Among the offences committed by Our subjects there is not one, no matter how serious it may be, which We do not succeed in suppressing. For although the hatred entertained by Us for malefactors naturally inclines Us to retribution, still We only apply a remedy by admonishing, in the most suitable manner, those who are guilty. We transform Our just anger into clemency, and We yield to kindness, as is the case in the present law. We have previously imposed a great number of penalties upon the Samarites, who were formerly of ferocious character, and enemies of the Christians, and whose pride was excessive; and We, above all, deprived them of the power of making wills, and when they died intestate We did not permit their property to pass to their relatives called to the succession ab intestato, unless their heirs at law or testamentary heirs professed the true Christian faith. We also forbid them to bequeath legacies, and make donations or any other disposition of their property, when the legatee or donee was not an adherent of the orthodox religion. And, although We prescribed these penalties in a general enactment, We did not exercise the same severity in their application, for We never permitted the Treasury, or any other public person, to derive any advantage from these penalties, although this was expressly provided by the law.

  Therefore We, observing that the Samarites are now inclined to act with moderation, think that it is unworthy of Us to subject to the same punishment men who are no longer liable to the same errors, and We, above all, relying upon the just statements which Sergius, the Most Holy Bishop of the Metropolis of Caesarea, has made to Us in their behalf, and the evidence which he has given Us of their improved behavior, and their promise to be peaceful for the future, do enact the present law, by which We authorize the Samarites, from this day, to make wills and dispose of their property, in accordance with the provisions of other laws; and We decree by this one that whenever they die intestate, they, like other men, shall have for their heirs those who are called to the succession of their estates on the ground of intestacy, subject to the exception set forth in the present law. We also grant them authority to make donations, to give and receive legacies, and to enter into other contracts of this kind with absolute freedom. For after We have permitted them to make wills, and dispose of their entire property, how could We refuse them the right to bequeath a portion of it ?

  We do not, however, include Christian heirs and Samarites in the same class, but We again grant (and with good reason) a privilege to those who acknowledge the better religion. Wherefore, if a Samarite should die intestate, and leave children believing in God, those alone shall be called to his inheritance who profess the Christian faith, and all others shall be excluded, who are adherents of the heresy which the deceased acknowledged while living. We render this rule applicable not only to children, but also to other relatives, no matter on which side they may be related to the deceased, so that those who acknowledge the true faith may be preferred to those who do not; but We only establish this distinction when the heirs who are called to the succession are in the same degree of relationship, and in the same way. For the heirs most nearly related to the deceased are not excluded by others who are more distant, and, even though the latter may be better Christians, We grant the preference or the privilege to the next of kin.

  We do not, however, deprive the heirs, who are excluded, of the benefit of repentance. For if those who are deprived of the estate should afterwards adopt the faith of Christians, they shall be called to the succession, and be entitled to their share of the property, just as if they had always been adherents of the true religion; and shall only forfeit the income from their share which has been collected after the death of the deceased. When any Samarite makes a will, We order that it shall be just as valid as if it was written by an orthodox person. But where the father, or any one of the descendants (or even one of the ascendants) wrote it, and all those called in the same degree of inheritance profess the same heresy as their father, he cannot leave them more than one-sixth of his estate, and the remainder shall pass to those who acknowledge the true religion, unless the testator, being a Christian, left some legacies, in which instance they shall be reserved for any that may be willing to embrace the orthodox faith, they being placed on the same footing with the legatees who were Christians from the beginning, as We have provided with reference to intestate successions. Therefore, in cases of this kind, We grant ascendants, descendants, those who profess the true doctrine, and, above all, persons injured by the distribution of the property made by the testator, to bring a complaint of inofficiousness.

  We also permit Samarites to make donations, receive and bequeath legacies, grant freedom to slaves, and enter into contracts with one another, and this law does not repeal any of Our former enactments. We strictly exclude Our Treasury, and every other public person from participating, under the present constitution, in the estates or other property of Samarites. For how can We, with reference to the past, call so strictly to account those to whom We shall be lenient in the future ? Let all them who are deserving of Our clemency give thanks to God and Ourself, as well as to the Most Holy Sergius, who has been most instrumental in inducing Us to exercise it.

  Therefore Your Glory, being aware of Our humanity as disclosed by the present law in favor of the Samarites, will publish in the provinces, by means of formal edicts, the provisions which it has pleased Us to establish, in order that the Samarites may always enjoy their advantages.