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.



 
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.