THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXVII ~ |
NO
ONE SHALL BUILD HOUSES OF WORSHIP WITHOUT THE CONSENT OF THE BISHOP.
ANYONE WHO DOES SO MUST FIRST PROVIDE SUFFICIENT REVENUE FOR THE MAINTENANCE
AND REPAIR OF THE CHURCH WHICH HE BUILDS. BISHOPS SHALL NOT ABANDON
THEIR CHURCHES. CONCERNING THE ALIENATION OF IMMOVABLE ECCLESIASTICAL
PROPERTY. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Same Emperor Justinian to Menna, Most Holy and Blessed Archbishop of
Constantinople, and Patriarch of Its Entire Jurisdiction. |
PREFACE. |
Although We have
included matters having reference to the most holy churches in numerous
laws, We still have need of another to dispose of difficulties which
have arisen, and provide for emergencies. For many persons build churches
in order to perpetuate their names, and not with a view to utility,
and they do not take care to furnish sufficient means for their expenses,
their lights, and the maintenance of those charged with Divine service,
but after the churches are constructed they leave them to be either
destroyed, or entirely deprived of the ministrations of the clergy. |
CHAPTER I. |
Therefore We
order, before all things, that no one shall be allowed to build a monastery,
a church, or an oratory, before the bishop of the diocese has previously
offered prayer on the site, erected a cross, conducted a public procession,
and consecrated the ground with the knowledge of all persons. For there
are many individuals who, while pretending to build houses of worship,
contribute to the weakness of others, and become not the founders of
orthodox churches, but of dens for the practice of unlawful religious
rites. |
CHAPTER
II. PERSONS WHO BUILD CHURCHES MUST PREVIOUSLY PROVIDE THE REVENUES FOR THEIR MAINTENANCE, THEIR CONSECRATION, AND THEIR PRESERVATION. |
We decree that
no new church shall hereafter be constructed before having recourse
to the bishop, and determining the amount requisite for lighting, for
the holy service, and for keeping the building in good condition, as
well as for the maintenance of those who have charge of it; and if the
amount given appears to be sufficient, the preliminary donation shall
be made, and the church erected. Where, however, the person desiring
to do this does not offer sufficient funds for the purpose, and wishes
to be styled the founder of the church, and has the ambition to accomplish
something of this kind (for there are many churches in this Royal City
as well as in the provinces which, instead of being properly maintained,
run the risk of being ruined by age, or which are of very small dimensions,
and badly provided for owing to the negligence of the clergy assigned
to them), the proposed founder shall, with the consent of the bishop
and the orthodox clergy, be permitted to rebuild one of these churches,
which shall bear his name as the founder of a religious house; but nothing
shall be expended by him out of his own property by way of endowment,
as the revenues already set apart for this purpose shall continue to
be paid by those who previously furnished them. |
CHAPTER
III. CONCERNING THE BISHOPS WHO DO NOT RESIDE IN THEIR OWN CHURCHES. AFTER THE EPITOME OF JULIANUS. |
In
accordance with the law already enacted by Us, We decree that bishops
shall stay in their churches; shall not abandon them; shall not sojourn
for a long time in this city, and compel stewards to send them the money
for their expenses, and the Holy Church to furnish it; and this the
bishops themselves shall not tolerate. Hence We order that the law already
promulgated by Us shall continue to remain in full force. For if a bishop
should absent himself from his church for a longer period than that
which is prescribed, his expenses shall not be sent to him from the
provinces, but the money shall be used for pious purposes, and for the
benefit of the Most Holy Church. Thus a bishop who may come to this
city will not be supported by his church; and if he remains absent for
too long a time, what We have previously decreed with reference to this
matter shall be observed. |
CHAPTER
IV. CONCERNING THE ALIENATION OF IMMOVABLE ECCLESIASTICAL PROPERTY. |
As
We have already provided that if anyone should make an alienation of
immovable ecclesiastical property in the provinces, this must be done
after a decree has been issued, which should take place in the presence
of both the bishop of the city and the clergy of his diocese, as well
as in that of the metropolitan bishop; and, moreover, We direct that
if the Most Holy Metropolitan Bishop should sell any immovable ecclesiastical
property, even where the most holy stewards of his church consent to
the sale, two bishops selected by the metropolitan from the synod under
his jurisdiction shall be present at the time, and in addition to this,
all the formalities previously prescribed shall be strictly observed.
The metropolitan bishop
and his synod shall then be considered to have made the sale, and as
he, by his presence, confers sufficient power upon the prelate under
his jurisdiction, so the representation of the synod by the two bishops
aforesaid shall be held to have confirmed the sale made by the metropolitan,
which sale shall, in this way, be witnessed by the synod. |
EPILOGUE. |
Your
Holiness will, by means of suitable letters, cause this Our law to be
communicated to the other Most Holy Patriarchs and metropolitans under
Your jurisdiction, who must, in their turn, notify the bishops subject
to their authority, so that no one may be unaware of what has been decreed
by Us. |
Given
at Constantinople, on the Kalends of May, during the twelfth
year of Our Lord the Emperor Justinian, and the Consulate of John. |
|