The Novels of Justinian : Novel 123 ( Scott )

THE ENACTMENTS OF JUSTINIAN.

THE NOVELS.

~ CXXIII ~

CONCERNING THE MOST HOLY BISHOPS AND THE MOST REVEREND CLERGY AND MONKS.

( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).

The Emperor Justinian to Peter, Most Glorious Master of Our Imperial Offices.

PREFACE.

We, having already made some certain provisions with reference to the government and privileges of the holy churches, and other religious houses, as well as to other subjects connected therewith, have deemed it advisable to include in this law, after suitable correction, the provisions long since enacted in different constitutions concerning the holy bishops, the clergy, and the monks.

CHAPTER I.

CONCERNING THE CONSECRATION OF BISHOPS.

Therefore We decree that every time it becomes necessary to consecrate a bishop, the clergy and the primates of the city shall, in the presence of the Holy Gospels, issue a decree in favor of three persons, in which they must state, at the peril of their souls, that they have not been induced to make the choice of the said three persons, either by gifts, promises, friendship, or any other motive; that they know that those whom they appoint profess the Catholic faith; that they are of honorable life; that they are acquainted with letters; that they neither have, nor have had, a wife or concubine; and have had no legitimate or natural children; or that, if in the beginning, anyone of the said three candidates did have a wife, he had only one, and that she was neither a widow, nor had been married to another man, and that the laws or Imperial Constitutions did not prohibit his marriage to her; and that, finally, none of the three candidates is a decurion or other official, or if one of them is liable to obligations of this kind, he has assumed the monastic habit and been the inmate of a monastery for not less than fifteen years.
(1) The following must also be inserted in ecclesiastical decrees; namely, that the person chosen is not less than thirty-five years of age, and is well known to the clergy; and among the three persons in whose behalf such a decree is issued, the best qualified shall be consecrated on the responsibility of the prelate who performs the ceremony. A decurion or other official who, as has just been stated, is called to the episcopate after having resided for fifteen years in a monastery, shall be released from his civil obligation; still, although this is done, he shall only be entitled to the fourth of his property, and the remainder, in accordance with Our law, shall belong to the curia and the Treasury.
(2) We, however, give permission to those who issue the decree, that if any one of the laity, except a decurion or other official, is considered to be worthy of the above-mentioned choice, he shall be elected along with two other members of the priesthood, or monastic order, and where a layman is raised to the episcopate in this way, he shall not immediately be consecrated a bishop; but, in the first place, he shall be enrolled among the clergy for not less than three months, and instructed in its sacred canons, and the daily service of the Church, and then he may be consecrated bishop, for he whose duty it is to instruct others should not be taught by them after his consecration. When (as happens in certain places) three eligible persons are not to be found, those who issue the decrees shall be permitted to designate two or even one alone, but they must possess all the qualifications already prescribed by Us. If, however, those whose duty it is to elect a bishop do not issue their decrees within six months, then the prelate whose duty it is to perform the consecration can do so at the peril of his soul, and all the other formalities which We have enumerated must be observed. Where anyone is consecrated bishop in violation of these provisions, We order that he shall be expelled from the episcopate; that he who is presumed to consecrate him shall be deprived of office for the space of a year; and that all the property which he has accumulated at any time, or under any circumstances, shall, as a penalty for the fault which he has committed, be transferred to the ownership of the church of which he is the bishop.

CHAPTER II.

CONCERNING THE ACCUSERS OF BISHOPS.

Where a candidate for the episcopate is accused of anything by which, in accordance with the laws or canons, his consecration may be prevented, it shall be postponed, and whether the accuser is present and makes the charge in person, or whether he delays proving it for three months, it must be carefully examined by him whose duty it is to consecrate him, and if he should be found guilty, his consecration shall be refused; but if, on the other hand, he is shown to be innocent, he shall be consecrated, and the accuser, whether he has not succeeded in establishing the accusation, or whether he has abandoned it, shall be driven from the province in which he resides. If, however, the accused person should be consecrated before the accusation has been heard, he shall be expelled from the priesthood, the prelate who hastened to consecrate such a person shall undergo the penalty which We have above prescribed; that is to say, he shall be deprived of the performance of his sacred duties for a year and all his property shall be confiscated for the benefit of the Church.
(1) We, by all means, forbid a bishop to be consecrated in consideration of payment for his election in gold or other property. If anyone should violate this rule, those who pay the money, and those who receive it, as well as any intermediaries, shall suffer condemnation in accordance with the Holy Scriptures and the sacred canons. Hence, both of them shall be deprived of the honor of the priesthood, or of the clergy, and whatever has been given shall be recovered for the benefit of the church whose ministry they attempted to purchase. But when a layman receives the money, or acts as an intermediary for the purpose of obtaining the episcopate for anyone, We decree that there shall be collected from him, for the benefit of the church, double the value of the property given, and We not only wish that whatever has been paid shall be recovered in this way, but also the amount for which any bond may have been executed to secure the acquisition of the episcopate. And We finally order that all pledges and securities given, offers of every kind made, and bonds executed for this purpose shall be void. He who has received a bond shall not only be liable for its amount, but double that sum shall be collected from him for the benefit of the church.

CHAPTER III.

WHERE A BISHOP OFFERS HIS PROPERTY TO THE CHURCH EITHER BEFORE
OR AFTER HIS CONSECRATION, AND WHAT SHALL BE PAID FOR THE RIGHT OF THE SEE.

