THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  II  ~
HE WHO IN OTHER RESPECTS IS PROVED TO BE WORTHY OF THE EPISCOPAL DIGNITY IN ACCORDANCE WITH THE SACRED AND DIVINE CANONS OF THE CHURCH, EVEN THOUGH HE MAY HAVE CHILDREN BORN IN LAWFUL MARRIAGE, SHALL NOT, FOR THIS REASON, BE PREVENTED FROM OBTAINING THE OFFICE, OR WHERE ANYONE IS WORTHY OF A HIGH SACERDOTAL DIGNITY, HE SHALL NOT BE EXCLUDED FROM IT, MERELY BECAUSE HE HAS LEGITIMATE CHILDREN.



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

The Same Emperor to Stephen, Most Holy Archbishop of Constantinople, and Universal Patriarch.

  As the divine canons and the other rules, having reference to the priesthood and the creation of bishops, were drawn up in the best manner possible (and, indeed, why should they not have been perfect, as their authors were influenced by Divine inspiration?), it may well be a cause for astonishment that anyone has ventured to consider them as being imperfect, and having been abolished, others have been promulgated in their stead. For although the sacred canons, in describing the creation of bishops, state that he who has children born in lawful wedlock is eligible to the first rank of the priesthood, provided his life offers no other obstacle to his promotion, legislators, having adopted the contrary opinion, hold that those who have children, even though they are the issue of legitimate marriages, are not eligible to the episcopal dignity on account of this impediment, on the ground that perhaps the affection of the candidate towards his children might be so great that he would be induced to use the property of the Church for their benefit, for what else could anyone say? This, however, does not seem to be a good reason. For the consequence would be that no one could be created a bishop, if he had any brothers or other relatives living, as the affection which he might entertain for those who are so nearly related to him by blood might cause the same apprehensions to arise." Moreover, the divine canons provided for this, and conferred upon bishops the authority to relieve the necessities of their indigent relatives by employing the property of the Church for that purpose. Therefore We, obedient to the Majesty of God from whom Our power is derived, and thinking that the provisions of the ancient canons are perfectly proper, do, in accordance with them, hereby decree — at the same time repealing all laws in opposition to the same — that any person, who is in other respects worthy of the first dignity of the Church, shall not be excluded therefrom for the reason that he has legitimate offspring, and that whoever may hereafter dare to violate this law shall be condemned to everlasting silence.