THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  XVI  ~
CONCERNING THE NUMBER OF CLERKS WHO SHOULD BE ORDAINED.



 
S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).
 

 
     The Emperor Justinian to Anthemius, Most Holy and Sacred Archbishop of Constantinople, and Universal Patriarch.
PREFACE.
  We have recently published a law having reference to ordinations, prescribing that their number shall not be excessive, either in the Most Holy Principal Church of this Most Fortunate City, or elsewhere, and We now desire to confirm this law, and decree that it shall remain in full force. For as Our intention is to diminish the number of ordinations and reduce the expenses of the principal church of this city within reasonable bounds, We do not neglect anything to accomplish this, and therefore We promulgate the present law, which in no respect changes the former one, but is rather a continuation of the same, by means of which the Most Holy Principal Church shall enjoy still greater advantages.
CHAPTER I.
  We decree that if a priest, deacon, reader, or chorister should happen to die in any one of the holy churches dependent upon the principal church, and whose expenses are paid by the latter, a stranger shall not be ordained in his stead, before having previously inquired into the number of the clergy attached to the said church, for the reason that if it should exceed the established number, no ordination shall take place until the number has been reduced to the prescribed limit. Where, however, the number of the clergy, being so small as to cause apprehension that the ranks will not be full, and it becomes necessary to appoint an ecclesiastic to take the place of the one who is dead, Your Holiness will inquire whether in any other churches than the principal one there is an ecclesiastic of the same order, who is in excess of the established number, and if any should be found, he shall be transferred to the church which has need of him, and there will be no necessity to make a new ordination. For in this way any ecclesiastics who are lacking in a church will be replaced by those who are in excess in another, their number will be reduced to the prescribed limit, and, by degrees, the Holy Mother Church will be released from its indebtedness. Otherwise, if We did not adopt this plan, and ecclesiastics should be ordained the moment that anyone died in the church, the consequence would be that the same number would always exist, and that an indefinite time would elapse before the surplus could be disposed of.
EPILOGUE.
  Your Holiness will hasten to carry into effect these regulations which We have prescribed for the welfare of the churches. If this law should not be obeyed, and anyone should violate its provisions, he who has presumed to dispute Our authority is hereby notified that the ordination will be void, and the reverend stewards cannot claim any expenses from the principal church; so that in this way they may become aware of the penalty for their negligence.
Given at Constantinople, on the Ides of August, after the Consulate of Belisarius.