therefore in this case we have preserved the older law, as also in that
of an independent person giving himself in adrogation: all of which
enactment can be gathered in its special details from the tenor of the
aforesaid constitution.
15 By the ancient law too, which favoured the descent through males,
those grandchildren only were called as family heirs, and preferred to
agnates, who were related to the grandfather in this way: grandchildren
by daughters, and greatgrandchildren by granddaughters, whom it regarded
only as cognates, being called after the agnates in succession to
their maternal grandfather or greatgrandfather, or their grandmother or
greatgrandmother, whether paternal or maternal. But the Emperors would
not allow so unnatural a wrong to endure without sufficient correction,
and accordingly, as people are, and are called, grandchildren and
greatgrandchildren of a person whether they trace their descent through
males or through females, they placed them altogether in the same rank
and order of succession. In order, however, to bestow some privilege on
those who had in their favour the provisions of the ancient law as
well as natural right, they determined that grandchildren,
greatgrandchildren, and others who traced their descent through a female
should have their portion of the inheritance diminished by receiving
less by onethird than their mother or grandmother would have taken,
or than their father or grandfather, paternal or maternal, when the
deceased, whose inheritance was in question, was a woman; and they
excluded the agnates, if such descendants claimed the inheritance, even
though they stood alone. Thus, exactly as the statute of the Twelve
Tables calls the grandchildren and greatgrandchildren to represent their
deceased father in the succession to their grandfather, so the imperial
legislation substitutes them for their deceased mother or grandmother,
subject to the aforesaid deduction of a third part of the share which
she personally would have taken.
Public-domain text, read in full here on John Shaqi.
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