文集與托雷多會議 第 59 章

The Emperor Justinian Augustus to Mennas, most holy and most blessed archbishop of Constantinople and patriarch of its whole region. Although by many laws we have already comprised the things which concern the most holy churches, we still, however, have need of a certain other one which may suffice for emerging and newly arising cases. For many, for the sake of acquiring a name, are wont to turn their minds to the construction of most holy churches, and at the same time, when they have built them up, to apply no further care whereby they might also allot suitable expenses to them — both for the kindling of the lamps, and for the support of those who attend and assist at them, and likewise for the sacred ministry;

but they leave them as bare buildings, either to be destroyed again, or bereft of the sacred ministry. We ordain therefore that, before all things, this be done: that no one have license to begin the building of a monastery, or church, or oratory, before the most God-loving bishop of the city, intervening, pours forth prayers on the spot and, a public procession having been instituted there, fixes a cross and renders the deed manifest to all. For many, pretending that they will build oratories, indulge their own passions and diseases of soul, so as to be founders not of orthodox churches, but of unlawful dens.

Next, let no one build a church anew otherwise than by conferring with the most God-loving bishop about the matter, and by fixing a certain measure of money both for the kindling of the lamps and for the sacred ministry, and that the building may be kept in good repair, and for the support of those who attend and assist at it. And if it seem sufficient, let him first execute the donation of the things to be assigned, and only then build the sacred edifice.

But if anyone be not sufficient for this, and nevertheless, out of desire and love of acquiring a name — that he too, namely, may be called a founder of a church — should wish to do this: since there are many churches here and there, both in this royal city and in the provinces, in which, although all the ministries are duly performed, yet there is danger lest they collapse through age, or even be small, or of less adornment than those who handle the sacred things in them with their hands could wish — it shall indeed be permitted to him to take one of churches of this kind and to build it up; this too, however, being a matter to be accomplished with the knowledge and consent of the most God-loving orthodox bishop.

For thus it will come about that he be called founder of the sacred edifice, and yet add nothing further of his own in expense, the expenses already assigned for this according to custom being supplied by those who previously too made those disbursements. This too we ordain: that, according to the law already issued by us, the God-beloved bishops remain in their churches and do not abandon them; whereas some tarry here for a long time and compel the stewards throughout the provinces to transmit expenses to them, and the most holy church indeed expends what it ought not to suffer him thereby to retain.

We ordain therefore that the law already laid down by us remain in its force: whether the God-beloved bishop be absent from his church, or whether for a longer time no expense be sent to him from the province, but that this revenue indeed be expended upon pious acts and upon the most holy church, while he, wandering here, shall not burden the most holy church with expenses.

since it is certain that, if he be absent for a very long time, the provisions already ordained by us concerning these same matters shall hold good. And since it happens that we have already ordained that, if in any province an alienation of immovable ecclesiastical property must be made, it should proceed according to a decree — as the constitution issued by us some time ago says — and that the decree be transacted not only in the presence of the God-beloved bishop of the city and his clergy, but also of the metropolitan bishop; and since this too has moreover been ordained, that if the most holy bishop of the metropolis is about to sell, or the most holy stewards of his church, what ought to be done — to this also we add: that two from the synod of God-beloved bishops which is under him, whomever he shall choose, be present at it, every other observance being likewise kept.

to that which has already been ordained, let the presence of two God-beloved bishops be added, so that he may be seen to transact the matter according to himself with his synod; and just as he himself, while present, renders the matter credible and sufficient to him who is set under him, so also the synod which is under him, being present through two God-beloved bishops, will be seen to render the matter most holy, taking testimony from such a synod. This our law, transmitted both to the see of your beatitude and to the other patriarchs, you yourselves shall make manifest by your own letters to the metropolitans established under you; and these in turn shall publish it to the bishops set under them, lest any of the things ordained by us be hidden. Given on the Kalends of May at Constantinople, in the reign of our lord.

Given under our lord Justinian, Pius, Perpetual, Augustus, in the twelfth year of his reign, John the most distinguished man being consul.