The Emperor Justinian Augustus to Epiphanius, archbishop of this royal city, and patriarch of its entire district. By a common and general law we have already long since prescribed, both for your Beatitude, O patriarch, and for the rest of the most holy patriarchs, concerning the ordination of the most holy bishops and most reverend clerics, and likewise of women, and of deacons, and lest the number of those ordained should exceed the ancient measure, having set down in writing whatsoever things seemed to us honourable and seemly and conformable to the sacred canons. But the present law we write specially to your Beatitude, arranging likewise in order those matters which pertain to the number of the most reverend clerics in this city.
And since scarcely any of those things which are honourable and beautiful is becoming if they exceed measure, it is not fitting that even the most reverend clerics or the most reverend deaconesses be ordained in such numbers that, in maintaining them, the holy great church should fall into the necessity of great debt and be brought little by little to extreme want. Inasmuch as we have ascertained that the most holy great church of this royal city, the mother of our empire, is on this account disquieted by so great a debt, that it cannot make its individual disbursements to the most reverend clerics otherwise than by first borrowing an immense quantity of gold, partly under the obligation of mortgages, partly by the giving of pledges upon its most excellent estates and suburban properties.
For this reason it seemed good to us to commit ourselves to the investigation of the matter, and to learn thoroughly how it had its beginning, and what the course of later times had introduced. Investigating these things therefore from every side, we discovered that those who built up any holy church in this fostering city took care not only of the building, but also that for the sacred edifices which they themselves had founded a sufficient maintenance should be supplied, and that they should define how many presbyters it was fitting to serve in each several church, how many deacons, whether male or female, how many subdeacons, and likewise cantors together with lectors and doorkeepers; that, beyond this, they determined the expense of the building, and moreover added special revenues which should suffice for this their foundation;
and that they added no multitude beyond what a fitting payment could be made for thereafter. And these things indeed remained in that observance for a long space of time, and as long as they remained, so long did the resources of the holy churches suffice both for them and for those assigned to them.
But as soon as the bishops, most loving of God, intent upon the assiduous entreaties of certain persons, were carried away to ordaining a greater number, the quantity of expenses indeed grew without measure, and on every side there were creditors and interest, and at last, because their credit was now shaken, there were no longer even creditors; but (a thing unworthy to be done, and not to be borne even in a private household however ordered) there arose alienations extorted by necessity and forbidden by the laws, so that out of an absurdity of this kind neither estates nor suburban properties sufficed for mortgages and pledges, and on this account there was no abundance of creditors, and it came at last to want itself, nor could it any longer furnish sustenance to its own ministers, nay rather it was sliding down into the most calamitous condition of all, namely that it should yield up all its goods to its creditors,—which thing we even dread to speak, and we make provision lest it come to pass hereafter.
For if no one easily bears with equanimity the man who spends beyond the measure of his substance, why shall we not also recall these matters to our own solicitude? Moreover, if it is not right to seek out possessions for expenses from every quarter (for that is next door to a certain insatiable avarice together with impiety), but rather to temper one's expense out of moderate means, for this reason we shall fittingly include by law also the things that concern this, and, applying a remedy, we shall manifestly cast out the boundlessness from that matter. We sanction therefore that the most reverend clerics, and the ministering women, and the doorkeepers, who up to this day exist in the same holy great church and in the other sacred edifices, shall remain in that form in which they now are.
For we do not diminish what now is, but rather embrace it by this law, that we may provide for the future. But in the time remaining no ordination at all shall take place, until the quantity of the most reverend clerics returns to the ancient number instituted by the very builders of the holy church. And indeed the measure of the most reverend clerics of the most holy great church of our royal city had been described within fixed limits, and contracted within very narrow bounds, at that time when there was as yet only the one holy great church.
But after the venerable holy house also of the glorious Virgin and Mother of God Mary, set in the neighbourhood of the holy great church, began to be built by Verina of pious memory; likewise the religious house of the holy martyr Theodore, consecrated by Sphoracius of glorious memory; and the venerable house of holy Irene was joined to the holy great church,—it is plainly impossible to reduce the number to the ancient form. For so few could not suffice for so many churches at once, seeing that none of these three edifices has its own clerics, but uses in common those who pertain to the holy great church, who all, going round them in order and as it were in turn,
perform the sacred offices in them; especially since a vast multitude has been brought from the conventicles of the heretics to the holy great church, partly by the grace of our most blessed God and Saviour Jesus Christ, partly by our labours and expulsions, so that twice as many ministers as at the beginning ought to be appointed for performing the office of Christian piety. Wherefore we sanction that at no time shall there exist in the holy great church more than sixty presbyters, a hundred male deacons, forty female ones, ninety subdeacons, lectors however beyond a hundred and ten, cantors beyond twenty-five, so that the whole greater number of the most reverend clerics shall consist of four hundred and twenty-five persons, and besides a hundred doorkeepers (as they are called).
