THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  III  ~
CONCERNING THE NUMBER OF ECCLESIASTICS ATTACHED TO THE PRINCIPAL CHURCH AND THE OTHER CHURCHES OF CONSTANTINOPLE.



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

 
  The Emperor Justinian to Epiphanius, Most Reverend and Blessed Archbishop of this Imperial City, and Universal Patriarch.
PREFACE.
  Some time ago We addressed to Your Reverence and the other Most Holy Patriarchs a general law with reference to the ordination of the venerable bishops and most reverend clergy, as well as deaconesses, by means of which We reduced the number of those formerly ordained, a step which seems to Us to be just and proper, and worthy of ecclesiastical discipline. We address the present law, which establishes the number of ecclesiastics in this city, to Your Holiness. For the reason that what is very large is rarely very good, it is proper that the ordinations of the reverend clergy and deaconesses should not be so numerous that the Church will be subjected to too much expense, and by degrees be reduced to poverty. We have ascertained that on this account the principal church of this Imperial City, the Mother of Our Empire, is oppressed with indebtedness, and cannot pay the clergy without borrowing large sums of money, to obtain which the best of its real property both in the country and in the suburbs must be hypothecated and pledged. We have taken measures to ascertain the cause of this condition of affairs, as well as the unfortunate results which its long duration have brought about. Therefore, having thoroughly investigated the matter, We have learned that persons who have founded churches in this Most Fortunate City have not only made provision for the construction of the buildings, but have also set apart sufficient sums to pay the expenses of a certain number of priests, deacons, deaconesses, sub-deacons, choristers, readers and porters to be attached to each church, and, in addition to this, have made arrangements for the expenses of the service; and finally, that they have provided sufficient income to meet the expenses of their foundation, and have directed that any subsequent increase in the number of ecclesiastics should by no means be considered valid. These regulations remained in force for a long time, and, while this was the case, sufficient provision remained for the support of the churches. But when the bishops, beloved of God, and always attentive to the requests of certain persons, increased the number of ordinations, the expenses likewise increased immensely, as well as the creditors and the interest; and recently no creditors are to be found on account of their lack of confidence, but alienations of property caused by necessity, contrary to law and for improper causes, as well as inconsistent with the dignity of the Church, have taken place; and the real property either in the country or the city, not being sufficient for hypothecation and pledge, for this reason creditors could not be found, and the said property became worthless and insufficient even to pay the salaries of the ministers, which was productive of such great misfortune that all the property had to be transferred to the creditors, which is a matter which We dislike to mention, and must provide means to correct; for where anyone cannot easily support a person who lives beyond his means, how can We fail to deliberate concerning this matter? It is not necessary to attempt to make further acquisitions with a view to defraying the expenses (as this would lead at once to both avarice and impiety), but the expenditures must be regulated in proportion to the revenues of the remaining property. Wherefore We must take measures to reduce the number of ecclesiastics, and thereby provide a remedy for the evil.
CHAPTER I.
     
THE NUMBER OF ECCLESIASTICS SHALL REMAIN AS IT IS AT PRESENT, AND THE NUMBER OF THE CLERGY ATTACHED TO THE PRINCIPAL CHURCH OF CONSTANTINOPLE SHALL BE DETERMINED FOR THE FUTURE.
  Therefore We order that the most reverend ecclesiastics who are now attached to the principal church, and all other religious houses, as well as the deaconesses and porters shall remain as they are at present (for We do not diminish the existing number, but order this by way of providing for the future), and We direct that hereafter no ordination shall be made until the number of reverend ecclesiastics shall be reduced to that established by those who founded the holy churches. And as the number of the most reverend clergy of the Principal Church of Our Imperial City was fixed, and at first was very small because there was only one holy church at the time, but afterwards that of the Holy and Glorious Virgin Mary, Mother of God, was founded, and erected adjacent to the Most Holy Principal Church by Verina of pious memory, and the Church of the Holy Martyr Theodore was dedicated to him by Speratus of glorious memory, and the Church of St: Helen was also joined to the Principal Church of the City, it would be for this reason impossible to limit the number of ecclesiastics to that originally established. For if there was not a sufficient number of them to conduct the service of so many houses of worship — for each of these three churches does not possess its own priest, but they are common to all — that is, not only to the Principal Church but to the others, and all of them going from one to another conduct the services of each in turn, and as a great number of persons, through the favor of God and Our Saviour Jesus Christ, have, by Our labors and exertions, been induced to abandon their ancient heresies, and been brought into the Most Holy Principal Church, it is necessary to set apart for the present service a greater number of ecclesiastics than was provided for in the first place.
  (1) Wherefore We order that not more than sixty priests, a hundred deacons, forty deaconesses, ninety sub-deacons, a hundred and ten readers, or twenty-five choristers, shall be attached to the Most Holy Principal Church, so that the entire number of most reverend ecclesiastics belonging thereto shall not exceed four hundred and twenty in all, without including the hundred other members of the clergy who are called porters. Although there is such a large number of ecclesiastics attached to the Most Holy Principal Church of this Most Fortunate City, and the three other churches united with the same, none of those who are now there shall be excluded, although their number is much greater than that which has been established by Us, but no others shall be added to any order of the priesthood whatsoever until the number has been reduced, in compliance with the present law.
CHAPTER II.
   
