THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LVII ~ |
THE
SALARIES OF ECCLESIASTICS WHO ABANDON THEIR CHARGES SHALL BE GIVEN TO
THOSE WHO ARE SUBROGATED TO THEM. THE FORMER SHALL NOT BE REINSTATED
EVEN IF THEY SO DESIRE, AND IF ANYONE WHO HAS BUILT A CHURCH, OR PAID
THE SALARIES OF ECCLESIASTICS IN THE SERVICE OF ONE SHOULD WISH TO APPOINT
OTHERS, HE CANNOT DO SO WITHOUT THE APPROVAL OF THE MOST HOLY PATRIARCH. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Emperor Justinian to Menna, Most Holy Archbishop of this Royal City,
and Universal Patriarch of Its Territory. |
PREFACE. |
Many members
of the clergy who have been in the service of religious houses, or have
been appointed by persons who have paid their salaries, frequently abandon
the establishments to which they are attached for reasons known to them
alone. |
CHAPTER
I. CONCERNING ECCLESIASTICS WHO SHOULD BE SUBROGATED TO MEMBERS OF THE CLERGY WHO HAVE ABANDONED THEIR CHURCHES. |
Hence, in order
that there may be no interruption to religious service, We decree that
other members of the clergy shall be subrogated by the bishops to those
who have deserted their charges, and shall be entitled to their salaries.
For We do not wish that the revenues paid to the most holy churches
by their founders for the maintenance of ecclesiastics, who have abandoned
them, should, under any pretext whatever, be a source of profit to certain
individuals; but the emoluments which were provided from the beginning
shall always be given, and the holy ministrations of the church shall
not be suspended on this account; nor shall the former incumbents be
reinstated and those who have been substituted for them be expelled,
after having been appointed by the Most Holy Patriarch or the provincial
bishops. Those who have incurred this expense shall not be required
to pay double, that is, pay the substitutes as well as those who desire
to be reinstated, and if the latter should return they shall not be
received. Their emoluments shall be given to those who have been appointed
after their departure, nor shall any ecclesiastics already in the service
of the church profit by their accession, and the salaries of the clerks
as well as the expenses of the church shall be entirely furnished by
the founders. The heirs and successors of the latter are hereby notified
that if, after the promulgation of this law, they should perpetrate
any fraud with reference to this matter, a certain portion of their
property will be assigned to Our Imperial domain, to provide for the
payment of the above-mentioned obligations. |
CHAPTER
II. FOUNDERS OF CHURCHES SHALL NOT BE PERMITTED TO ACTUALLY APPOINT ECCLESIASTICS FOR SAID CHURCHES, BUT MERELY TO PRESENT THEM FOR APPOINTMENT. |
We
decree what follows for the honor and advantage of Your See. When anyone
who has founded a church, or made provision for its expenses, desires
to appoint ecclesiastics, he will have no assurance that those whom
he, on his own authority, presents to Your Reverence for ordination,
will be admitted, but Your Holiness must examine them, and those who,
according to your opinion or that of him who occupies the Pontifical
See, appear competent and worthy of the service
of God, shall be ordained. In this way the holiness of God will not
be profaned (which is recommended by the Holy Scriptures), but will
remain intact, ineffable, and awe-inspiring, and everything relating
to it will be treated with reverence and in a way acceptable to God. |
EPILOGUE. |
We
order Your Holiness to cause what it has pleased Us to insert in this
Imperial law to be perpetually observed, you being well aware that We
are not less solicitous for the welfare of the holy churches than for
the salvation of your soul. |
Given
at Constantinople, on the Nones of November, during the eleventh
year of Our Lord the Emperor Justinian, and the third after the Consulate
of Belisarius. |
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