Chapter XX: Book IV: 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.