CHAPTER XXVI

AMENDMENT OF THE LAW IN FORCE RESPECTING CHILDLESS PERSONS, AND OF THE LAW OF WILLS

SO numerous, indeed, were the benefits of this kind conferred by the emperor on every province, as to afford ample materials to any who might desire to record them. Among these may be instanced those laws which he entirely remodelled, and established on a more equitable basis: the nature of which reform may be briefly and easily explained. The childless were punished under the old law with the forfeiture of their hereditary property. This merciless statute, which dealt with persons thus circumstanced as positive criminals, the emperor annulled, and regulated this question on the principles of equity and justice. Wilful transgressors, he argued, should be chastised with the penalties their crimes deserve. But nature herself denies children to many, who long, perhaps, for a numerous offspring, but are disappointed of their hope by bodily infirmity. Others continue childless, not from any dislike of posterity, but because their ardent love of philosophy renders them averse to the conjugal union. Women, too, consecrated to the service of God, have maintained a pure and spotless virginity, and have devoted themselves, soul and body, to a life of entire chastity and holiness. What then? Should this conduct be deemed worthy of punishment, or rather of admiration and praise; since to desire this state is in itself honourable, and to maintain it surpasses the power of unassisted nature? Surely those whose bodily infirmity destroys their hope of offspring are worthy of pity, not of punishment: and he who devotes himself to a higher object calls not for chastisement, but especial admiration. On such principles of sound reason did the emperor rectify the defects of this law. Again, with regard to the wills of dying persons, the old laws had ordained that they should be expressed, even at the latest breath, as it were, in certain definite words, and had prescribed the exact form and terms to be employed. This practice had occasioned many fraudulent attempts to hinder the intentions of the deceased from being carried into full effect. As soon as our emperor was aware of these abuses, he reformed this law likewise, declaring that a dying man ought to be permitted to indicate his last wishes in as few words as possible and in whatever terms he pleased; and to set forth his will in any written form; or even by word of mouth, provided it were done in the presence of proper witnesses, who might be competent faithfully to discharge their trust.