The Emperor Justinian Augustus to Epiphanius, archbishop and patriarch of Constantinople. The greatest gifts of God among men, conferred by the supernal clemency, are the priesthood and the empire. Of these the one, ministering to things divine, the other, presiding over and exercising diligence concerning human affairs, both proceeding from one and the same beginning, adorn human life. Therefore nothing will be so earnestly sought by emperors as the integrity of priests, since indeed they also ever supplicate God on the emperors' behalf.
For if the one be blameless and on every side full of confidence toward God, while the empire rightly and fittingly adorns the commonwealth entrusted to it, there will be a certain good harmony, conferring upon the human race whatever is profitable. Hence we have the greatest solicitude concerning the true doctrines of God and concerning the integrity of priests, which, when they possess it, we believe that through it the greatest gifts will be given us by God, and that we shall hold firmly the things that are, and shall acquire those that have not yet hitherto come. But all things are well and fittingly governed, if the beginning of the matter be seemly and beloved of God.
And we believe that this will come to pass, if the observance of the sacred canons be kept, which the just, praiseworthy, and adorable overseers and ministers of God handed down, which the apostles and the holy Fathers kept and expounded. We decree therefore, following in all things the sacred canons, that when anyone in all time to come is brought to ordination to the episcopate, his life ought first to be examined according to the holy Apostle: whether it be honourable, and blameless, and on every side irreproachable, and whether he has from good men a testimony befitting a priest.
And let him come neither from the lot of an official nor of a curial, unless perchance from his youth (according to what has already been ordained) he was established in a monastery and so freed from that lot, having nevertheless first paid a fourth part of his substance to the curia. Nor again, being from the common sort and those who are called laymen, and thus straightway ascending to the episcopate, let him receive as it were an imaginary ordination, so that he who is just now a layman, presently a clergyman, and then, after a very short time has passed, appears a bishop.
And let him not be joined to a second wife, but either living in virginity from the beginning, or having a wife who came to him from virginity, and not a widow, nor one separated from her husband, nor a concubine; nor having children or grandchildren known to the law, nor odious to it. Otherwise, he who does anything contrary to this shall himself fall from the priesthood, and he who ordains him shall be put out of the episcopate, as one offending against this law. But neither do we permit him to buy the priesthood with any money. We will only that he look to the worship of the Lord God, and not be distracted by many human thoughts.
But neither let one untaught in the sacred doctrines approach the episcopate, unless he have first either professed the monastic life, or been established in the clergy for not less than six months, being nevertheless not joined to a wife, nor having children or grandchildren. For this we require in every way in bishops beloved of God, as also was previously decreed in two of our sacred constitutions, through which we do not scrutinize those long since joined to wives, leaving aside everything past, but henceforth permitting no such ordination to be imposed, contrary to the provision of the law, on one having a wife. Which law we now also renew, lest perchance, if anything be done contrary to this, both he himself fall from the priesthood, and procure that the ordainer likewise be excluded.
Therefore let the bishop to be ordained be either from the monks or from the clergy, of good testimony even in such a life, good in his life, and honourable, and enjoying a good reputation, and laying this as the foundation of the pontificate for his own soul. But even so, when he is thus established and prepared for the episcopate, it is fitting that he read, before ordination, the venerable and on every side approved canons, which our right and inviolate faith has received, and which the catholic and apostolic Church of God has ordained and handed down.
And when he who is brought to ordination has gone through them by frequent reading, then let him who is about to impose ordination ask him whether he is able to keep and to do what the sacred canons have decreed; and if indeed that man should declare and say that he is not able to observe the precepts of the sacred canons, let ordination by no means be imposed upon him.
But if he should accept and say that, as far as is possible for a man, he will fulfil those things which are contained in them, then let him be admonished and told that, unless he observe these things, he will both be estranged from God, and will fall from the honour already given, and that the civil laws too will not leave the offence with much impunity, because by the emperors who preceded us, and by ourselves, it has been rightly declared that the sacred canons ought to have the force of laws. And if even so he persists, embracing the cause, then upon these professions let each one receive the sacred ordination of the episcopate. And let him not redeem this with money, nor receive it through the giving of other things, but receive it pure, and without price, as given by God.
