Even these rules required to be occasionally enunciated in order to maintain their observance. In 530 a constitution of Justinian calls attention to the regulation prohibiting the marriage of deacons and subdeacons, and in view of the little respect paid to it, the Emperor proceeds to declare the children of such unions spurious (not even nothi or naturales) and incompetent to inherit anything; the wife is likewise incapacitated from inheritance, and the whole estate of the father is escheated to the church—the severity of which may perhaps be a fair measure of the extent of the evil which it was intended to repress.[162] Five years later Justinian recurs to the subject, and lays down the received regulations in all their details. Any one who keeps a concubine, or who has married a divorced woman or a second wife, is to be held ineligible to the diaconate or priesthood. Any member of those orders or of the subdiaconate who takes a wife or a concubine, whether publicly or secretly, is thereupon to be degraded and to lose all clerical privileges; and though the strongest preference is expressed for those who though married preserve strict continence, the very phrase employed indicates that this was altogether a matter of choice, and that previous conjugal relations were not subject to any legislative interference.[163] These same regulations were repeated some ten years later in a law, promulgated about 545,[164] which was preserved throughout the whole period of Greek jurisprudence, being inserted by Leo the Philosopher in his Basilica,[165] quoted by Photius in the Nomocanon, and referred to as still in force by Balsamon in the thirteenth century.[166] At the same time Justinian tacitly admits the failure of previous efforts when he adds a provision by which an unmarried postulant for the diaconate is obliged to pledge himself not to marry, and any bishop permitting such marriage is threatened with degradation.[167]