THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ VI ~ |
ANYONE
CAN BECOME A MONK EITHER AT THE AGE ESTABLISHED BY THE SIXTH COUNCIL,
OR AT THAT FIXED BY THE DIVINE BASILIUS ; BUT THE DISPOSITION OF
HIS ESTATE, NO MATTER WHEN HE ENTERED THE MONASTIC ORDER, SHALL BE GOVERNED
BY THE RULES WHICH WE ARE ABOUT TO PRESCRIBE, OR A BOY OF TEN YEARS
OF AGE CAN BE ADMITTED INTO THE MONASTIC ORDER. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Stephen, Most Holy Archbishop of Constantinople, and
Universal Patriarch. |
It is necessary
to determine the age at which those who desire to enter a monastic life
can do so, for the reason that different rules have been laid down by
Our Holy Fathers upon this subject; and, as many of them conflict, the
differences should be reconciled. Therefore We, together with Your Holiness
and your pious archbishops, have carefully examined the opinion of the
great and admirable Basil, namely, that persons can not assume the monastic
habit until they are sixteen or seventeen years old, and that of the
Sixth Council, which held that they could do so at ten. We have adopted
both of these rules and decided that anyone is eligible at either of
these ages. So far as the power of alienation of property is concerned,
We have determined that whoever assumes the monastic habit at sixteen
or seventeen years of age can dispose of the same as he pleases, for
We think that the great Basil fixed this age in order that it might
not be an impediment to the exercise of this power. When a boy at the
age of ten years desires to change his status by embracing a monastic
life, it is clear that the Holy Council established the age at which
he could do this with a view to aiding him in this respect; but We,
nevertheless, do not grant him authority to dispose of his property
by will, and decide that he cannot enjoy this right until he has reached
the requisite age. If he should die before having done so, all his slaves
shall be entitled to their freedom, and his estate shall be divided
into three equal parts, one of which shall go to his relatives, and
the other two to the monastery. When he has no relatives, the monastery
shall be entitled to his entire estate. |
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