Where a bishop, either before or after his consecration, desires to offer to the church whose ministry he has received either all or a part of his property, We do not forbid him to do so; and We direct that he shall be released from every sentence and penalty prescribed by the present law, and We also deem him worthy of all praise as his act is not a purchase, but an offering. We permit bishops who have been consecrated, when they assume office, to pay only the sums which are customary, and which are hereinafter set forth. Therefore We order the most blessed archbishops and patriarchs, that is to say, those of ancient Rome, of Constantinople, Alexandria, Antioch and Jerusalem, who have been accustomed to pay twenty pounds of gold at the time of their consecration by bishops and clerks, to continue to pay the said sum, but We forbid them to pay anything more. We decree that the metropolitans, who are consecrated by their own synod, or by the most blessed patriarchs, as well as all other prelates who are consecrated by patriarchs and metropolitans, shall pay a hundred solidi for the right of the see, and that they shall formally pay three hundred to the notaries of the prelate who confers the consecration, and his other officials. When the annual revenues of the church are less than thirty pounds of gold, but are not less than ten, one hundred solidi shall be paid for the right of the see, and two hundred to all the officials who are accustomed to receive them. When the revenues of the church are under ten pounds of gold, but not under five; fifty solidi shall be paid for the right of the see, and two hundred to the officials. When the church has an income of less than five pounds of gold, but not less than two, eighteen solidi shall be paid for the right of the see, and twenty-four to the officials above mentioned. In conclusion, if the amount of the revenues of the church is known to be less than three pounds of gold, but not less than two, twelve solidi shall be paid for the right of the see, and six for every other purpose. For We forbid the bishop of a church which has an income of less than two pounds of gold to pay anything either for the see, or in conformity with any custom whatsoever. The first priest of the bishop who performs the consecration, and the archdeacon, shall receive the sums which We have just enumerated, and shall divide among those who are accustomed to receive them. We order that these rules shall, by all means, be observed, in order that the churches may not be oppressed with debts, and priests become venal. If, however, anyone should, under any circumstances, presume to receive anything in excess of what We have prescribed under the pretext of a right of the see, or of custom, We order that three times the amount which he has been paid shall be taken out of his property for the benefit of the church of him who gave it. These are the regulations which We have promulgated with reference to the consecration of bishops.

CHAPTER IV.

THE EPISCOPATE RELEASES A MAN FROM THE CONDITION OF SLAVE OR SERF.

We order that bishops shall be liberated from their condition of slaves or serfs, after their consecration, unless some decurion or other official has been consecrated without having complied with the prescribed formalities, and We direct that a bishop of this kind shall be expelled from the episcopate, and returned to his curia, or other office, in order that the priesthood may not be injured by his civil condition. We order, however, that those who are subject to curial obligations, and are known to have been consecrated bishops before the enactment of this law, shall be freed from their status; but they can transfer a lawful share of their own property to the curia, and the Treasury, without any interference with ecclesiastical rights so far as the property which, having been acquired during the episcopate, will belong to the Church by virtue of Our provision, is concerned. Where anyone who has been raised to the episcopate is under the control of a parent, he will become independent by the mere fact of his consecration.

CHAPTER V.

CONCERNING PRIESTS, DEACONS, AND SUBDEACONS, CALLED BY THE RIGHT
OF COGNATION TO DISCHARGE THE DUTIES OF GUARDIANS OR CURATORS.

Holy bishops and monks cannot, legally, be appointed guardians or curators of any persons whomsoever; but We permit priests, deacons, and subdeacons to accept the guardianship and the curatorship of an estate under the law, and by the right of cognation; and We authorize those who are called to do so by the degree of relationship, to undertake the administration of these trusts. When, within four months from the time when a priest, deacon, or subdeacon is called to assume the duties of guardianship or curatorship, he states that he voluntarily accepts it, he will not be prejudiced by this statement, so far as any other guardianship or curatorship is concerned.

CHAPTER VI.

MEMBERS OF THE CLERGY SHALL NOT PERFORM THE DUTIES OF PUBLIC OFFICE,
OR TRANSACT ANY SECULAR BUSINESS.

We do not permit a deacon, a steward, or any other member of the clergy, no matter what his rank may be, or any monk attached to a church or monastery, to be appointed a receiver or collector of taxes, a recorder of public or private property, a superintendent of a household, or an attorney to conduct litigation; nor do We allow him to act as surety for any of the above-mentioned purposes; and formulate this rule in order that religious establishments may sustain no injury, or the holy services of the Church be interfered with. When, however, those in charge of churches or monasteries desire to obtain control of adjacent real property either under lease or emphyteusis, We permit them to do so; provided all the members of the priesthood and the monks give their consent in the instrument evidencing the contract, which must be publicly recorded; and they declare that the said religious houses will be benefited thereby. We also authorize churches and other religious houses to contract with one another by lease or emphyteusis, just as We grant members of the clergy the right to lease and control the lands of their own churches, with the consent of the bishop and the steward, with the exception of persons whom We have forbidden to do this by the terms of a former law. If a bishop should violate these rules, We order that all the property which has come into his hands in any way or by means of any person whomsoever, before and after his consecration, shall be demanded and seized by his church. Where stewards, or other members of the clergy do this, a fine fixed by the bishop shall be collected from them, for the benefit of the church; and those to whom they have entrusted the harvest of the crops or any land whatsoever, or the supervision of a house, or who have accepted them as sureties under such circumstances, shall have no right of action against the church or monastery; nor any claim upon the property of either, or upon that of those in charge of the same; nor against the persons to whom they have confided their administrations, or the property or sureties of the latter. If, however, the public should suffer any loss on this account, those who have charged the persons above mentioned with the exaction of public revenues or tributes; or who have farmed out to them collections of any kind; or have accepted them as sureties; shall be compelled to make good the loss out of their own estates.

CHAPTER VII.

A BISHOP SHALL NOT BE BROUGHT INTO COURT FOR THE PURPOSE OF TESTIFYING.

No person shall be permitted to compel a reverend bishop to appear in court for the purpose of giving testimony, but the judge shall send one of his subordinate officers to him, in order that he may state what he knows upon the Holy Gospels in a manner becoming to the priesthood.

CHAPTER VIII.

A BISHOP SHALL NOT BE BROUGHT BEFORE A SECULAR JUDGE
FOR ANY REASON WHATSOEVER.

