A Source Book for Ancient Church History

by Joseph Cullen Ayer

We decree that whenever it is necessary to ordain a bishop, the clergy and the leading citizens whose is the bishop who is to be ordained shall make, under peril of their souls, with the holy Gospels placed before them, certificates concerning three persons, testifying in the same certificates that they have not chosen them for any gifts or promises or for reasons of friendship, or any other cause, but because they know that they are of the true and Catholic faith and of honest life, and learned in science and that none of them has either wife or children, and know that they have neither concubine nor natural children, but that if any of them had a wife the same was one and first, neither a widow nor separated from her husband, nor prohibited by the laws and sacred canons; and know that they are not a curial or an official, or, in case they should be such, are not liable to any curial or official duty; and they know that they have in such case spent not less than fifteen years in a monastery. This also is to be contained in the certificate: that they know the person selected by them to be not less than thirty years of age; so that from the three persons for whom these certificates were made the best may be ordained by the choice and at the peril of him who ordains. But a curial or an official who, as has been said, has lived fifteen years in a monastery and is advanced to the episcopate is freed from his rank so that as freed from the curia he may retain a fourth part of his property, since the rest of his property, according to our law, is to be claimed by the curia and fisc. Also we give to those who make the certificate the privilege that if they deem a layman, with the exception of a curial or an official, worthy of the said election, they may choose such layman with the two other clergy or monks, but so, however, that the layman who has in this way been chosen [pg 557] to the episcopate shall not be ordained at once, but shall first be numbered among the clergy not less than three months, and so having learned the holy canons and the sacred ministry of the Church, he shall be ordained bishop; for he who ought to teach others ought not himself to be taught by others after his consecration. But if by chance there are not found in any place three persons eligible to such election, it is permitted those who make the certificates to make them for two or even for only one person, who shall each have the testimonials mentioned by us. But if those who ought to elect a bishop do not make this certificate within six months, then, at the peril of his soul, let him who ought to ordain ordain a bishop, provided, however, that all things which we have said be observed. But if any one is made bishop contrary to the aforesaid rules, we command that he be driven entirely from the episcopate; but as for him who dared to ordain him against these commands, let him be separated from the sacred ministry for a year and all his property, which at any time or in any way shall come into his possession, shall be seized on account of the crime he has committed against the rule of the Church of which he was a bishop.

Ch. 13. We do not permit clergy to be ordained unless they are educated, have the right faith, and an honorable life, and neither have, nor have had, a concubine or natural children, but who either live chastely or have a lawful wife and her one and only, neither a widow not separated from her husband, nor forbidden by laws and sacred canons.

Ch. 14. We do not permit presbyters to be made less than thirty years old, deacons and sub-deacons less than twenty-five, and lectors less than sixteen; nor a deaconess to be ordained[207] in the holy Church who is less than forty years old and who has been married a second time.

(e) Justinian, Codex, I, 11.

Law against paganism.

The following laws of Justinian, though of uncertain date, mark the [pg 558] termination of the contest between Christianity and paganism. In the second of these laws there is a reference to the prohibition of pagan teachers. It is in line with the closing of the schools of the heathen teachers at Athens. The decree closing the schools has not been preserved.

Ch. 9. We command that our magistrates in this royal city and in the provinces take care with the greatest zeal that, having been informed by themselves or the most religious bishops of this matter, they make inquiry according to law into all impurities of pagan[208] superstitions, that they be not committed, and if committed that they be punished; but if their repression exceed provincial power, these things are to be referred to us, that the responsibility for, and incitement of, these crimes may not rest upon them.

(1) It is permitted no one, either in testament or by gift, to leave or give anything to persons or places for the maintenance of pagan impiety, even if it is not expressly contained in the words of the will, testament, or donation, but can be truly perceived in some other way by the judges. (2) But those things which are so left or given shall be taken from the persons and places to whom they have been given or left, and shall belong to the cities in which such persons dwell or in which such places are situated, so that they may be paid as a form of revenue. (3) All penalties which have been introduced by previous emperors against the errors of pagans or in favor of the orthodox faith are to remain in force and effect forever and guarded by this present pious legislation.

Ch. 10. Because some are found who are imbued with the error of the impious and detestable pagans, and do those things which move a merciful God to just wrath, and that we may not suffer ourselves to leave uncorrected matters which concern these things, but, knowing that they have abandoned the worship of the true and only God, and have in insane error offered sacrifices, and, filled with all impiety, have celebrated solemnities, we subject those who have committed these [pg 559] things, after they have been held worthy of holy baptism, to the punishment appropriate to the crimes of which they have been convicted; but for the future we decree to all by this present law that they who have been made Christians and at any time have been deemed worthy of the holy and saving baptism, if it appear that they have remained still in the error of the pagans, shall suffer capital punishment.

(1) Those who have not yet been worthy of the venerable rite of baptism shall report themselves, if they dwell in this royal city or in the provinces, and go to the holy churches with their wives and children and all the household subject to them, and be taught the true faith of Christians, so that having been taught their former error henceforth to be rejected, they may receive saving baptism, or know, if they regard these things of small value, that they are to have no part in all those things which belong to our commonwealth, neither is it permitted them to become owners of anything movable or immovable, but, deprived of everything, they are to be left in poverty, and besides are subject to appropriate penalties.