THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  LVIII  ~
SACRED MYSTERIES SHALL NOT BE CELEBRATED IN PRIVATE HOUSES.



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

 
The Emperor Justinian to Menna, Archbishop of the Royal City of Constantinople.
PREFACE.
  It has been provided by former laws that sacred mysteries shall, under no circumstances, be celebrated in private houses, but that the belief in and the worship of God shall be professed in public, in accordance with the custom which has been handed down to Us with regard to the observance of religious ceremonies; and We, by this present law, do provide that what We wish shall be strictly complied with. For We forbid the inhabitants of this great city, as well as all others in Our Empire, to have any kind of chapels in their houses, or to celebrate sacred mysteries there, and to do nothing which may be opposed to Catholic and Apostolic tradition. Where, however, any person desires to have an oratory in his residence without the celebration of the sacred mysteries, We hereby authorize him to do so. There is no objection to anyone having a private place for prayer, as in holy places, provided he abstains from doing anything else there. Where anyone wishes to invite members of the clergy to come for the purpose of conducting religious services, this can be done where they belong to the Most Holy Principal Church and the holy houses subject to its jurisdiction, if this is authorized and approved by the Most Holy Archbishop; and in the provinces any priests who are sent for this purpose must be approved by the bishop. No innovation is made by the present law with reference to any rights enjoyed by Your See, either here or in the provinces, so far as ordinations and government are concerned, and all its privileges shall be preserved now and for all time. We order Your Glory to cause the law which We have enacted to be obeyed, and to communicate the same to all Our subjects by special letters, in order that it may be effective in every respect. We give the same order to the Most Glorious Prefect of this Fortunate City, and to the Most Holy Archbishop and Universal Patriarch, in order that these provisions may be forever observed by both the civil and ecclesiastical authority. The owners of houses are hereby notified that if they do not obey these rules they will incur the anger of the Emperor, and that the buildings in which anything of this kind takes place will become public, and be confiscated to Our Imperial Treasury. Persons who have chapels in their houses are also notified that if, after the term of three months from the promulgation of this law has expired, they do not cease celebrating the sacred mysteries there, and comply with its provisions, they will be liable to the aforesaid penalty; but We wish them to act sincerely, and not with dissimulation, for We are greatly attached to the truth. We command Your Highness to see that this law is executed, and to permit nothing to be done in violation of its provisions; and you are hereby notified that if, after any breach of the said law has been communicated to you, you or your successors do not immediately take measures to suppress it, you will be liable to a fine of fifty pounds of gold, and your subordinates will incur the same penalty, because they permitted a matter to which We attach much importance, that is to say, the unity of the Most Holy Church, to be interfered with, and allowed what has been publicly prohibited by Us to be secretly done, and suffered Our authority to be despised; and they will also run the risk of losing their offices, and, in addition to this, the house in which anything of this kind takes place shall become public property, and be confiscated to the Imperial Treasury.
EPILOGUE.
  This law has been addressed by Us to the Most Holy Patriarch of this Fortunate City, in order that he may provide for its execution. We desire that it be rendered inviolate for all time, by both sacerdotal and judicial authority.
  Given at Constantinople, on the third of the Nones of November, during the eleventh year of the reign of Our Lord the Emperor Justinian, after the Consulate of Belisarius.