upon strangers, either on account of riotous
living, or through the unwise counsel of others, and, as a result
of this, leave their inoffensive children or grandchildren weak
and penniless; for those cannot be of any benefit whatever to the
community upon whom the duty of labor has not been enjoined by the
example and virtues of their parents. And, in order that, under such
circumstances, the rights of the community may not be sacrificed, or
children or grandchildren be deprived of the benefits of that natural
affection which should be bestowed upon them, the law, by which a
father or mother, or grandfather or grandmother, have the right to
give their property to a stranger, should they wish to do so, or a
woman to dispose of her dowry in any way that she pleases, is hereby
abrogated; and we decree that the following more equitable law shall be
observed by all, to wit: that neither parents nor grandparents shall
have the absolute right to dispose of all their property, nor that
children nor grandchildren shall, through an unjust will, be deprived
of the inheritance of their parents and grandparents; therefore, any
father or mother, grandfather or grandmother, who wish to bestow any
of their property upon their children or grandchildren, must observe
the following rule, viz: that in the bestowal of said gifts upon their
children or grandchildren they do not exceed the third part of their
property; nor shall it be lawful for them to transfer any of their
property to any stranger, unless they should not have any legitimate
children or grandchildren living.
The following, however, we decree shall be observed, as being in
accordance with the dictates of reason: that if the father or mother,
grandfather or grandmother, should decide to bequeath, by any
instrument in writing, any portion of the third part of their property,
as aforesaid, to their children or grandchildren, in compliance with
the laws governing inheritances, all such proceedings shall be forever
inviolable; and whatever bequest concerning said property may be made,
shall have full and uncontrovertible validity. Nor shall it be lawful
for the child or grandchild who has received any of the said third
part of the estate from their parents, to claim anything more, unless
they should prove to be entitled to it by some former bequest of their
parents or grandparents.
If those having children or grandchildren, should wish to bestow
anything upon the Church, or upon freedmen, or upon anyone else, they
shall have the right to dispose of the fifth part of what remains,
after the said third part has been reserved. The authority of such
persons to dispose of the said fifth part is indubitable; but, in such
cases, either the third part of the property which is to be bequeathed
to the children, or the fifth part which is to be otherwise disposed
of, as aforesaid, must be separated from the remaining property, and
a proper estimate made of the same. But whatever anyone has received
through the generosity of the king, shall, under no circumstances, be
included in the estimate of either the third or the fifth parts of the
estate aforesaid; for, according to another law, whatever anyone has
acquired through the royal bounty shall be absolutely at his disposal.
It has been already provided that children and grandchildren cannot
be disinherited by their parents for any trifling offence. The
grandfather and grandmother, as well as the father and mother,
shall have the right to chastise and restrain their children and
grandchildren, as long as they remain members of the family. And if a
son or daughter, grandson or granddaughter, should attempt to inflict
any serious injury upon their parents or grandparents; that is to say,
if he or she should give any of them a blow with the fist; or a kick;
or strike them with a stone, or with a scourge, or with a whip; or
should insolently seize any of them by the foot, or by the hair, or
even by the hand; or be guilty of any shameless assault upon them; or
should publicly accuse them of crime; then, any child or grandchild
convicted of such an offence, shall receive fifty lashes with the
scourge, in the presence of the judge, and shall forfeit all claim to
the inheritance of its grandparents or parents, should the latter so
desire. But if, repenting of its conduct, it should implore the pardon
of those whom it has offended; and, through the love of its parents,
it should be again received into favor, and designated as an heir; it
shall not be deprived of its inheritance, or be accounted infamous, on
account of the punishment which it has received.