For even though he have all the other useful things which were before mentioned by us, yet if he should be seen to have bought the episcopate with money or with goods, let him know that he will both fall from the episcopate itself, and will repay this gift to the ordainer, so that the latter too may lose the episcopate and fall from the clergy, and that each party may furnish such a recompense for the matter, that this one indeed does not attain what he hoped for, while the other loses even what he had. Nonetheless also, when money and goods are given on occasion of ordination, they are to be assigned to the most holy church, whether it be a bishop who receives, and on that account falls from the priesthood, or whether it be any other of those established in the clergy; for to him too —
on him we impose an equal penalty: that he fall from the order which he held among the priests, and restore the gold, or the things that were given on occasion of the ordination, to the church which (so far as he was concerned) suffered the injury. But if anyone be of outsiders, and not established in the clergy, who has received gold or some thing for the sake of patronage with regard to the ordination, and especially if he administer some office, he will himself have not only a penalty from God, and chastisements from heaven shall overtake him, but also that which was given shall be taken from him and restored in double in all ways to the most holy church. Moreover, if he holds any administration, let him fall from it, and be condemned to perpetual exile.
This too let him know openly, who has bought the presidency with money or other goods: that if he was previously a deacon or presbyter, and then by suffrage comes to the priesthood, he shall not only fall from the episcopate, but neither shall the former order of presbytery perhaps, or of diaconate, be left to him. For he shall lose even that, and be excluded from every priestly order, as one unworthily coveting things befitting. And it behoves that at the very time of ordination, he who imposes it foretell all these things there before all the faithful people of the most holy church, so that, recognizing that the man has all the things before spoken of by us, he may lead him to the sacred ordination, and that the other too, hearing these things before all, may not only have the fear of God,
but also be ashamed before all at the announcement and profession. But if anyone be thought to be such, and pass over to ordination to the episcopate, but someone should contradict, and say that he is privy to something which the man has unlawfully committed, let him not first obtain ordination to the episcopate until an examination of the complaints take place, and he appear on every side innocent. But if even after such a contradiction, he who performs the ordination, not suffering a lawful examination of the cause to be imposed, hurries on to the ordination — let him know that what is done by him is of no effect.
But also he who acts contrary to the law shall fall from the priesthood; and he who imposes ordination without examination, he too likewise shall fall from the priestly seat, and shall be guilty before God, who above all things seeks the purity of his priests. If however he who contradicts the ordination should, either after an examination is made be proved a calumniator, or at the very outset not have confidence to persist in the examination, let him who wishes to perform the ordination segregate that man in perpetuity from sacred communion, that the very falsehood may not be unpunished. For just as we seek good repute in him who is to be ordained, so also we punish calumny in him who has falsely accused.
But if no one accuses at all, or wholly fails to make an examination after denouncing, or, the examination having been made, is unable (as we said before) to demonstrate a true accusation, then it behoves him who has appeared blameless through so many ways to proceed to the future ordination. For he who is thus ordained learns from this many and better precepts, nor will one who has been so instructed in mind, in words, in bodily exercise, and in wisdom, fall into a life worthy of censure. And this too we define: that none of the bishops beloved of God dare to be absent from his own church for more than a whole year, unless this be done by imperial command; for then alone will it be blameless.
And let the most sacred patriarchs of each diocese compel the bishops beloved of God to cleave to their most holy churches, and not to be separated by a long journey, nor to wish to tarry in foreign parts, nor to neglect the most holy churches, nor to exceed the year which we have appointed precisely out of mercy. But if he should stray beyond the year, and forsake his church, and neither return to his proper episcopate, nor be detained by any imperial command (as we said before), then if indeed he be a metropolitan absent contrary to ecclesiastical disposition, let the patriarch of that region recall him by lawful proclamations, preserving everywhere the observance of the sacred canons.
