THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
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PERSONS
WHO HAVE EMBRACED A MONASTIC LIFE AND POSSESS PROPERTY ARE NOT PROHIBITED
FROM DISPOSING OF IT BY WILL ; AND IF THEY BROUGHT ANYTHING INTO THE
MONASTERY AT THE TIME WHEN THEY ENTERED IT, THEY SHALL BE AUTHORIZED
TO DISPOSE OF WHAT THEY HAVE SUBSEQUENTLY ACQUIRED, BY WILL, IN ANY
WAY THAT THEY DESIRE. BUT WHERE THEY BROUGHT NOTHING THERE IN THE BEGINNING,
THEY SHALL ONLY HAVE THE POWER TO DISPOSE OF TWO-THIRDS OF WHAT THEY
MAY SUBSEQUENTLY OBTAIN, AND THE MONASTERY SHALL BE ENTITLED TO THE
OTHER THIRD, OR A MONK CAN, BY WILL, DISPOSE OF THE PROPERTY WHICH HE
HAS ACQUIRED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Caesar, Most Holy Archbishop of Constantinople, and
Universal Patriarch. |
You
whom the origin of all light has placed in the great firmament of the
Church as a divine star, whose duty it is to illuminate the world, have,
together with the reverend bishops, often informed Us of your uncertainty
with reference to the question whether monks ought to be permitted,
or forbidden to dispose of the ownership of property acquired by them
after having embraced a monastic life. You have, as We already stated,
frequently urged Us on account of your uncertainty to investigate with
you this perplexing point, as the doubts to which it has given rise
obscure as with a cloud the light of reason, without which no satisfactory
conclusion can be reached. Therefore, always deeply impressed with veneration
for Your sacerdotal dignity, We are about to take measures to comply
with your request. In
the first place, We shall mention what has been laid down by the ancient
authorities concerning those who desire to embrace a monastic life,
that is, that before entering the one which they desire to live, they
must first dispose of all their property by will, and when it has not
been done they will be deprived of this privilege, and everything they
have will pass to the church in which they have assumed the tonsure.
This was decided with reference to such as had already adopted a monastic
life (with the exception of those who had surviving children entitled
to inheritance), and it was held that this was the best thing that anyone
could do, and that nothing ought to be added to or taken from this provision.
For he who, having been able to dispose of his property before his change
of status, does not make use of his privilege, can then very properly
be deprived of it, because he himself is responsible for his disability,
and he is, to some extent, considered to have renounced it, and the
strictest construction of the law is no longer opposed to its being
taken from him. Again, since he has wished to release himself from the
anxieties of this world, would it not be absurd for him any longer to
support its burdens and submit to its annoyances? Therefore, when anyone
has embraced a monastic life, as We have already stated, this decree
shall not be supplanted by another, when the person in question has
no children. But when there are any children (as it would not be right
for them to suffer from the silence of their father), the monastic habit
should not altogether deprive them of the right of testation, but it
is clear that he can make a will in their favor disposing of the shares
to which they are entitled by a just and legal distribution, but so
far as the share of the father is concerned, he has no right to dispose
of it by will, as all of it belongs to the monastery. But if death,
as frequently happens in the course of human affairs, should suddenly
prevent the distribution of his property, any provision which he may
have made for his children shall, by all means, take effect; but this
shall be done in the manner aforesaid, where what belongs to them by
law must be set apart for their benefit, and the remainder will go to
the monastery. This is the method of disposition of property which anyone
may employ before adopting a monastic life. But with reference to property
acquired by the father subsequently, and concerning which Your Holiness
has applied to Us for a decision, We have thought that a distinction
should be made. For anything which a monk was not entitled to leave
by will before entering a monastery he cannot dispose of in this way
afterwards; as he is then deprived of the right of testation, because,
while he was in the world, and the property was in his possession, and
he could dispose of it but did not do so, he himself is to blame for
his own legal disability; but after he has embraced a religious life,
there is no reason why anyone should be prevented from disposing of
what is his, either in person or by someone else. If, however, it should
be said that for the sole reason that he was a monk, the monastery should
be entitled to his entire estate, I do not know whether a decision of
this kind is in accordance with monastic regulations or not. For, in
the first place, is it proper for those who have professed contempt
for the affairs of the world and its riches, to desire to hold them
under any excuse whatsoever? Then a monk may have poor relatives, who
are in need of a helping hand, and why should he then display a spirit
so foreign to humanity as not to relieve their distress by giving them
his estate; but should not only repulse his friends and kinsmen as strangers,
and retain everything himself for the benefit of the monks; just as
We see voracious and greedy men, while eating, manifest reluctance to
leave anything for their companions? Nor can a slave be freed from the
bonds of servitude; nor anyone entitled to commiseration obtain it;
nor a person destitute of the necessities of life hope for relief, when
all the property of the monk is transferred to his monastery. Hence
We have very properly decided that if anyone, at the time when he embraced
the monastic life, consecrated anything to the Church, whatever he may
have acquired thereafter he shall be at liberty to dispose of in any
way that he wishes; but any property that he brought into the monastery
in the beginning must be divided into three parts, two of which he can
make such disposition as he pleases, and the third will belong to the
monastery. This is what We have decided with reference to the point
which you have submitted to Us. Your Holiness will communicate these
matters which have been decreed to all the metropolitans, and direct
them to notify the bishops under their jurisdiction, in order that the
latter may inform the churches in their dioceses; so that in this way,
both now and hereafter, these provisions may become familiar to all
persons and be carried into effect. |
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