We do not permit a bishop to be forced to appear against his will before a civil or military judge in any pecuniary or criminal proceeding whatsoever, without an Imperial order; and any magistrate who presumes to issue an order of this kind, either in writing or orally, after having been deprived of his office, shall pay a fine of twenty pounds of gold for the benefit of the church whose bishop was summoned and ordered to appear; and the bailiff who executed the order, after having also been deprived of his office, shall be scourged and sent into exile.

CHAPTER IX.

BISHOPS SHALL NOT LEAVE THEIR OWN CHURCHES.

We forbid the bishops beloved of God to leave their own churches and go elsewhere; and when they are obliged to do so, they must not depart without having obtained letters for that purpose from the Most Blessed Patriarch or Metropolitan, or an Imperial order; hence bishops who are under the jurisdiction of the Most Blessed Archbishop and Patriarch of Constantinople shall not be permitted to visit this Royal City without his permission, or Our order. When a bishop, no matter where he is stationed, leaves his diocese after having complied with this formality, he cannot remain absent from his church longer than a year. Bishops who, as has just been stated, come from any diocese whatsoever to this Royal City, shall, before doing anything else, apply to the Most Blessed Archbishop and Patriarch of Constantinople to be presented by him to Our Tranquillity. Where those who leave their dioceses do not observe these rules, or if they remain absent from their churches longer than a year, in the first place, their expenses shall not be paid by the stewards of their churches, and their superiors must notify them by letters to return, and those who delay doing so shall be recalled in accordance with the sacred canons; and if they do not return within the time prescribed they shall be removed from the episcopate, and better bishops shall be consecrated in their stead, by virtue of the present law. This rule shall be observed with reference to the members of the clergy, no matter to what order they may belong, or what duties they perform.

CHAPTER X.

ARCHBISHOPS AND PATRIARCHS SHALL FREQUENTLY HOLD COUNCILS
AND SYNODS DURING THE COURSE OF A YEAR.

In order that ecclesiastical discipline may be strictly maintained, and the sacred canons be complied with, We order that every blessed archbishop, patriarch, and metropolitan shall call together the very reverend bishops subject to his authority in the same province once or twice every year, in order, with their assistance, carefully to investigate all controversies which have arisen between bishops, clerks, or monks, decide these controversies, and remedy everything which has been done contrary to the canons by anyone whomsoever. We forbid the most reverend bishops, priests, deacons, subdeacons, readers, and all other ecclesiastics, no matter of what holy association or order they may be members, to gamble with dice; to take part as spectators in games of chance, where other persons are playing; or to be present at a public exhibition of any kind. If any one of them should violate this provision, We order that he shall be prohibited from performing his sacred duties for three years, and shall be confined in a monastery. Nevertheless, if during the said term of three years, he should evince repentance in proportion to his sin, his superior is hereby authorized to shorten the time, and restore him to the ministry. The most reverend bishops are notified that they must punish every violation of this law; and if, after having learned of an offence committed against its provisions, they fail to exact the penalty, they themselves will be accountable to God for not doing so. No bishop, however, shall be compelled against his will to remove from his clergy any priest who is under his jurisdiction.

CHAPTER XI.

NO ONE SHALL BE EXCOMMUNICATED BEFORE HIS CASE HAS BEEN DISPOSED OF.

We forbid all bishops and priests to deprive anyone of the holy communion before the offence for which the sacred canons prescribe excommunication has been proved. If anyone, in violation of this provision, should deprive another of the sacrament, he who has been unjustly excommunicated shall be released from the sentence by a prelate of higher authority, and will be entitled to receive the holy communion. But the ecclesiastic who has presumed to exclude him from this sacred rite shall himself be excommunicated by the prelate to whose authority he is subject, for as long a time as the latter may deem advisable, in order that he may undergo a just penalty for what he unjustly did. No bishop shall be permitted to strike anyone with his own hands; for an act of this kind is unbecoming to a member of the priesthood. If any bishop who has been expelled from the priesthood, in conformity with the ecclesiastical canons, should have the audacity to leave the place in which he was ordered to pass his life, and return to the city from which he has been driven, We order that he shall be placed in a monastery situated in some other region, in order that he may, by the practice of a monastic life, atone for the crimes which he committed while in the priesthood.

CHAPTER XII.

WHO THOSE ARE THAT SHOULD BE ORDAINED PRIESTS.

We do not permit members of the clergy to be ordained unless they are acquainted with letters; or where they do not profess the true faith; or where their life is not without blemish, and they shall not be ordained if they have had (or have at the time) a concubine or any natural children. They must live chastely, and must have only one lawful wife, who was neither a widow nor separated from her husband, and with whom marriage was not forbidden either by the laws or the sacred canons.

CHAPTER XIII.

CONCERNING THE AGE OF PRIESTS AND OTHER MEMBERS OF THE CLERGY.

We do not permit anyone to be ordained a priest who is under thirty-five years of age, or to become a deacon or subdeacon under twenty-five, or a reader under eighteen years. A woman who is less than forty years of age, or who has married a second time, shall not be made a deaconess in the Holy Church.

CHAPTER XIV.

CONCERNING THE WIVES OF MEMBERS OF THE CLERGY.

If at the time of the ordination of a member of the priesthood, no matter to what body or order he may belong, an accuser appears, who states that the candidate is unworthy of receiving ordination, the ceremony must be postponed, and the hearing of the accusation, as well as what We have prescribed with reference to the consecration of bishops, shall be proceeded with. Where anyone who is to be made a deacon has not (as has previously been stated) been married, he shall not be ordained until after an examination conducted by the ecclesiastic who is to confer ordination upon him has taken place, and he has promised to live chastely without lawful marriage; and the prelate who ordains the deacon or subdeacon shall not, when he performs the ceremony, authorize him subsequently to take a wife. Any bishop who permits this to be done shall be deprived of his episcopate. If, however, after his ordination, any priest, deacon or subdeacon should marry, he shall be expelled from the clergy, and shall be delivered, along with his own property, to the curia of the city in which he is an ecclesiastic. But where a reader marries a second time, or his first wife was a widow, or separated from her husband, or her marriage was prohibited by the laws or sacred canons, he shall, by no means, be promoted to any other ecclesiastical dignity; and if this should take place under any circumstances whatsoever, he shall be deprived of his office and restored to his former position.