But if he remain in all things disobedient, let him be expelled from the sacred choir of bishops, and let the patriarch bring in another of this kind, worthy of reverence and modesty and integrity. But if he be not a metropolitan, but some one of the other bishops who has strayed, let all these things be done by the metropolitan. For let none of them take up such a pretext, if they should say that they forsake their own churches on this account: that they go about concerning causes of lawsuits, or of other matters of their own, or matters touching the sacred churches, and being established here cleave to them, or wander in other places.
For this has no holding reason: that they should set out with the multitude of retinue which a bishop must of necessity have, and make expenses abroad, when no gain or help thereby accrues to the most holy churches, nor (as befits a priest) can they keep their proper habit; and even if perchance there be certain very great lawsuits affecting the most holy churches, on account of which they bring forward such pretexts, it is more proper that these be moved through those who are under them — religious clergy, or apocrisiaries, or stewards — and that, by petitions directed to the empire, they obtain what is desired. Therefore we decree that, if at any time, on account of an ecclesiastical occa-
-sion a necessity arise, that this be made known to the empire either through those who manage the affairs of the sacred churches, whom they call apocrisiaries, or through certain clergy sent hither, or through their stewards, or to our administrators, that they may obtain what is fitting; and that this be not made for the bishops beloved of God an occasion of straying and absence, nor for the most holy churches an occasion of injury — both by the ecclesiastical affairs in the province being neglected through their absence, and by great expenses being made by them here, and moreover by a dwelling abroad being established that is unfitting, and on every side the cause bringing no help, but rather injury, to the most holy churches.
But let none of the bishops beloved of God otherwise presume to direct himself to this most fortunate city, before — if indeed he be a bishop — he has received letters of his own metropolitan to the empire, which according to the divine canons are called commendatory, bearing testimony to the necessity of his presence. But if it be a metropolitan who wishes to set out, let him take letters of the patriarch of the same diocese, saying that his presence is necessary, and that the emperor ought thus to command this man to be presented; and let them not set out rashly and without the knowledge of the metropolitans or patriarchs, because this is forbidden by the divine canons.
Wherefore, on coming hither, let them not presume by themselves first to announce themselves to the empire, but let them first go either to the patriarch beloved of God, or to the apocrisiaries of each diocese, those who belong to it, and let them confer with these the causes on account of which they came, and let them enter with them to the empire, and thereafter enjoy the imperial audience.
As soon as they have presented themselves to the emperor, it shall indeed be lawful for petitioning bishops, either through those who are called referendaries of the most holy great church, or through the religious apocrisiaries of each diocese of the most holy patriarchs, to make their request known to the imperial power and to obtain a swift reply; so that, if they have sought just things from the imperial authority, they may receive them, or, if they seek things that are not just, they may speedily return to the place from which they set out.
Concerning these matters, in regard to the bishops beloved of God, we ordain according to the divine canons; and we decree that religious clerics be ordained only after much inquiry according to the divine rules, men of good testimony, fully learned in letters and well instructed (for we by no means wish those wholly ignorant of letters to receive even a single order of clergy, namely that of presbyters and deacons, who both recite the sacred prayers and read the books of the churches and of the canons); and that their ordination be without complaint, blameless, without any contradiction, and received without the giving of money or goods.
Nor do we at all wish those who have been appointed as officials or curiales to receive ordination, except according to the laws which we have formerly laid down above concerning them, and which we here now confirm. And we ordain that those ordained by the bishop's authority receive the sacred precepts in the sight of all the people, for the same reasons for which we have decreed this same thing also above concerning the bishops beloved of God. But neither shall he who has a second marriage, or has had one, be ordained deacon or presbyter; nor if he be joined to a woman separated from her own husband and forsaking him; nor if he keep a concubine; but rather let his wife be one who lives in chastity and is of virgin estate.
For there is nothing we so value in sacred ordinations as those who live in chastity, or who do not cohabit with wives, or the husband of one wife, who—whether he has been or still is such—himself also chooses chastity, established according to the divine rules as the first principle and manifest foundation of the rest of virtue. But if any presbyter, or deacon, or subdeacon afterward take a wife or a concubine, whether openly or secretly, let him at once fall from the sacred order, and thereafter be a layman. And if even a lector take a second wife for certain reasons and out of some unavoidable necessity, let him by no means ascend to a higher grade, nor enjoy a greater rank in the priesthood, but let him remain forever in the same grade.