In the most holy great church therefore of this our fostering city, together with the three sacred edifices united to it, let there be so great a multitude of clerics, none of those who now exist being cast out, even though a far greater number exist than has been defined by us; nor likewise henceforth any one being added through any order which exists at this time, until the measure settle within this number. With this also being added,
namely that what has hitherto been wont to be done unbecomingly should not henceforth be retained in use: that some of the most reverend clerics disdain to remain in the most holy churches in which, whether here or throughout the provinces, they were ordained, and through patronage make their way into the holy great church and its clergy,—which we forbid by all means to be done in future. For if in the sacred monasteries we forbid that any one pass from one to another, much less shall we permit this to the most reverend clerics, reckoning that a covetousness of this kind bears before it the appearance of gain and of trafficking. But if at any time even this kind of transfer shall be approved either by your Beatitude or for the time being by the imperial majesty:
let it not be done otherwise than that the matter itself be first reduced to the number which we have aforesaid, so that that transfer may be made into the place of one who is lacking, and that no supernumerary at all creep in; for by no contrivance and in no way do we permit this to be done. And these things indeed concerning the holy great church. But in all the other churches, to which the holy great church supplies the expenses, we sanction that those who exist at this time should likewise themselves remain under the same form; but in future let no one be ordained, before the number be reduced to that appointed for each church (as they call it), which was determined from the beginning by their builders, of presbyters together with deacons, both male and female, and of subdeacons,
and likewise of lectors, cantors, and doorkeepers,—before that number be reduced, let no one be added in the meantime. For we ourselves also will take precaution that we do nothing of the kind, nor send any to be ordained, neither shall any of our magistrates do any such thing, out of reverence for our law; and the most blessed archbishop and patriarch of this royal city shall have the power to gainsay the ordination, even though a command proceed from the palace. For both he who commands and he to whom the command is given, each shall be under ecclesiastical censure, if he carry out any such thing.
But neither in the other churches, which do not have their sustenance and expenses from the holy great church, is it fitting that a multitude of those to be ordained should be brought in, or that the measure established in them from the beginning should henceforth be transcended; lest at any time those who perform the sacred rites in them, having fallen into an immense multitude, and dividing among themselves the revenues sought from the contribution of pious men, and seeing that these do not thence suffice for their measure, should fall into great anguish of soul.
But if beyond the measure established in the holy great church or in the other churches the most holy archbishop, who presides over the holy great church, shall ordain, and the stewards of the same holy church, most loving of God, shall have expended the cost for these things out of the ecclesiastical revenues, both they themselves and also the most blessed patriarch, who permitted these things to be supplied to them, shall restore the expenses out of their own and their proper means.
For let them know that, if they have perpetrated any such thing, we grant the power not only to the most holy patriarchs who shall succeed those who commit such things, and to the stewards who shall follow, but also to all the other most reverend clerics, of carefully searching out such matters, and, when they are done, of forbidding them and of referring them to the imperial majesty; so that the more it, coming to know this, may demand that these things be preserved for the holy great church out of the substance of the stewards who shall have done this, or even of the archbishop who permits it, lest again confusion and disturbance of this kind befall in that matter. But truly, the business being brought back to its former measure, then it shall be free to ordain, yet only so far that they do not transcend the said measure or the number,
and that no evil deceit intervene in this regard. For in no way do we suffer to have place that which is on most people's lips, namely that there is indeed means for ordaining, but not for furnishing maintenance. If indeed this again belongs to those who breed confusion, or who through a supernumerary addition establish other colleges in the place of single ones, especially since this matter brings about many evasions, so that under the pretext of providing maintenance they may find for themselves other paths of a certain insatiable avarice.
This very thing therefore also we forbid, and we bring it under ecclesiastical censure (as they call it), judging that it will be of great use, if we behold the holy great church neither liable to creditors, nor afflicted by straitened circumstances, nor perpetually in want, but abounding in plenty of all things.
And just as we have described the expenses pertaining to it within a fixed limit, so it is fitting that the patriarch for the time being, most holy, and the most reverend clerics take care that the remaining expenses which are made out of the ecclesiastical revenues be not laid out otherwise than upon pious causes pleasing to God, and that they be conferred upon those who are truly in need and have not whence to live from elsewhere (for these things are wont to win the favour of the Lord God), and not, through patronage and the zeal of men, that they distribute upon the wealthy those things which are available for ecclesiastical expenses, so that thereby the needy be defrauded of the necessaries of life. For let the stewards, most loving of God, both those who are now and those who at any time hereafter shall be, know that if they offend in any of these things, they shall not only be liable to heavenly punishments, but shall also make good the indemnity to the holy church out of their own substance.
Sancimusigitur, utbeatitudotua, quaeinitioetatenerapropemodumaetateperomnessacerdotalesgradusetdignitatessacrosanctamexornavitEcclesiam, utpotequaeexsacerdotibusetiamgenusetoriginemducat, inperpetuumcustodiat, certoscientes, nonminusnobissacrosanctarumecclesiarumcommodacuraeesse, quamipsamvitam. Dat. XVIIKalend. April. d. n. Bilis. v. c. cons.
We sanction therefore that your Beatitude—who from the beginning and from almost a tender age, through all the priestly grades and dignities, has adorned the holy Church, inasmuch as you draw your lineage and origin even from priests—should guard these things in perpetuity, knowing for certain that the advantages of the holy churches are no less a care to us than life itself. Given on the seventeenth of the Kalends of April, in the consulship of our lord Belisarius, most distinguished man.