THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XLV ~ |
NEITHER
JEWS, SAMARITANS, NOR HERETICS SHALL BE RELEASED FROM CURIAL OBLIGATIONS
ON ACCOUNT OF THEIR RELIGION, BUT THEY SHALL PERFORM CURIAL FUNCTIONS
WITHOUT ENJOYING CURIAL PRIVILEGES, AND THOSE WHO ARE LIABLE TO THESE
OBLIGATIONS SHALL BE PERMITTED TO GIVE TESTIMONY AGAINST ORTHODOX CHRISTIANS
AS WELL AS IN FAVOR OF THE ORTHODOX GOVERNMENT. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Praetorian Prefect, Twice Consul and Patrician. |
PREFACE. |
Your
Highness has informed Us that Jews, Samaritans, Montan-ists, and other
men deserving of contempt, for whom the light of the immaculate faith
has never shone, who remain in darkness and have never experienced in
their minds the benefit of the true sacraments, are included among decurions;
and because We hold heretics in horror, they think, for this reason,
that they are exempt from curial obligations, and refuse to perform
the duties incumbent upon them. We, however, are surprised that one
of your wisdom and shrewdness should have accepted their excuses, and
did not at once hasten to punish them, for if certain individuals think
that, because of some extreme absurdity, they are entitled to the enjoyment
of certain privileges which We have reserved only for persons of the
highest distinction, who is there among Our subjects who will not hereafter
manifest extreme insolence and folly? Wherefore, let such men continue
to perform curial as well as official duties, as was formerly decreed,
whether they complain or not; and no religion or civil condition shall
render them exempt (for nothing is mentioned on this point in either
the ancient or modern law), but they shall not enjoy the honor attaching
to the office of decurion, or the privileges granted to persons of this
kind, for instance, freedom from corporeal punishment, exemption from
removal to other provinces, and numerous others. But
where anything is stated with reference to decurions which does not
confer any privilege, it shall also apply to these, and they shall be
liable to personal and pecuniary charges, and no law shall exempt them
therefrom; they shall enjoy no honors, but must remain in the baseness
of their condition to which they are devoted. These are the provisions
which We have enacted on this subject. |
CHAPTER I. |
You
have also mentioned another matter which is worthy of inquiry. We have
forbidden heretics to testify whenever orthodox persons are engaged
in litigation with one another, and We have permitted them
by Our Constitution, whenever they have any legal controversies with
one another, or either the plaintiff or the defendant is an heretic,
he can testify, because they are litigants; and they can give testimony
for an orthodox person against a heretic, but not against one who is
orthodox; and, in conclusion, We have prescribed that the evidence of
such persons is not admissible when orthodox believers are engaged in
legal disputes with one another. You have stated to Us that when orthodox
persons desire to be released from curial obligations, the testimony
of their relatives and others familiar with their condition may be received.
As the law rejects the evidence of heretics when offered against orthodox
Christians, the judges hesitate to permit it under such circumstances.
We, however, think that this apprehension is unfounded, for as such
persons are permitted to testify in behalf of orthodox believers (for
the law does not forbid them to do this), then, where decurions desire
to be released from their public obligations, and call heretics to testify
in their behalf, why should not this be permitted? In this instance
the orthodox government which God has especially entrusted to Our administration
is one of the litigants, those, however, who give evidence for the government,
in reality testify for orthodox persons. Our conclusion is just, it
is consistent with the orthodox faith, and is based upon the hatred
which We entertain for all heresies. |
EPILOGUE. |
As
soon as Your Highness is informed of Our wishes, being aware of what
is beneficial to Our government, and, above all, remembering that We
have been careful to prescribe by the present constitution what is advantageous
to the public welfare, will see that it is observed.
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Given at Constantinople, on the fifteenth of the Kalends of September, after the Consulate of Belisarius. |
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