Page:The age of Justinian and Theodora (Volume 2).djvu/345

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it was only strict justice for him to be "deprived of all earthly advantages, so that he might languish in misery."[1] Hence the legal enactments against such religious dissidents subjected them to civil and sometimes to physical death. They were accordingly excluded from all offices of dignity in the State, as well as from holding any magistracy "lest they should be constituted as judges of Christians and bishops."[2] Similarly, the liberal professions were barred to them, "for fear of their imparting to others their fatal errors."[3] Wills made by them were not recognized in law unless in favour of Orthodox children or relatives, and, if they had none such, then the Treasury instituted itself as their successor.[4] The testimony of heretics was not received in court against the Orthodox,[5] and they were forbidden to hold Christian slaves.[6] Hence, the slaves of heretics possessed the power of self-emancipation by professing themselves converts to the Orthodox faith. There were, however, degrees in heresy, and the proscriptive laws were not pressed with equal force against all. Manichaeans, Pagans, Montanists and the various sects of Gnostics were the most odious,[7] whilst Arians, Nestorians, and Monophysites were not pronounced against by name in the first decade of Justinian's reign.[8] The disciples of Mani were frankly condemned to death wherever found, "so that their very name might perish from among the nations."[9] It was a crime to possess their

  1. Cod., I, xi, 10.
  2. Ibid., v, 12.
  3. Ibid.
  4. Ibid., 13, 18, 19; Nov. cv, 3.
  5. Cod., I, v, 21.
  6. Ibid., iii, 56; vi, 3.
  7. Ibid., v, 11, 18, 21, etc.
  8. Nov. cix. By this law heretic wives are deprived of the right to recover their dowry, etc.
  9. Cod., I, v, 12, 16, etc.