Chapter XXVI.—Amendment of the Law in Force respecting Childless Persons, and of the Law of Wills.
So numerous, indeed, were the benefits of this kind conferred by the emperor on every province, as to afford ample materials to any who might desire to record them. Among these may be instanced those laws which he entirely remodelled, and established on a more equitable basis: the nature of which reform may be briefly and easily explained. The childless were punished under the old law with the forfeiture of their hereditary property, a merciless statute, which dealt with them as positive criminals. The emperor annulled this, and decreed that those so circumstanced should inherit. He regulated the question on the principles of equity and justice, arguing willful transgressors should be chastised with the penalties their crimes deserve. But nature herself denies children to many, who long, perhaps, for a numerous offspring, but are disappointed of their hope by bodily infirmity. Others continue childless, not from any dislike of posterity, but because their ardent love of philosophy 3326 renders them averse to the conjugal union. Women, too, consecrated to the service of God, have maintained a pure and spotless virginity, and have devoted themselves, soul and body to a life of entire chastity and holiness. What then? Should this conduct be deemed worthy of punishment, or rather of admiration and praise; since to desire this state is in itself honorable, and to maintain it surpasses the power of unassisted nature? Surely those whose bodily infirmity destroys their hope of offspring are worthy of pity, not of punishment: and he who devotes himself to a higher object calls not for chastisement, but especial admiration. On such principles of sound reason did the emperor rectify the defects of this law. Again, with regard to the wills of dying persons, the old laws had ordained that they should be expressed, even at the latest breath, as it were, in certain definite words, and had prescribed the exact form and terms to be employed. This practice had occasioned many fraudulent attempts to hinder the intentions of the deceased from p. 547 being carried into full effect. As soon as our emperor was aware of these abuses, he reformed this law likewise, declaring that a dying man ought to be permitted to indicate his last wishes in as few words as possible, and in whatever terms he pleased; and to set forth his will in any written form; or even by word of mouth, provided it were done in the presence of proper witnesses, who might be competent faithfully to discharge their trust.
[The word “philosophy,” here and in the 28th chapter, plainly indicates that virginity which was so highly honored in the earlier ages of Christianity, and the undue exaltation of which was productive, necessarily, of evils which it is scarcely possible to estimate at their full extent.—Bag.] On the growing prevalence of the practice of virginity compare Hatch, Virgins, in Smith and Cheetham, Dict. But this note belongs rather to the paragraph below; for the author does not refer to Christian virginity but primarily to philosophical celibacy in this instance. The Neo-Platonic philosophy of the times, through its doctrine of the purification of the soul by its liberation from the body or sensuous things, taught celibacy and ascetic practices generally. So Plotinus (d. 270 a.d.) practiced and taught to a degree, and Porphyry (d. 301+) more explicitly. Compare rich literature on Neo-Platonism, and conveniently Zeller, Outlines of Gr. Philos. Lond., 1886, p. 326–43, passim.