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.