But let him not even come to a third marriage; for it is enough if he come to one marriage. But if he should do any such thing, and, having come to a second marriage, hasten to advance to a higher grade, he shall thenceforth be a layman, and an ordinary man, falling entirely from sacred ministry. For it behooves us to live chastely in all things. For if those brought into the clergy be appointed of such character, their ascent to the episcopate will be easy, and out of many good men there will more readily be found those who are worthily brought to the first grade of priesthood. Therefore, whatsoever things have been said by us concerning the venerable clerics, these we wish to be understood also concerning the deaconesses beloved of God, that they too may not be made without due observance.
But first, that their age be neither youthful nor still growing, lest by this occasion they should leap into transgression, but rather that they be set past middle age, conducting themselves at about fifty years according to the divine rules. And thus let them merit sacred ordination, being either virgins, or those who have been the wives of one husband. For we do not permit either those who contract a second marriage, or those who do not have (as we have said) an irreproachable life, free from all suspicion, to come to the sacred mystery, and to minister at the baptisms to be adored, and to be present at the other rites which are performed by them in the venerable ministries.
But if any necessity should arise, and it happen that a deaconess be ordained younger than the age we have stated, let it be lawful for her to be assigned to some one of the venerable ascetic houses, in which she may dwell in no way mingled with men, nor living by her own will, but keeping to a separated and modest manner of life, having good testimony from a fitting community.
We will also that the deaconesses themselves who are brought to ordination, whether from widowhood or from virginity, do not cling to anyone—neither to kinsmen, nor to those whom they call 'beloved' (for those who use such names fill their life with malicious suspicion)—but rather that they dwell either alone, or with their parents only, and with their children, or with true brothers, or with those concerning whom anyone who should presume to suspect any evil would himself perhaps be deemed foolish and impious. And if any such thing be said concerning one of those women who wishes to enter into the ordination of deaconesses, that she...
...has clung to someone under the appearance indeed of a good designation, but with malicious suspicion, such a woman ought by no means to be brought at all to the ordination of the diaconate. For even if she be ordained, and do any such thing, and cling to someone under the aforesaid name or guise, let her indeed fall from the diaconate, and let both she herself and that man be subject to this law and to the rest of the penalties that punish corrupters. For it behooves all the venerable deaconesses who are ordained, at the time of ordination, to be admonished, and in the presence of the rest who have long been venerable deaconesses to hear the precepts of the sacred commandments, so that they too may have the fear of God and a confidence cleaving to the sacred commandments, and may fear both to be put to confusion and to fall from the sacred order:
knowing that if they should presume—either being ashamed of their ordination, or forsaking the sacred ministry—to come to marriage, or should choose any other manner of life whatsoever, they themselves indeed are rendered liable to death, and their substance shall be assigned to the most holy churches or monasteries in which they are. But those who shall presume either to take them as wives, or to corrupt them, shall themselves also be liable to the sword, and their substance shall be assigned to the public treasury.
For if in the ancient laws the danger of death loomed over those virgins who were called into their error, when corrupted, how shall we not all the more decree the same in the case of these women who are glorified by God, willing that chastity—which most of all adorns women—be preserved? Since it befits the venerable deaconesses both to guard what becomes nature, and to preserve what is owed to the priesthood. And in accordance with this, those once made deacons or presbyters are in no way to forsake the priesthood. Which we ordain not only in the case of a presbyter and a deacon, but even if someone become a subdeacon, or perhaps a lector, that he too should not leave his former state and migrate to another manner of life:
because if he do any such thing, according to what has already been ordained by us, he shall be remanded either to the curia with his substance, or, living in poverty, to the lot of an official. But neither is it fitting that lavish ordinations of the most reverend clerics be made henceforth. For what has been done up to now, although it ought to be corrected, we nevertheless permit on account of the times. But henceforth we ordain that it not be done for this reason, nor come to the detriment of the most holy churches. Whatsoever therefore ought to be done in such manner in the most holy great church of this our royal city, and in the most holy churches set under it, and the others that are here, these we have embraced by a special law.
