58 Privileged Status of Orthodox Children Inheriting from Heretical, Jewish, and Samaritan Parents
Justinian(?)
Between 527 and 528
This law was probably given by Justinian, as the editors of CJ placed it between CJ 1:5:12 from 527 and CJ 1:5:19 from 529 (CJ 1:5:14-18 lack dating information).
Its content suggests that it was given before 528, for it referred to the limitations imposed on emancipations of slaves by the Fufius-Caninius Law, which was abrogated by Justinian in 528.1 The text of the present law has been preserved in the Constitutionum Ecclesiasticarum Collectio.This law presents a fairly accurate translation of the main measures of the law promulgated by Valentinian III on 7—or 8—April 426, on the status of Orthodox children who inherit from Jewish and Samaritan parents (see above, No. 52). These are as follows:
(A) Such heirs shall receive at least what was due to them in cases of intestacy; any will made in contravention of this shall be
58 Inheriting from Heretical Parents
invalidated, with the exception of the clause on emancipations of slaves, provided it was done according to law.
(B) Heirs who committed crimes against their parents are entitled to a quarter of the inheritance, albeit the procedures of accusation and punishment against them shall be duly carried out.
This law, directed equally against heretics, Jews, and Samaritans, should be seen as one element in the campaign launched in 527 against all non-Orthodox (see above, No. 56).
Codex Justinianus, 1:5:13, ed.
Krüger, p. 55Oi όρθόδοξοι παίδες τών αιρετικών μή άμαρτήσαντες κατ’ αύτών άμείωτον λαμβάνουσι τό εξάδιαθέτου αύτοίς άρμόζον· καί ή παρά ταΰτα γενομένη τελευταία βούλησις άκυρούται, φυλαττομένων τών έλευθεριών, εί μή κατά τινα νόμον κωλύονται. El δέ τι πλημ- 5 μελήσουσιν είς τούς γονείς, κατηγοροΰνται καί τιμωρούνται. *Εχουσι δέ καί ήμαρτηκότες τό τέταρτον τής ούσίας αύτών κατά διαθήκας.
Τά αύτά καί περί Ιουδαίων καί Σαμαρειτών.The Orthodox children of heretics, who have not sinned against them, shall receive undiminished what is due to them in intestacy; a last will done in violation of this shall be invalidated, with exception of the manumissions, if they are not prevented by any law. If they shall sin in anything against their parents, they shall be charged and punished. Even those who have sinned shall have a quarter of their property, contrary to the testaments. The same also in regard to Jews and Samaritans.
NOTES
1. See Institutiones, 1:7, De lege Fufia Caninia sublata.
BIBLIOGRAPHY
Juster, II, pp. 91-92; Seyberlich, p. 74; S. Winkler, “Die Samariter in den Jahren 528/39,” Klio, XLIII-XLV (1965), p. 450; Kaser, RPR, II, p. 486; Avi- Yonah, pp. 248-249.