THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ VIII ~ |
WHEN
ANYONE FORMS THE DESIGN OF ABANDONING A HOLY MONASTERY AND REJECTING
THE MONASTIC HABIT, AND, IN ORDER TO DO SO, ASSUMES THAT OF PROFANE
PERSONS, HE WHO DARES TO COMMIT SUCH AN ACT SHALL, EVEN AGAINST HIS
WILL, BE COMPELLED TO RESUME THE MONASTIC HABIT, AND BE RETURNED TO
THE MONASTERY WHENCE HE WICKEDLY FLED, OR CONCERNING MEMBERS OF THE
CLERGY WHO ABANDON A MONASTIC LIFE AND ARE ENROLLED AMONG THE ATTENDANTS
OF GOVERNORS OF PROVINCES. |
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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. |
At
a time when young persons desiring to live an irregular life, attracted
by the elegance of the manners of wicked persons, seek their company,
and measures are taken to prevent them from following their inclinations
to pursue a vicious and corrupt career, it is a matter of surprise that
the ancient law permitted those who had embraced a monastic life, and
had ventured to abandon it to accomplish their wishes, and, having resumed
their secular habits, in the language of the Holy Scriptures, like dogs
returning to their vomit, again tread the filthy paths of their former
existence. A law
provided that anyone who renounced the monastic life should be compelled
to return to it the first time that this happened, but if it was repeated
he could not return, but must be enrolled in the provincial cohorts
of the army. But if it was decided to be proper that a monk who abandoned
his monastery could again assume a profane habit, why should he not
have been permitted to do so the first time that he fled, and, instead
of this, be compelled, even against his will, to resume the profession
which he had renounced? And if, on the other hand, the decision in a
case of this kind appeared to be just, why was it not adhered to, and
why was it established that, after his second desertion, the unfortunate
monk should be compelled to adopt a military life? This regulation appears
to Us absolutely void of propriety, and as We do not approve that anyone
who has been enrolled in the legions or the divine soldiery should become
one of the military force of Our Empire, We hereby enact as a law the
canon of the ecclesiastical order that anyone who, disgusted with religious
life, abandons his monastery several times, shall not be permitted to
resume the secular habit, for even though he is compelled to return
the first time that he leaves it, why should he not be tempted again
to depart, if he knows that by doing so he can regain his profane status,
and, under no circumstances, be forced to return to monastic life? |
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