THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  IV  ~
NOT ONLY PRIESTS BELONGING TO THE CHURCH IN GENERAL BUT ALSO THOSE ATTACHED TO ANY PARTICULAR EDIFICE DEDICATED TO CHRISTIAN WORSHIP CAN LAWFULLY CELEBRATE THE SACRED MYSTERIES, AND PERFORM ALL THE RITES OF DIVINE SERVICE IN A PRIVATE CHAPEL WHEN THEY ARE SUMMONED FOR THAT PURPOSE.



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

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

  The ancients decided that the sacrifices and communion of the Church could be celebrated in private houses solely by priests who belonged to the general Church; but that those who were attached to any other churches, or who, in any respect, led a private life, could not discharge the duties of any ecclesiastical office, or perform any religious rite whatsoever. They established this rule for the purpose of preserving religion, as they wished (as may well be conjectured) to prevent those who, having been priests, had adjured their status, and concealing this guilty defection (with criminal intent), from insensibly corrupting the true believers who called them to their assistance. The object of this precaution seems to be extremely praiseworthy, as those who employed them were actuated by a desire for the welfare of the Church. It was not, however, perceived that it was as necessary to confirm it as was supposed; and, on the other hand, it is clear it weakened its firmest support by interfering with the exercise of divine worship. It is, in fact, not impossible for a priest whose depravity is not generally known to succeed in corrupting the persons who summon him to their houses; but this would very rarely happen, as there are few true believers so careless, or so frivolous, as to invite priests with whose morals and religious principles they are unacquainted, to come to their homes to conduct religious services. Moreover, an apostate priest who profanes the sacred rites of religion does not desire to associate with those who are horrified by impiety. Hence, the rule referred to does not accomplish what was expected. And then it has a tendency to deprive a large number of believers of the benefits of religion, for, as through Divine grace, not only almost all the wealthiest of Our subjects, but also even the poorest of them, have private chapels in their houses, and as the latter are not rich enough to furnish the sacred utensils and other articles necessary for priests, the result is that they cannot enjoy the benefits of private religious service, and that, at the same time, their chapels cannot be used for the purpose for which they were designed. Again, it is very probable that when the memory of deceased persons requires prayers to be immediately offered up, the day when it should be done is often allowed to pass without the performance of this duty, on account of the lack of priests; something which is fully as disadvantageous to the living as to the dead. Therefore We have decided that not only priests of the Church in general, but also those who are in the service of any of the Houses of God, can, when called upon by true believers, go for the purpose of celebrating the sacred mysteries, and perform all the religious rites in their private chapels.