CHAPTER XV.

UNDER WHAT CIRCUMSTANCES DECURIONS
CAN BE ORDAINED MEMBERS OF THE CLERGY.

We do not permit a decurion, or the incumbent of any office, to be ordained a member of the clergy, in order that no injury may be done to this holy order. If, however, persons of this kind should become members of the clergy, the result will be the same as if they had not entered the priesthood, and they shall be restored to their former civil condition, unless, perhaps, one of them has embraced a monastic life for not less than fifteen years, as We direct that persons of this kind may be ordained; but, under such circumstances, a portion of their property shall be given to the curia, and the Treasury. If a decurion, or other official, after having obtained the honor of the priesthood, should marry a wife or entertain a concubine, he shall be returned to the curia, or other civil employment to the status of which he was subject, although he may have been admitted to a clerical organization whose members are not forbidden by the laws or the sacred canons to marry. We decree that this provision shall apply to all other monks who leave monasteries by reason of their promotion to some ecclesiastical dignity, even if they may not have been liable to the performance of civil obligations. Generally speaking, We forbid everyone of any ecclesiastical rank whatsoever to withdraw from it, and become a layman; for he is hereby warned that if he commits an act of this kind, he will be deprived of the magistracy, office, or charge with which he is invested, and transferred to the curial condition of his city. Those who, while subject to curial obligations, have been ordained members of the priesthood before the enactment of this Our present law, shall comply with the pecuniary requirements of their condition, by means of substitutes, and shall personally be released from the performance of municipal duties.

CHAPTER XVI.

ORDINATIONS SHALL BE MADE GRATUITOUSLY.

We do not permit a member of the clergy, no matter what his rank may be, to give anything to the prelate by whom he is ordained, or to anyone else; as We only desire him to pay to the officers of the ecclesiastic who ordains him the fees which they are accustomed to receive, and which cannot exceed their salaries for one year. He must discharge the duties of his ministry in the holy church to which he is appointed, and pay absolutely nothing to the clergy in consideration of his admission; nor shall he, on this account, be deprived of his own emoluments or other perquisites. The superintendent of a place of entertainment for strangers, of a hospital, of an asylum for the poor and infirm, or of any other religious establishment, or who has charge of any other ecclesiastical administration, shall not give anything for the place entrusted to him either to the person by whom he was appointed, or to anyone else whomsoever. Anyone who, in violation of what We have decreed, acts as donor, recipient, or intermediary in such a transaction, shall be dismissed from the priesthood, be deprived of membership in the clergy, as well as of the administration which has been entrusted to him, and whatever he accepted shall be claimed by the religious establishment of which the individual referred to received the direction, management, or supervision. When he who accepts a gift, or acts as an intermediary in a case of this kind is a layman, double the amount given him shall be demanded by, and delivered to the religious establishment whose direction, management, or supervision was conferred upon him. Where, however, a member of the clergy of any rank whatever, or the superintendent of a religious establishment, before or after he has been ordained, or any administration or charge has been entrusted to him, desires to offer some of his property to the church in which he is ordained, or to the establishment whose direction or management has been conferred upon him, We not only do not forbid him to do so, but We exhort him strongly to perform this act for the salvation of his soul; for while We prohibit donations from being made to certain private persons, this rule does not apply to churches or other religious establishments.

CHAPTER XVII.

IN WHAT WAY A SLAVE OR A SERF MAY BE ORDAINED A MEMBER OF THE CLERGY.

When a slave is ordained a member of the clergy, and his master is aware of the fact, and manifests no opposition, the slave will become free and freeborn by the mere fact of his ordination. Where, however, the ordination took place without the knowledge of his master, the latter will be granted a year in which to establish the condition of his slave, and recover him. Where a slave who (as We have just stated) has become free by the fact of his ordination, whether this was known or unknown to his master, abandons the ecclesiastical ministry, and adopts a secular life, he shall be restored to his master and to servitude. We, however, permit serfs attached to the glebe to become members of the clergy, even without the consent of their masters, provided that, after having become ecclesiastics, they continue to cultivate the soil as their duty requires.

CHAPTER XVIII.

CONCERNING THE FOUNDERS OF CHURCHES.

Where anyone has built an oratory, and reserved to himself and his heirs the privilege of appointing members of the clergy to conduct its service, and he provides means for paying the expenses of the said clergy, and those whom he appoints are worthy to discharge sacerdotal functions, they shall be ordained. When the sacred canons prohibit the persons nominated by the founder from being accepted because they are unworthy, the most holy bishop must ordain others whom he thinks to be better qualified. We order the most reverend members of the clergy to comply with the rules of their churches, and discharge, in every respect, the ecclesiastical duties required of them. The most holy bishop of each city will be careful to ascertain any violations of this law, and the heads of all ecclesiastical organizations will subject those who do not observe it to the prescribed penalty.

CHAPTER XIX.

ALL MEMBERS OF THE CLERGY SHALL HAVE CONTROL OF THEIR OWN PROPERTY.

We decree that priests, deacons, subdeacons, choristers, and readers, to whom We give the name of "clerks," can hold property, whose ownership comes to them from any source whatever; that they shall be permitted, even though under the control of their parents, to give said property away in accordance with law, just as is the case with peculium castrense, and to dispose of it by will; provided, however, that they leave to their children, or if there are none, to their parents, the lawful share to which they are entitled.

CHAPTER XX.

TO WHAT PENALTY ECCLESIASTICS ARE SUBJECTED WHO GIVE FALSE TESTIMONY.

