A Source Book for Ancient Church History - Mirrors

§ 94. The Byzantine State Church under Justinian 609have neither concubine nor natural children, but that if any ofthem had a wife the same was one and first, neither a widownor separated from her husband, nor prohibited by the laws andsacred 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 orofficial duty; and they know that they have in such case spent notless than fifteen years in a monastery. This also is to be containedin the certificate: that they know the person selected by them tobe not less than thirty years of age; so that from the three personsfor whom these certificates were made the best may be ordainedby the choice and at the peril of him who ordains. But a curialor an official who, as has been said, has lived fifteen years in amonastery and is advanced to the episcopate is freed from hisrank so that as freed from the curia he may retain a fourth part ofhis 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 whomake the certificate the privilege that if they deem a layman,with the exception of a curial or an official, worthy of the saidelection, they may choose such layman with the two other clergyor monks, but so, however, that the layman who has in this waybeen chosen to the episcopate shall not be ordained at once, [557]but shall first be numbered among the clergy not less than threemonths, and so having learned the holy canons and the sacredministry of the Church, he shall be ordained bishop; for he whoought to teach others ought not himself to be taught by othersafter his consecration. But if by chance there are not found inany place three persons eligible to such election, it is permittedthose who make the certificates to make them for two or even foronly one person, who shall each have the testimonials mentionedby us. But if those who ought to elect a bishop do not make thiscertificate within six months, then, at the peril of his soul, let himwho ought to ordain ordain a bishop, provided, however, that allthings which we have said be observed. But if any one is madebishop contrary to the aforesaid rules, we command that he be