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.=
Public-domain text, read in full here on John Shaqi.
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