Where most reverend priests or deacons are found to have given false testimony in pecuniary cases, it will be sufficient for them to be whipped, suspended from the discharge of their sacred duties for three years, and confined in monasteries. Where, however, they have given false testimony in criminal cases, We order that after having been expelled from the priesthood, they shall undergo the penalties prescribed by law. When clerks belonging to other ecclesiastical orders have been convicted of having given false testimony in any case whatever, either civil or criminaj, they shall not only be deprived of their ecclesiastical offices, but shall also be scourged.

CHAPTER XXI.

ECCLESIASTICS SHALL BE SUED BEFORE THEIR OWN BISHOPS.

When anyone has a right of action against a clerk, a monk, a deaconess, a nun, or a hermit, he must bring suit in the first place before the most holy bishop, to whose jurisdiction both parties are subject; the bishop will hear the case; and if both parties acquiesce in his decision, We order that it shall be executed by the magistrate of the district. Where, however, one of the litigants files an objection within ten days, then the judge of the district must examine the case, and if he finds the decision rendered by the bishop to be just, he shall ratify and execute it, and he who has been defeated a second time will not be permitted to appeal. But where the decision of the judge is opposed to that of the bishop, an appeal will be admissible, and it shall be taken and prosecuted as prescribed by law. If the bishop should decide a case between any persons whomsoever, by virtue of an Imperial command or a judicial order, the appeal shall be brought before the Imperial Council, or the magistrate who has been authorized by the latter to hear it.
(1) Where any one of the most reverend persons whom We have mentioned is accused of a crime before the bishop, and the latter ascertains that the accusation is true, he shall, in accordance with the ecclesiastical canons, deprive the guilty party of the honor and rank with which he is invested, a competent judge shall arrest him, and, after having examined the case in conformity with law, shall decide it. Where, however, the accuser first appears before a civil magistrate, and can prove the charge by a legal investigation, he must do so by means of public documents and evidence, before the bishop of the diocese ; and if the defendant should be found guilty of the crime of which he is accused, the bishop shall then, in accordance with the ecclesiastical canons, deprive him of the honors and rank with which he is invested, and the judge shall punish him as prescribed by law. But if the bishop should not think that the evidence is sufficient, he shall be permitted to postpone the deprivation of the accused of his honors and rank, the latter shall be kept in confinement, and the case shall be referred to Us, or to the appointing magistrate, in order that, after having examined it, such a disposition of it may be made as We deem proper.
(2) When anyone has a right of action in a pecuniary case against any of the persons previously mentioned, and the bishop postpones its examination, the plaintiff will have a right to apply to a civil magistrate, but the accused person shall, under no circumstances, be compelled to give a surety, and shall only furnish security by the hypothecation of his property, without being sworn. When a criminal charge is brought against any of the persons aforesaid, he who is accused must be placed under lawful restraint. Where, however, the suit relates to ecclesiastical matters, civil judges will have no jurisdiction whatever; but the most holy bishop shall hear and determine it in conformity with the sacred canons.

CHAPTER XXII.

BISHOPS SHALL BE SUED BEFORE THEIR OWN METROPOLITAN AND SHALL NOT BE REQUIRED TO FURNISH SECURITY WITH REFERENCE TO LITIGATION.

Where any most holy bishop has a controversy with another bishop of the same synod, whether with reference to an ecclesiastical right, or concerning other matters; the metropolitan, along with the other prelates of his synod, shall hear and determine the case; and if both parties do not acquiesce in the decision, then the Most Blessed Patriarch shall take cognizance of the case, and decide it in accordance with the ecclesiastical canons and the laws, without either party being allowed to call his decision in question. But where suit is brought by a clerk, or anyone else, against a bishop, with reference to any matter whatsoever, the case shall be decided by the Most Holy Metropolitan, in conformity with the sacred canons and Our own laws, and if any of the parties should question the decision, an appeal may be taken to the Most Blessed Archbishop of the diocese, and he shall dispose of it in conformity with the canons and the laws. Where, however, an action of this kind is brought against a metropolitan by a bishop, a clerk, or any other person whomsoever, the most blessed patriarch of the diocese shall hear and decide it in the same way. But in all other cases in which bishops are sued before their own metropolitan, patriarch, or any other magistrate whomsoever, no bond or security shall be required of them; provided, however, they take care to free themselves from responsibility in the actions brought against them.

CHAPTER XXIII.

STEWARDS AND OTHER ADMINISTRATORS SHALL BE SUED BEFORE THEIR OWN BISHOP.

We order that stewards, superintendents of places for the entertainment of strangers, of hospitals, of asylums for the poor and infirm, and of other ecclesiastical establishments, as well as all other clerks, shall, so far as the management of the affairs entrusted to them is concerned, be sued before the bishop to whose authority they are subject, to compel them to render an account of their administration, and to recover what they are ascertained to owe to the said ecclesiastical establishments. Where, however, any of these officials think that they have been injured, the metropolitan shall hear the case, after the amount to be collected for them has been determined; or the Most Blessed Patriarchs shall decide it, if the account was rendered before a metropolitan, or if he has ordered restitution to be made. For We do not allow the above-mentioned administrators, when their official conduct is in question, to leave the jurisdiction of their own bishops, and have recourse to other tribunals, before the examination has taken place, and the balance which they owe, has been paid. Where an ecclesiastic, or any official of this kind dies before having rendered his accounts, and turned over the remainder due, We order that his heirs shall be required to render them and make payment in the same way.

CHAPTER XXIV.

BISHOPS SHALL BE SUED IN THE PLACE WHERE THE CAUSE OF ACTION AROSE.

Where a bishop or clerk belonging to any province whatsoever is in Constantinople, and someone wishes to bring an action against him, this must be done where the transaction took place, and the case shall be heard there. But where proceedings have not yet been instituted, the defendant shall answer those who sue him, before the Most Glorious Praetorian Prefect of the East, or such judges as We may appoint.

CHAPTER XXV.

CONCERNING APOCRISARII.