ECCLESIASTICS SHALL NOT BE PERMITTED TO PASS FROM
AN INFERIOR CHURCH TO THE PRINCIPAL ONE THROUGH PATRONAGE, AND CONCERNING THE INCREASE OF THE NUMBER OF ECCLESIASTICS OF INFERIOR CHURCHES.
  It should also be added that whatever has, up to this time, been improperly done, shall not in the future be repeated, that is to say, as many of the most reverend ecclesiastics, both here and in the provinces, have disdained to serve zealously the churches in which they were ordained, but have resorted to the Most Holy Principal Church, and have become attached thereto by means of patronage, We by all means forbid this to take place hereafter. For if, so far as monasteries are concerned, We forbid their inmates to go from one to another, We should be still more unwilling to permit the reverend ecclesiastics to do this, for We are of the opinion that this is attributable to the desire for gain, and that such persons are actuated by pecuniary and commercial motives. If, however, Your Holiness should hereafter think that such a transfer would be advantageous, it can take place; but not until the number of ecclesiastics has been reduced to that established by Us, so that the change may be made to fill a vacant position without exceeding the prescribed number. We permit this to be done without any intrigue, and for no other motive than that above mentioned. At present We are only concerned with the Most Holy Principal Church.
  (1) With reference to all the other churches whose expenses are paid by the Most Holy Principal Church, We order that the ecclesiastics shall remain as they are at present, and likewise that others shall not be ordained until their number corresponds with the one originally established by the founders of said churches. This applies to priests, deacons, deaconesses, sub-deacons, readers, choristers, and porters, nor shall the number of these in the meantime be increased. We shall take measures to see that this rule is enforced, and shall send priests for ordination, and none of Our judges who fear Our law shall do anything to violate it. The Most Blessed Archbishop and Patriarch of this Imperial City is hereby authorized to refuse ordination under such circumstances, even though the order may proceed from Our palace; for he who issues it and he who receives it shall both be liable to a fine under ecclesiastical law if it is executed. So far as other churches whose expenses are not borne by the principal church are concerned, care must be taken that the number of ordained ecclesiastics does not hereafter exceed that established in the first place; lest, where an immense number are created and divided, and the revenues provided by pious donors, these may not be sufficient for their support, and they may be reduced to the greatest penury. If, however, ordinations in excess of the prescribed number should be "made, either in the Most Holy Principal Church or in the other churches, the bishop in charge of the Most Holy Church and the venerable stewards of the same, who have paid out sums from the revenues, shall themselves, along with the Most Blessed Patriarch who allowed these expenditures to be made, be compelled to make them good out of their own property. For they are hereby notified that, when anyone acts in this manner, We give permission to the Most Holy Patriarch who may subsequently be in authority, as well as the stewards and other reverend ecclesiastics who may succeed, to make a thorough investigation of these matters, to prohibit them, and give information thereof to the government, so that the latter, being informed of the facts, may order the Holy Church to be reimbursed the sums permitted to be expended by the archbishop, out of the property of the latter and that of the stewards. In order that no confusion may afterwards result on account of the reduction of the number of ecclesiastics to the figure originally established, as soon as this reduction has taken place, it shall not be lawful to exceed that number, or for any deception to be practiced with reference to this matter. For We by no means permit anything to take place by means of which someone may have the right to confer ordinations without providing funds for the support of the incumbents. For this will again be productive of confusion, as a great increase of ecclesiastics and the foundation of new associations will result, and numerous fraudulent schemes will open other ways for the indulgence of avarice, in order to provide for the expenses of maintenance. We also, under ecclesiastical penalties, forbid ordinations to be made beyond the prescribed number, being of the opinion that it is highly desirable that the Most Holy Principal Church should neither be involved in debt, reduced to poverty, nor remain constantly without resources, but should always enjoy abundance.
CHAPTER III.
   
OTHER ECCLESIASTICAL REVENUES SHOULD BE EXPENDED BY THE PATRIARCHS AND STEWARDS FOR PIOUS USES AND FOR THE RELIEF OF PERSONS IN WANT.
  Having in this manner provided for the expenses of churches, it is now proper to direct that the Most Holy Patriarch and reverend stewards shall see that other expenses for pious uses, agreeable to God, are paid out of the ecclesiastical revenues, and bestowed upon persons who are really in need, and have no other means of subsistence. For it is pleasing to Our Lord God that the expenditures of the Church should not be made for the protection of, and in accordance with the desires of men, and lavished upon the rich to the exclusion of the poor who are suffering for the necessaries of life. Stewards, beloved by God, are notified, both now and for the future, that if they do not comply with what We have ordered, they will be subjected to Divine punishment, as well as be compelled to indemnify the Holy Church out of their own property.
EPILOGUE.
  We direct Your Holiness who, in the beginning and at a very early age, has been admitted to all the clerical orders, who is in charge of the Most Holy Church, and who is descended from a pious race, to continue to observe this law, as you are aware that Our solicitude is not less concerned with those things which are profitable to the most holy churches than for the welfare of Our own soul.
Given on the seventeenth of the Kalends of April, during the Consulate of Belisarius.