=FLAVIUS CHINTASVINTUS, KING.=
=II. What Part of her Dowry a Woman has a Right to Bequeath.=
For the reason that many women to whom the privilege was granted of
disposing of their dowries as they pleased, have been found to have
bestowed them upon persons with whom they were living illegally, to
the injury of their children or grandchildren; therefore, we declare
it to be both necessary and proper that those for the rearing of
whom the marriage was celebrated, should receive some benefit from
said property. In pursuance whereof we decree that, if any woman has
children or grandchildren, and should wish to bestow a gift upon the
Church, or upon freedmen, or upon any other person or persons; she
shall not have the right to dispose of more than the fourth part of
her dowry in this manner. Three fourths of it shall be left, without
question, to her children or grandchildren, whether there be one,
or many of them. On the other hand, a wife shall have full power to
dispose of her entire dowry, in any way she pleases, when she leaves
no legitimate children or grandchildren. Nevertheless, it shall not
be lawful for any woman who has married two husbands, or more, to
give the dowry she has received from one husband, to the children or
grandchildren of another; but the children and grandchildren born in a
certain line of descent shall, after the death of their mother, have
the entire dowry given by their father or grandfather.
=FLAVIUS CHINTASVINTUS, KING.=
=III. What Property Parents should Bestow upon their Children, at the
Time of their Marriage.=
Wherever wrong is done by parents to the interests of their children
it must be remedied by law. Therefore, because the duplicity of
parents sometimes prompts them to deprive their children of what they
have given them at the time of their marriage, we hereby declare such
acts to be void; and decree that the following law shall hereafter be
observed forever, to wit: that if any property should be transferred
to any person, either by writing, or in the presence of witnesses, at
the time of his or her marriage, excepting such as is usually given
in the way of ornaments or clothes, as a marriage gift, whether said
property consists of slaves, lands, vineyards, buildings, clothing, or
jewels, presented by the parents to the children, either at the time
of the marriage, or after it, the said children shall have full power
to dispose of such property as they wish, with this exception: that,
after the death of their parents, the inheritance shall belong to the
children exclusive of what said parents have previously given to them
according to law, and an equal distribution of said inheritance shall
be made among the heirs; so that a son or daughter shall have full
power to dispose of what they received from their parents at the time
of their marriage, according to the provisions aforesaid.
After the death of the parents, an inventory shall be made, and the
property which was donated at the time of the marriage shall be
appraised, and the other heirs shall receive an equivalent in value to
the amount of said property; and all shall then share equally in the
remainder of the estate of the parents.
=FLAVIUS CHINTASVINTUS, KING.=
=IV. Concerning Children Born of Different Parents; and What
Distinctions Parents may Make in the Disposition of their Estates.=
If a man marries several wives, and has children by all of them, and
any of his sons or daughters should die intestate, his or her brothers
or sisters shall be entitled to the estate, provided the decedent left
neither children nor grandchildren; and said heirs shall have a right
to claim it after proving that they are descended from the same father
and mother. Where there are children by one father and by different
mothers, those only who are descended from the same father have a right
to an equal division of the property belonging to him. With regard
to those who are sprung from one mother and different fathers, we
prescribe the following regulations, to wit: that if a woman should
have children by different husbands, only those brothers and sisters
who are the children of the same father and mother shall have a right
to the inheritance, descending either in the paternal or maternal line
from such as have died intestate, or without offspring or descendants.
As it has been established by a former law that the grandchildren shall
not be deprived of the third part of the estate of their grandparents,
it shall be lawful for the grandsons and granddaughters who have lost
either of their parents, to share equally with their paternal or
maternal uncles in the estates of their grandfathers and grandmothers;
that provision only of said law remaining valid, by which it was
decreed that parents and grandparents may bestow their property upon
their children and grandchildren, or may give away what they please to
a stranger.[22]
=V. Concerning such Property as Children may have Acquired during the
Lives of their Parents.=
Any son who, while his father and mother are living, acquires any
property, either through the favor of the king, or through the
generosity of his patron, shall be entitled to absolute control of the
same, and shall have the right to sell, or give it away to any one he
chooses, as has already been provided by our laws; nor can his father
or mother claim any of said property while the son is living. Where, on
the other hand, a son obtains property, not through royal generosity,
but by his own labor, or during some public expedition; should he be
living with his father at the time, the latter shall be entitled to the
third part of said property, and the other two-thirds shall belong to
the son.