The most reverend apocrisarii of every church, who either reside here, or, having been ordained by their bishops, are sent to the Most Blessed Patriarchs or Metropolitans of this city, shall accept no summons, and shall sue no one in the name of their bishops, in any matter in which the Church is interested, or for a public or private debt, unless they have obtained a mandate for this purpose from their bishops or stewards; for it is only under such circumstances that We permit those who are sued by apocrisarii to set up defences against their church or their bishop, when they have any to make. But when apocrisarii individually contract obligations having reference to certain cases or actions, they must answer in person when suit is brought against them.

CHAPTER XXVI.

BISHOPS SHALL NOT BE SUED DURING THE TIME THEY ARE ACTING AS DELEGATES.

When bishops or clerks come to this Royal City, or go elsewhere, in the capacity of delegates representing either their town or their church, or for the purpose of conducting the ordination of a bishop, We decree that they shall not be annoyed or molested by anyone whomsoever, and that those who allege that they are their creditors can only sue them after they have returned to their province; the said creditors, however, shall not, so far as any rights of action to which they think that they are entitled are concerned, be prejudiced by reason of temporary prescription during the time that they allowed to elapse under such circumstances.

CHAPTER XXVII.

MONKS SHALL DEFEND THEMSELVES BY AN ATTORNEY ;
AND CONCERNING THE AMOUNT OF FEES TO BE PAID.

Whenever a suit is brought, and a legal summons is served, or an execution is issued in any civil proceeding whatsoever, either public or private, against a clerk, a monk, a nun, or a monastery, and especially against a monastery of women, We order that notice of it shall be given without the commission of any injury, and with all due respect under the circumstances, and that the nun or the hermit who is sued shall not be taken from his or her monastery, but an attorney shall be appointed to answer in the case. Monks shall, either in their own proper persons, or by an attorney, be permitted to conduct cases in which the monastery is interested, and the judge or judicial officer who violates this law is hereby warned that he will be deprived of his place; that a fine of five pounds of gold will be imposed by the Most Magnificent Count of Private Affairs; and that the official who executed orders of the tribunal will, in addition to this, be scourged and sent into exile. The most holy bishops of the dioceses will see that these provisions are not violated in any respect, and that if they should be, that the punishment above mentioned is inflicted, and they must notify Us whenever it becomes necessary for the judge to impose a different penalty.

CHAPTER XXVIII.

CONCERNING THE AMOUNT OF COSTS TO BE PAID
WHERE MEMBERS OF THE CLERGY ARE CONCERNED.

We do not permit persons who discharge any ecclesiastical duties whatsoever (such for instance as deaconesses, nuns, and male and female ascetics), when they receive a legal notice in this Royal City, or in the provinces in which they reside, to pay more than four siliquae by way of fees, in any kind of a criminal or civil case, no matter what may be the value of the property involved. If a judicial officer sent by Our command to a magistrate, or a most blessed patriarch, serves a summons on any one of the persons above mentioned in another province, he will not be entitled to receive more than one siliqua. Where a large number of such persons are made defendants in one and the same case, We order that one of them shall pay the fees for all. A bishop shall not be subject to the payment of any fees on account of matters in which his church is interested; and if any are demanded under such circumstances, they must be paid by the stewards, whose duty it is to defend suits brought against the church, or by other persons who may be designated for this purpose. Anyone who presumes to collect fees in violation of the provisions above mentioned shall be compelled to pay to the person from whom he exacted them double as much as he received; if he is the incumbent of an office he shall be deprived of it, and if he is a clerk, he shall be expelled from the priesthood.

CHAPTER XXIX.

NEITHER CLERKS NOR BISHOPS SHALL HAVE SUPERINDUCED WOMEN IN THEIR HOUSES.

We forbid priests, deacons, subdeacons, and all members of the clergy who do not have wives in accordance with the sacred canons, to keep any superinduced woman in their houses, unless she is their mother, their sister, their daughter, or some other female who will not give rise to suspicion. If any clerk, in violation of this rule, should keep a woman in his house who can render him suspected, and, after having been notified once or twice by his bishop or his clergy to cease to live with her, is not willing to send her away, or an accuser appears who proves that he is living unchastely with a woman, the bishop shall expel him from the priesthood, in accordance with the ecclesiastical canons, and he shall be delivered up to the curia of the city of which he was a clerk. We also forbid prelates to keep women, or to live with them. If a bishop should be convicted of not having conformed to this rule, he shall be expelled from the episcopate, for he has shown himself to be unworthy of the priesthood.

CHAPTER XXX.

CONCERNING DEACONESSES.

We, by no means, permit a deaconess to live with a man where there may be good reason to suspect that she is leading an immoral life. If a deaconess should disregard this warning, the prelate to whose authority she is subject shall notify her to send the man away from her house, and if she manifests any hesitation in complying with this notice, she shall be deprived of the exercise of her ecclesiastical functions, and her own emoluments, and shall be placed in a monastery to remain there all her life. When she has any children, her property shall be divided among them per capita, in such a way that the monastery shall receive the share to which the woman herself is entitled, in order to provide for her nourishment and support. Where, however, she has no children, her entire estate shall be divided between the monastery to which she is sent, and the church to which she was originally attached.

CHAPTER XXXI.

CONCERNING THOSE WHO ARE GUILTY OF ABUSE OF A BISHOP
OR OTHER MEMBERS OF THE CLERGY IN A CHURCH.

When, during the celebration of the sacred rites in a church, anyone, having entered it reviles the bishop, clerks, or other ministers of the same, We order him to be scourged, and sent into exile. If, however, he should interrupt the service, or forbid it to be conducted, he shall be punished capitally. This rule shall also be observed with reference to the processions in which bishops or clerks take part, for where anyone is only guilty of abuse, he shall be exiled and scourged, but where he interferes with a procession, he shall be put to death. We order both civil and military magistrates to punish offences of this kind.

CHAPTER XXXII.

