Page:The Age Of Justinian And Theodora Vol II (1912).pdf/369

 *petual Edict, was permanently approved and took the place of the variable practice of successive Praetors.

While in Republican times the rights of succession to an intestacy had been constrained within narrow limits of agnation and male precedence, the laws of inheritance as ultimately settled by Justinian became the most liberal that the world has seen. Priority of birth had never been recognized as constituting a title to preference in Roman law; and now every notion of any prescriptive claim being inherent in sex was abolished. The state of the deceased was divided equally between male and female children, grandchildren, of course, subdividing a predeceased parent's share. By this disposition a wife took her marriage settlement, but if there were none such she ranked as one of the children, as did also a husband. If the intestate left no issue, but several brothers and sisters, the property devolved on them according to the same principle, but to them the parents of the deceased, if living, were preferred. Thus the degree of affinity by blood was alone considered in regulating heirship. Under this system adopted children inherited from their natural parents as if no such formality had taken place, but they also had a claim, in the absence of near kindred, to succeed to those who had adopted them.

In the earliest times a Roman could bequeath his property to any member of the community he pleased, but not to a foreigner. In the time of Augustus, however, a law was passed, in completion of previous tentative efforts, which made it compulsory for him to leave a fourth part of his), etc.]