But in all places that are outside, we ordain that, if anyone, when he established from the beginning the building of a church, defined the number of those to be ordained—as one setting the expenses according to it—no one is to be ordained in that same church before its number be reduced to the number defined at the beginning. But if he did not do this, and the church of the city itself supplies the emoluments both for itself and for other churches, then let it not be ready to increase its clergy for it, nor on account of perhaps some compassions or favors to burden it with expenses from this.
For these things are not pious, nor worthy of priests; but rather, out of those things which the Lord God shall have given, what is possible should be administered, or the ancient custom preserved, innovating nothing whatsoever. Whence it befits the patriarchs and metropolitans beloved of God to have this providence, and indeed to allow those clerics who exist up to now to remain in the state in which they are. But let them measure the resources of each church, and let the most holy patriarchs themselves likewise so order the churches established under them, and let the metropolitans, being admonished of this same thing by the most holy patriarchs, do it, and let those bishops set under them—all the others—reduce themselves to this measure, and take care not to make ordinations of clerics beyond the expenses.
For we know how many most holy churches have been made destitute on account of this ordination and other outpourings of expenses. And because we have, though scarcely, set free some of them, while certain ones still lie burdened, unable to be raised from such straits, therefore let the most holy patriarchs, and the metropolitans, and the rest of the bishops beloved of God provide for this; so that we too, learning the things done by them, may approve those who have shown by works that our law, set down in writing, is fulfilled among themselves.
The things therefore that have been ordained by us, and that safeguard the sacred order and estate according to the observance and tenor of the sacred rules, let the most holy patriarchs of each diocese henceforth preserve forever whole and inviolate, and the metropolitans beloved of God, and the rest of the most reverend bishops, and the clerics, everywhere guarding the worship of God and sacred discipline unviolated, with that penalty imminent upon the transgressor, whereby he is utterly estranged from God and from the order of priesthood imposed upon him. For as one unworthy he is excluded from this.
But we grant license to all, of whatsoever office or manner of life, who observe any of these things being transgressed, to report it to us and to the imperial power, which always exists, so that we, who have established this according to the explanation of the sacred rules and the apostolic tradition, may also bring fitting indignation upon the transgressors—namely, also upon those things which have been ordained by us concerning the safeguarding of the inheritances of the bishops beloved of God. Let the most holy patriarchs of each diocese indeed set these things forth in the churches established under them, and make manifest to the metropolitans beloved of God the things that have been established by us.
And let them in turn likewise set these things forth in the metropolitan most holy church, and make them manifest to the bishops established under them. But let each of those bishops set these things forth in his own church, so that no one in our commonwealth may be ignorant of the things that have been disposed by us to the honor and magnificence of the great God and our Savior Jesus Christ. Moreover, let your holiness, following these things, make them manifest to all the most holy metropolitans who are under you, to be held throughout all time. A written copy to Epiphanius, most holy archbishop of this great and nourishing city. A written copy to the most holy archbishop of Jerusalem.
A written copy to John, most glorious man, prefect of the sacred praetoria for the second time, ex-consul and patrician, to whom this also was added: And let your highness too, knowing these things, hasten together with those who shall ever succeed to your seat to observe them. And if anything be reported, let him forbid such an offense, and especially whatsoever things have been prohibited in the ordinations of curiales or officials. But let him also report to us, so that fitting correction may be imposed concerning them; let him also make use of injunctions to the most distinguished judges of the provinces, so that they too, inspecting the things that are done, may not permit anything to be done outside of what has been established by us:
for there will be imminent upon them too a penalty of five pounds of gold, if they themselves, seeing the transgression, have not reported it either to your seat or to the imperial power, so that on every side the fitting adornment of ordination may be preserved to its grade. Written with the imperial subscription.