THE LAITY SHALL NOT TAKE PART IN RELIGIOUS PROCESSIONS
WITHOUT THE PRESENCE OF THE BISHOP, THE CLERGY, AND THE CROSSES.

We forbid all laymen to form religious processions without the presence of the holy bishops and reverend clerks to whose jurisdiction they are subject. For what kind of a religious procession is that in which ecclesiastics do not participate and offer up solemn prayers? We forbid the honored crosses (which priests carry at the head of processions) to be kept anywhere else than in religious houses; and it is only when processions are necessary that those who ordinarily carry the holy crosses receive them. Hence processions shall be composed of bishops and the clergy; and the most holy prelates of the different dioceses, together with the clerks, and the magistrates of the district will see that this rule is enforced. If any one of the persons mentioned in this Chapter should transgress this Our law, or fail to punish its violation, he will be liable to the aforesaid penalties at the hands of the most reverend monks and monasteries.

CHAPTER XXXIII.

It remains for us to establish regulations for the sacred monasteries and most reverend monks, therefore, first of all, We decree as follows : Here the entire first chapter of Novel V is translated into Greek.

CHAPTER XXXIV.

AN ABBOT SHALL BE CHOSEN NOT SO MUCH ON ACCOUNT OF HIS TERM
OF MONASTIC SERVICE AS BECAUSE OF HIS GOOD REPUTATION.

Hence We order that an abbot or an archimandrite, who is ordained in any monastery whatsoever, shall not be selected on account of his monastic rank, but that all the monks who enjoy the best reputation shall choose their head in the presence of the Holy Gospels, stating at the time that their choice is not influenced by friendship, or by any other motive, but that they make the appointment for the reason that they know that the candidate professes the true faith, that his life is chaste, that he is worthy of governing, and that he can maintain discipline among the monks, and observe all the rules of the monastery, and then the most holy bishop within whose jurisdiction the monastery is situated shall ordain as abbot the person who has been elected in this way. What We have stated with reference to the ordination of abbots shall also apply to monasteries of women, and to hermitages.

CHAPTER XXXV.

CONCERNING THE NOVITIATE OF MONKS.

When anyone wishes to enter the monastic life, and is known to be exempt from civil obligations, We authorize the abbot of the monastery to admit him, if he thinks it advisable. But where the candidate is not known, or is subject to certain civil disabilities, he shall not be admitted before the expiration of three years, in order that, during this time, the head of the monastery may ascertain his status. Where anyone appears within three years, and says that the novice is a slave, a tenant, or a serf, and that he entered the monastery to avoid cultivating the soil, or because he has committed a theft or some other offence, he shall be returned to his master, together with the articles which he is proved to have brought with him into the monastery, and the master shall, before taking him back, swear that he will not inflict any punishment upon him. But where no one of this kind appears within three years, and the novice is not molested, and no demand is made for him, the abbot of the monastery must admit him to the order after the lapse of the said term of three years, if he deems him worthy, and no one shall afterwards be permitted to annoy him with reference to his condition as long as he professes a monastic life. Nevertheless, any property which he is ascertained to have brought into the monastery shall be entirely returned to its owner. But where anyone, who has once assumed the monastic habit, afterwards leaves the monastery, adopts a secular life, and wanders about through towns and country, he shall be restored to his original status.

CHAPTER XXXVI.

MONKS SHALL OCCUPY THE SAME ROOM.

In all monasteries which are called caenobia We order that, in accordance with the monachal canons, all the inmates shall sleep separately in one room in order that they may be able to testify as to the chaste conduct of one another; unless, however, where some of them, on account of their monastic experience, or their old age and bodily infirmities, desire to live quietly in retired cells within the monastery, they can do so with the knowledge and consent of the abbot. This rule shall be applicable to nunneries, as well as hermitages, but We do not permit them to apply to any other monasteries of Our Empire. Where a monastery is inhabited by persons of both sexes, We order that the men shall be absolutely separated from the women, that the women shall continue to live in the monastery in which they are at the time, and that the men should build another. Where there are several monasteries, and it is not necessary to build new ones, the most holy bishop of the diocese shall place the monks with other monks, and the nuns with other nuns, being careful to establish them in different monasteries; and any property they hold in common shall be divided among them, in accordance with the rights of all. The women shall, themselves, select either a priest or a deacon to represent them, or to administer the holy communion to them, and the reverend bishop must appoint someone for this purpose whom he knows to profess the true faith, and to lead a blameless life. If, however, the person whom they select is neither a priest nor a deacon, and, notwithstanding this, the bishop thinks him worthy to have charge of the monastery (as has already been stated), he shall ordain him apocrisiarius, in accordance with the wishes of the nuns, but he will not be permitted to live in the monastery.

CHAPTER XXXVII.

WHERE ANYONE ENTERS A MONASTERY, THE FACT THAT HE IS MARRIED
AND HAS CHILDREN WILL MAKE NO DIFFERENCE.

Where anyone gives anything to his children or to a stranger as a dowry or an ante-nuptial donation, or where he bequeaths them an inheritance or a legacy under the condition that they marry, or where he leaves them an estate absolutely, or where he provides for restitution, and the conditions are not complied with, We order that these acts shall be invalid and considered as not having been performed, if those upon whom the said conditions were imposed enter monasteries, or become clerks, deaconesses, or hermits; but that the clerks and deaconesses of churches may, by way of consolation, if they remain until the end of their lives in their ecclesiastical status, employ the property given or left under such circumstances in pious works; for We desire that bequests left in this way to persons of both sexes who enter a monastery or a hermitage, and lead chaste lives, shall, as well as their other possessions, belong to the monastery or hermitage which they entered in the beginning. But when it is prescribed that if the aforesaid conditions should not be fulfilled, the substitution or restitution shall take place for the ransom of captives, or the support of the poor, We do not permit a provision of this kind to be disregarded.

CHAPTER XXXVIII.

PERSONS WHO ENTER A MONASTERY DEDICATE THEMSELVES
AND THEIR PROPERTY TO THE SAME.

