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.



 
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.