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.