Where either a woman or a man embraces the monastic life and enters a monastery, and they have no children, We order that the monastery shall be entitled to their estates. But if any such person should have children, and did not dispose of his property before entering the monastery, and should set apart their lawful share for his children, he shall be permitted, even after entering the monastery, to divide his estate among them; provided, however, he does not diminish the portion that anyone of them is entitled to, but what he does not give to his children shall belong to the monastery. Where, however, he wishes to divide his entire estate among his children, he must, by all means, in doing so, reserve one share for the monastery. But if he who resides in the monastery should die before having distributed his properly among his children, the latter will be entitled to their lawful share of the same, and the remainder will belong to the monastery.

CHAPTER XXXIX.

WHENEVER A BETROTHAL BECOMES OF NO EFFECT
ON ACCOUNT OF THE ENTRANCE OF ONE OF THE PARTIES INTO A MONASTERY,
THE BETROTHAL GIFT SHALL BE RETURNED.

Where a betrothal takes place between persons in accordance with law, and the man enters a monastery, he will be entitled to the gift which he made; just as where the woman embraces a monastic life she shall only be required to return the betrothal gift which she received, the penalty being remitted, so far as both parties are concerned.

CHAPTER XL.

WHENEVER A HUSBAND OR A WIFE ENTERS A MONASTERY.

But when, during the existence of the marriage, the man or the woman alone enters the monastery, the marriage shall be dissolved without repudiation, after the one who entered the monastery has assumed the monastic habit. If the man should embrace a monastic life he must restore the dowry to his wife, along with anything else that he may have received from her; and he must give her, in addition, the same share of the ante-nuptial donation to which she would have been entitled in case of his death, in accordance with the terms of the contract as set forth in the dotal instrument. Where the wife enters the monastery, the husband, on the other hand, can retain the ante-nuptial donation, and that part of the dowry stipulated in the case of the death of the woman; and We order that the remainder of the dowry, as well as any other property of the wife which is in the hands of the husband, shall be returned to her. Where both parties adopt a monastic life, We direct that any dotal agreements made by them shall be void; that the husband shall retain the ante-nuptial donation, and the wife recover her dowry, as well as anything else that is proved to have been given to the husband, in order that each of them may enjoy his or her property without sustaining any loss; unless the man did not wish to bestow anything on his betrothed, or the latter on the former, or the husband on his wife, or the wife on her husband, as otherwise We do not permit the husband or the wife to profit in any respect by the nuptial agreements.

CHAPTER XLI.

PARENTS SHALL NOT BE PERMITTED TO DISINHERIT THEIR CHILDREN
ON THE GROUND OF INGRATITUDE WHEN THE LATTER ENTER MONASTERIES.

We do not allow parents to disinherit their children, or children to disinherit their parents, and exclude them from their estates as being ungrateful, when either of them abandons a secular life for a monastic one. We also forbid parents to remove their children from the holy monasteries, when they have adopted a monastic life.

CHAPTER XLII.

CONCERNING A MONK WHO ABANDONS HIS MONASTERY.

If a monk should leave his monastery and enter another, We order that any property of which he was possessed at the time when he departed shall belong to the one of which he first became an inmate. We order the most holy bishops of the diocese to see that neither monks nor nuns wander about through the cities, and where they have any necessary answers to make in court, that they do so by means of their apocrisiarii, without leaving their monasteries. Where a monk who is invested with any dignity or office abandons his monastery to embrace a secular life, he shall first be deprived of his employment, and shall then be returned to the monastery, to which any property of which he is proved to have been possessed when he departed shall belong. If he should leave the monastery a second time, the judge of the province in which he is found shall retain him, and place him among the court officials subject to his authority.

CHAPTER XLIII.

CONCERNING THE RAVISHERS OF NUNS.

If anyone should ravish, seduce, or corrupt a nun, a deaconess, or any other holy woman wearing a religious habit, We order that his property shall be seized by the most holy bishop of the diocese, as well as by the Governor of any province whatsoever and their subordinates, for the benefit of the religious establishment to which the woman who permitted herself to be seduced was an inmate; that the ravisher, together with his accomplices in the crime, shall be capitally punished; and that the woman shall, with her property, be placed in a monastery where she can be securely guarded, and not have an opportunity to commit the same offence again. But where the deaconess above mentioned has any legitimate children, the share of her estate to which they are entitled shall be given to them. If, within a year after the time when a crime of this kind has become public, the property of those implicated should not be claimed for the benefit of religious establishments, We order the Count of Private Affairs to transfer it entirely to Our Treasury; and We decree that the judge of the district, who neglected to claim said property, shall be deprived of his office, and that the Count of Private Affairs shall collect from him a fine of five pounds of gold.

CHAPTER XLIV.

LAYMEN AND ACTORS SHALL NOT BE PERMITTED TO MAKE USE OF A MONASTIC HABIT.

Generally speaking, We forbid all members of the laity, and especially actors and actresses, as well as prostitutes, to make use of the habit of a monk, a nun, or an ascetic of either sex, or to imitate the costume of any such persons; for those who have the audacity either to wear such garments or imitate them or ridicule the practice of ecclesiastical discipline are warned that they will be liable to corporeal punishment, as well as to be sent into exile. Not only bishops of dioceses, and the clergy subject to their jurisdiction, but also civil and military magistrates and their subordinates, together with public defenders, will see that this rule is observed. We order that the penalties inserted in the present constitution, which also were prescribed by preceding laws, shall be fully applicable to, and be inflicted for future crimes, as well as for those which have already been perpetrated. But so far as the penalties exclusively prescribed by the present law are concerned, We direct that they shall solely be applicable to offences committed hereafter.

EPILOGUE.

Therefore Your Glory will take measures to see that what We have inserted in the present law is hereafter observed in every respect.

Given at Constantinople, on the Kalends of May, during the reign of the Emperor Justinian, and the Consulate of Basil, Addressed to Peter, Praetorian Prefect.