THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XIV ~ |
CONCERNING
THOSE WHO LEAVE A MONASTERY UNFINISHED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
To
the Same. |
He
who begins anything precipitately and with too great eagerness, and
even in the very beginning is deprived of the power and the ability
to complete it, whether he is actually vicious, or has undertaken more
than he can accomplish, should be despised and considered worthy of
censure. Our Lord Jesus Christ, who always makes use of proverbs in
his instructions, mentions this in the Gospels when he speaks of the
foundation and completion of a city, and it is therefore reasonable
that Our Sacred Laws and Imperial Decrees should also employ the same
language whenever they forbid the foundation of a monastery, where the
means are insufficient to complete it. For it is only when some enterprise
can be perfected that the name which it is destined to bear can be given
it, and so long as it is imperfect, it would be absurd to designate
it by the appellation that it can only have when it is entirely finished.
Therefore, as has already been stated, it is only reasonable that both
Our Sacred and Civil Laws should forbid the foundation of a monastery,
when sufficient funds are not available for its completion. Still, as
one can not exactly know when a monastery should be considered finished,
for the laws have prescribed nothing definite in this respect, We have
deemed it advisable to promulgate an Edict which will render this matter
clear and certain. Hence We declare (as has been stated by Our Lord),
"Where two or three are gathered together in my name, there am
I in the midst of them," the application of which is, that for
any building whatever to be able to assume the name of monastery, it
must be large enough to accommodate at least three persons; in which
case, if considerable property should be added thereto, it will be entitled
to be designated a monastery. Thus, in order for a monastery to be devoted
to sacred uses, it will he necessary for at least three monks to take
part in the consecration. But as the greater portion of the persons
who apply themselves to undertakings of this kind die before the latter
are completed, We hereby decree that when they have made a will, their
monastery can ask to be released from the acceptance of the legacies
bequeathed to it; and if the founder should die intestate, which frequently
happens on account of the uncertainty of the time of death, the monastery
will be entitled to a fourth of his estate where he only left three
children, or if he left a larger number it can, in preference to all
charges and obligations, take out of their share a portion equal to
that of each one of them. When, on the other hand, the deceased had
no children, but left some ascendants, his estate shall be divided into
two equal parts, one of which shall go to his ascendants, and one to
his monastery, and if, instead of children or ascendants, he left only
collateral relatives as heirs, the latter, no matter what the number
may be, will only be entitled to one-third of the estate, and the other
two-thirds will go to the monastery; and finally, if, through forgetfulness,
or for any other cause, the testator, having lawful ends in view, made
a will in opposition to these provisions, the ecclesiastic in authority
in the neighborhood will have the power to take from the estate a sufficient
sum to maintain the monastery, and provide for the monks; and the other
testamentary dispositions made by the deceased shall be observed, so
far as the remainder of the property is concerned. |
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