|
THE CODE OF OUR LORD THE MOST SACRED
EMPEROR JUSTINIAN.
BOOK 1.
--------------------------------------------------------------------------------
TITLE 1.
CONCERNING
THE MOST EXALTED TRINITY AND THE
CATHOLIC FAITH AND PROVIDING THAT NO
ONE
SHALL DARE TO PUBLICLY OPPOSE THEM.
1. The Emperors
Gratian, Valentinian, and Theodosius to the people of the
City of Constantinople.
We desire that all peoples
subject to Our benign Empire shall live under the same
religion that the Divine Peter, the Apostle, gave to the
Romans, and which the said religion declares was introduced
by himself, and which it is well known that the Pontiff
Damascus, and Peter, Bishop of Alexandria, a man of
apostolic sanctity, embraced; that is to say, in accordance
with the rules of apostolic discipline and the evangelical
doctrine, we should believe that the Father, Son, and Holy
Spirit constitute a single Deity, endowed with equal
majesty, and united in the Holy Trinity.
(1) We order all those
who follow this law to assume the name of Catholic
Christians, and considering others as demented and
insane, We order that they shall bear the infamy of heresy;
and when the Divine vengeance which they merit has been
appeased, they shall afterwards be punished in accordance
with Our resentment, which we have acquired from the
judgment of Heaven.
Dated at
Thessalonica, on the third of the Kalends of March, during
the Consulate of Gratian, Consul for the fifth time, and
Theodosius.
2. The Same Emperors to
Eutropius, Praetorian Prefect.
Let no place be
afforded to heretics for the conduct of their ceremonies,
and let no occasion be offered for them to display the
insanity of their obstinate minds. Let all persons know that
if any privilege has been fraudulently obtained by means of
any rescript whatsoever, by persons of this kind, it will
not be valid. Let all bodies of heretics be prevented from
holding unlawful assemblies, and let the name of the only
and the greatest God be celebrated everywhere, and let the
observance of the Nicene Creed, recently transmitted to Our
ancestors, and firmly established by the testimony and
practice of Divine Religion, always remain secure.
(1) Moreover, he who is
an adherent of the Nicene Faith, and a true believer in the
Catholic religion, should be understood to be one who
believes that Almighty God and Christ, the son of God, are
one person, God of God, Light of Light; and let no one, by
rejection, dishonor the Holy Spirit, whom we expect, and
have received from the Supreme Parent of all things, in whom
the sentiment of a pure and undefiled faith flourishes, as
well as the belief in the undivided substance of a Holy
Trinity, which true believers indicate by the Greek word a
These things, indeed do not require further proof, and
should be respected.
(2) Let those who do
not accept those doctrines cease to apply the name of true
religion to their fraudulent belief; and let them be branded
with their open crimes, and, having been removed from the
threshold of all churches, be utterly excluded from them, as
We forbid all heretics to hold unlawful assemblies within
cities. If, however, any seditious outbreak should be
attempted, We order them to be driven outside the walls of
the City, with relentless violence, and We direct that
all Catholic Churches, throughout the entire world, shall be
placed under the control of the orthodox bishops who have
embraced the Nicene Creed.
Given at Constantinople, on
the fourth of the ides of January, under the Consulate of
Flavius Eucharius and Flavius Syagrius.
3. The Emperor
Martian to Palladius, Praetorian Prefect.
No one, whether he
belongs to the clergy, the army, or to any other condition
of men, shall, with a view to causing a tumult and giving
occasion to treachery, attempt to discuss the Christian
religion publicly in the presence of an assembled and
listening crowd; for he commits an injury against the most
reverend Synod who publicly contradicts what has once been
decided and properly established; as those matters relative
to the Christian faith have been settled by the priests who
met at Chalcedony by Our order, and are known to be in
conformity with the apostolic explanations and conclusions
of the three hundred and eight Holy Fathers assembled in
Nicea, and the hundred and fifty who met in this Imperial
City; for the violators of this law shall not go unpunished,
because they not only oppose the true faith, but they also
profane its venerated mysteries by engaging in contests of
this kind with Jews and Pagans. Therefore, if any person who
has ventured to publicly discuss religious matters is a
member of the clergy, he shall be removed from his order; if
he is a member of the army, he shall be degraded; and any
others who are guilty of this offence, who are freemen,
shall be banished from this most Sacred City, and shall be
subjected to the punishment prescribed by law according to
the power of the court; and if they are slaves, they shall
undergo severest penalty.
Given at
Constantinople, on the eighth of the Ides of February, under
the consulship of Patricius.
4. John, Bishop of the
City of Rome, to his most Illustrious and Merciful Son
Justinian.
