That we might lead back to better fruit the impious heresy of the Samaritans and their senseless folly devoid of all reason, and might free their souls from the disease by which they are held fast, full often both our most pious prince and father, and we ourselves, have made it our concern. But in the case of most of them we could not bring to effect that upon which we had long labored with zeal. For some of them have broken out into such madness that, although deemed worthy even of saving baptism, they have returned again to that evil from which they had departed, and are discerned to hold the same things in esteem as the Samaritans, and to be driven by the same frenzy as they. It has therefore seemed excellent to us to renew that old law formerly set forth against them by our father.
And therefore we ordain that they themselves shall be made heirs neither by the tablets of a testament nor without them, nor receive legacies, nor obtain anything under the title of a donation. But neither shall the Samaritans, or in general the heretics, or those who feign to embrace the right faith of Christians while in truth they neither so believe nor do things consonant with it, having been called to an inheritance on intestacy, hold the succession. Likewise let them neither draw up testaments, nor leave legacies, nor make donations, except to those who are to receive them and rightly believe concerning the faith and are faithful in works. For if there be none of these, we command that after their death the goods of these persons shall pertain to the most sacred treasury.
Whence also that sacred form, granted to them by the indulgence of our father, which, holding the place of law, bestowed upon them that they might both enter upon and transmit an inheritance, likewise be honored with legacies and leave legacies, shall in future be void, and shall have no firmness whatsoever. For if those who are driven by the frenzy of the Samaritans shall have shown themselves unworthy of this clemency, they will accuse no other than themselves, since they are aliens from the kindness of God and our Savior Jesus Christ. And they lose the liberalities once granted them by the imperial majesty in this respect, that they might return to a better mind, not that they might remain perpetually in this perverse opinion of theirs.
But we except from the present law the country folk who hold the opinions of the Samaritans in honor; and that not for their own sake, but on account of the establishment of the estates which are cultivated by them, and on account of the revenues and tributes which thereby accrue to the public, inasmuch as they are seduced by rusticity. For these we permit that they may write both their ascendants and their descendants, and their collateral kinsmen, as heirs or legatees, even though they be held by the error of the Samaritans, yet so that they cultivate the lands aright, whereby a richer produce may thence be brought to the lords of the estates, and through them to the fisc. But also without testaments the aforesaid shall pass the one to the inheritance of the other, for the same cause.
Since even if none of these be found, we nevertheless will that the lord of the estate, on which the countryman died, shall take the things left by him, and hold the place of the fisc, inasmuch as he also satisfies the public tributes on his behalf. Moreover, we by no means grant that a Samaritan may take up military service, nor accede to civil administration, nor plead in court, nor lastly be received into the fellowship of the most eloquent rhetors, nor instruct the young.
But also if any of them, deemed worthy of saving baptism, having returned again to their former error, should be seen to observe the sabbaths or even to do certain other things which convict them of having assumed holy baptism through pretense, we command that they be proscribed and delivered to perpetual exile. To the same penalties also we subject those who, against the right faith of Christians, have furnished impious patronage to these men. And it seems to us most excellent that those who hasten to the undefiled baptism be not rashly received, but with a certain observance and instruction, which is wont to take place at the time of initiation.
And we say that those who can in any way be touched by some perception of good doctrine should first for two years be instructed in the faith, and learn the Scriptures to the best of their power; and only then at last be offered to the sacred baptism of redemption, having through so long a time of penance fully attained the fruit of redemption. But children who are very young, who through their age cannot understand doctrines, we admit to be deemed worthy of holy baptism even without this observance. Further, let no Samaritan have a Christian slave; but as soon as one shall have been bought, let him straightway be hurried into liberty.
But if the slave be of an equally perverse opinion as the master himself, let it be lawful for him, if he embrace the Christian sentiment concerning the faith, forthwith to obtain Roman liberty thereby. The things therefore which have pleased us, and are declared through the present law, do you, your glory, setting them forth in the solemn places, command to be brought to effect and to their end.