THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXLIV ~ |
CONCERNING
THE SAMARITANS. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Emperor Justinian to Diomedes, Praetorian Prefect. |
PREFACE. |
We are constantly
occupied, as the Most Pious Emperor, Our Father was, in attempts to
turn the Samaritans from their heresy and their unreasonable errors
to lead them in a better path, and to cure their souls of the diseases
with which they are afflicted; but, in most instances, We have not succeeded
in accomplishing what We have long attempted. For several of them are
so devoted to their insane beliefs that, after having become worthy
of being baptized, they have again accepted the evil doctrines which
they once renounced; and have induced others to embrace the same heresy
with equal ardor. Therefore, it appears to Us to be advisable to amend
the ancient law enacted against the Samaritans by Our Father. |
CHAPTER I. |
Hence,
We prohibit them from becoming heirs, either by will or in case of intestacy,
from receiving legacies, or from acquiring anything by way of donation.
Neither the Samaritans, nor heretics in general, nor those who pretend
to profess the true faith of Christians, without actually believing
in it, and observing its rules, shall be entitled to any succession
to which they may be called ab intestato; nor can they execute
a will, make a donation, or bequeath a legacy; unless those who are
entitled to receive them have embraced the true religion, and have manifested
their faith by their works; for where none of them are persons of this
kind, We order that, after their death, their property shall belong
to the Imperial Treasury. Wherefore the rule which Our Father established
through indulgence for the Samaritans, and which, having the force of
law, gave them the privilege of accepting and transmitting estates,
as well as the right to receive and bequeath legacies, shall hereafter
be void and have no force whatsoever. If
those who adopt the insane belief of the Samaritans should show themselves
to be unworthy of the benefit of this constitution, they can blame no
one but themselves, since they have rejected the benevolence of God
and Our Lord and Saviour Jesus Christ; and they shall forfeit the privileges
formerly granted to them by Imperial Majesty, for the purpose of inducing
them to entertain a better frame of mind, and to prevent their perpetual
adherence to this perverse doctrine. |
CHAPTER II. |
We
except from the operation of the present law those who acquiesce in
the dogmas of the Samaritans, not through any favor to them, but from
the fact that they cultivate certain tracts of land whose revenues and
tributes are paid into the Public Treasury, and for the reason that,
on account of their rusticity, they have been led astray in this respect.
For We permit them, even though they have embraced the Samaritan heresy,
to appoint as heirs or legatees both their ascendants, descendants,
and collateral relatives; if they should continue to cultivate said
lands in such a way that the owners thereof can obtain a better income,
and may the more readily be able to pay the taxes due to the Treasury.
And for the same reason, We enable them to succeed to the inheritance
of one another, in case of intestacy; and We also desire that when a
tenant expires without leaving any heirs, the owner of the land on which
he died shall be entitled to his property, and take the place of the
Treasury in this respect, provided he pays the public taxes instead
of the deceased. Moreover, We do not permit a Samaritan to hold office,
or discharge the duties of civil administration, to bring suit in court,
to be admitted to the Association of the Rhetoricians, or to impart
instruction to young persons. And if any Samaritan, after having proved
himself worthy to receive baptism, should return to his former error
and be detected in observing the Sabbath, or in doing anything else
which proves that he was only baptized through simulated conversion,
We order that he shall be proscribed, and sentenced to exile for life.
We subject to the same penalty those persons who, in opposition to the
Christian faith, have impiously given him protection. It seems to Us,
however, very proper that those who solicit the sacred rite of baptism
should not hastily be permitted to receive it, and We desire them to
be examined and the advice usually given at the time of initiation to
be communicated to them. We also order that those who can, in any way,
be influenced by good doctrine shall, in the first place, be instructed
in the faith for two years, and become familiar with the Holy Scriptures;
and that they then be presented with the sacred baptism, the symbol
of redemption, and obtain the fruit of this sacrament, after a sufficiently
long repentance. This provision, however, shall not be applicable to
the children of Samaritans who, on account of their age, are unable
to understand the doctrine of the Church, for We allow them to be honored
with baptism without this requirement. No Samaritan shall hold a Christian
as a slave, and if he should buy one, he must be restored to freedom.
When the slave of a Samaritan adopts the false doctrine of his master,
he shall be permitted to obtain Roman liberty immediately, if he embraces
the Christian faith. |
EPILOGUE. |
Therefore
Your Glory will cause what We have been pleased to enact by the present
law to be published in the usual manner, and carried into effect.
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