Among the
conspicuous reasons for praising your wisdom and gentleness,
Most Christian of Emperors, and one which radiates light as
a star, is the fact that through love of the Faith, and
actuated by zeal for charity, you, learned in ecclesiastical
discipline, have preserved reverence for the See of Rome,
and have subjected all things to its authority, and have
given it unity. The following precept was communicated
to its founder, that is to say, the first of the Apostles,
by the mouth of the Lord, namely: "Feed my lambs."
This See is indeed the
head of all churches, as the rules of the Fathers and the
decrees of the Emperors assert,
and the words of your most reverend piety testify. It is
therefore claimed that what the Scriptures state, namely,
"By Me Kings reign, and the Powers dispense justice;" will
be accomplished in you. For there is nothing which shines
with a more brilliant lustre than genuine faith when
displayed by a prince, since there is nothing which prevents
destruction as true religion does, for as both of them have
reference to the Author of Life and Light, they disperse
darkness and prevent apostasy. Wherefore, Most Glorious of
Princes, the Divine Power is implored by the prayers of all
to preserve your piety in this ardor for the Faith, in this
devotion of your mind, and in this zeal for true religion,
without failure, during your entire existence. For we
believe that this is for the benefit of the Holy Churches,
as it was written, "The king rules with his lips," and
again, "The heart of the King is in the hand of God, and it
will incline to whatever side God wishes"; that is to say,
that He may confirm your empire, and maintain your kingdoms
for the peace of the Church and the unity of religion; guard
their authority, and preserve him in that sublime
tranquility which is so grateful to him; and no small change
is granted by the Divine Power through whose agency a
divided church is not afflicted by any griefs or subject to
any reproaches. For it is written, "A just king, who is upon
his throne, has no reason to apprehend any misfortune."
We have received with all due
respect the evidences of your serenity, through Hypatius and
Demetrius, most holy men, my brothers and fellow-bishops,
from whose statements we have learned that you have
promulgated an Edict addressed to your faithful people, and
dictated by your love of the Faith, for the purpose of
overthrowing the designs of heretics, which is in accordance
with the evangelical tenets, and which we have confirmed by
our authority with the consent of our brethren and fellow
bishops, for the reason that it is in conformity with the
apostolic doctrine.
The following is the
text of the letter of the Emperor Justinian, Victorious,
Pious, Happy, Renowned, Triumphant, always Augustus, to
John, Patriarch, and most Holy Archbishop of the fair City
of Rome:
With honor to the
Apostolic See, and to your Holiness, which is, and always
has been remembered in Our prayers, both now and formerly,
and honoring your happiness, as is proper in the case of one
who is considered as a father, We hasten to bring to the
knowledge of Your Holiness everything relating to the
condition of the Church, as We have always had the greatest
desire to preserve the unity of your Apostolic See, and the
condition of the Holy Churches of God, as they exist at the
present time, that they may remain without disturbance or
opposition. Therefore, We have exerted Ourselves to unite
all the priests of the East and subject them to the See of
Your Holiness, and hence the questions which have at
present arisen, although they are manifest and free from
doubt, and according to the doctrines of your Apostolic See,
are constantly firmly observed and preached by all priests,
We have still considered it necessary that they should be
brought to the attention of Your Holiness. For we do not
suffer anything which has reference to the state of the
Church, even though what causes difficulty may be clear and
free from doubt, to be discussed without being brought to
the notice of Your Holiness, because you are the head of all
the Holy Churches, for We shall exert Ourselves in every way
(as has already been stated), to increase the honor and
authority of your See.
--------------------------------------------------------------------------------
One Hundred and Thirty-First New
Constitution.
[Novella 131 was issued in 545 A.D.]
The Emperor Justinian to Peter, Most
Glorious Imperial Praetorian Prefect.
PREFACE.
We enact the present
law with reference to ecclesiastical rules and privileges
and other subjects in which holy churches and religious
establishments are intrusted.
Chapter I.
Concerning Four Holy
Councils.
Therefore We order that
the sacred, ecclesiastical rules which were adopted and
confirmed by the four Holy Councils, that is to say, that of
the three hundred and eighteen bishops held at Nicea, that
of the one hundred and fifty bishops held at Constantinople,
the first one of Ephesus, where Nestorius was condemned, and
the one assembled at Chalcedon, where Eutyches and
Nestorius were anathematized, shall be considered as laws.
We accept the dogmas of these four Councils as sacred
writings, and observe their rules as legally effective.
Chapter II.
Concerning The
Precedence of Partriarchs.
Hence, in accordance
with the provisions of these Councils, We order that the
Most Holy Pope of ancient Rome shall hold the first rank of
all the Pontiffs, but the
Most Blessed Archbishop of Constantinople, or New Rome,
shall occupy the second place after the Holy Apostolic
See of ancient Rome, which shall take precedence over all
other sees.
|
