29.8. 8. That Laws which appear the same were not always made through the
same Motive.
In France they have received most of the Roman laws on
substitutions, but through quite a different motive from the Romans.
Among the latter the inheritance was accompanied with certain
sacrifices
[9]
which were to be performed by the inheritor and were
regulated by the pontifical law; hence it was that they reckoned it a
dishonour to die without heirs, that they made slaves their heirs, and
that they devised substitutions. Of this we have a very strong proof in
the vulgar substitution, which was the first invented, and took place
only when the heir appointed did not accept of the inheritance. Its view
was not to perpetuate the estate in a family of the same name, but to
find somebody that would accept of it.
Footnotes
[9]
When the inheritance was too much encumbered, they eluded the
pontifical law by certain sales, from whence came the words "sine sacris hæreditas."
