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