THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXVIII ~ |
MONKS
AND OTHER MEMBERS OF THE CLERGY CAN BE APPOINTED GUARDIANS, BUT THEY
SHALL BE DEPRIVED OF THE CONTROL OF THEIR WARDS AS WELL AS OF THE ADMINISTRATION
OF THEIR PROPERTY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
It
seemed advisable to the ancient legislators, probably because in their
time guardianship was uniform and simple, and the name
of guardian was only given to those who were entrusted with the defence
of minors, to establish the rule that monks and all other members of
holy orders could not act as guardians; and, indeed, this was very proper,
for they believed that those who had devoted themselves to the service
of God should be free from the occupations and anxieties attaching to
all other pursuits. No one is ignorant of the fact that the responsibility
of rearing and governing children distracts the mind to such an extent
as to prevent those who undertake it from discharging the duties incumbent
upon them. Therefore, as this subject presents no little difficulty,
and especially on account of the length of the time required by the
trust (for guardians are usually occupied during almost their entire
lives through the serious responsibilities involved), they were right,
as I have already stated, in enacting such a law. But as their predecessors
did not exclusively apply this name to those who administered guardianships,
they also extended it to the persons in whom testators reposed sufficient
confidence to entrust them with their testamentary dispositions, and
charge them with their execution; and, indeed, it was doubtful whether
monks or other members of holy orders could, in conformity with this
law, be appointed guardians and undertake the performance of their functions.
We hereby establish a distinction, and decree that those must absolutely
be excluded from the exercise of guardianship who were excepted by the
law formerly enacted, and that it will be lawful for them to act under
the one subsequently passed, for the reason that the requirements of
the trust are not sufficiently serious to divert them from their religious
duties and consume all of their time. Moreover, there is the greater
certainty that they will faithfully carry out the intentions of the
testator, and that they will live more regularly and piously than those
whose attention was exclusively directed to profane matters and to impure
and terrestrial affairs. |
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