THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XI ~ |
CONCERNING
THE PRIVILEGES OF THE FIRST JUSTINIANIAN ARCHBISHOP,
AND THE PATRIARCHAL SEE OF ILLYRIA IN SECOND PANNONIA, WHICH IS NOW
TRANSFERRED TO THE FIRST JUSTINIANIAN ARCHBISHOP. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Catollianus, Most Blessed Archbishop of the First Justinianian. |
PREFACE. |
We,
being desirous of conferring many and various benefits upon the province
in which God first permitted Us to see the light, do hereby establish
there the center of sacerdotal authority; intending that the temporal
head of the first Justinianian shall be not only a metropolitan, but
also an archbishop; and that his jurisdiction shall include other provinces,
that is to say Dacia upon the Mediterranean, as well as Dacia Ripense,
Second Mysia, Gardania, the province of Praevalitana, Second Macedonia,
and that part of Second Pannonia in which is the City of Bacense. After
the establishment of the Prefecture of Firmia, all the authorities of
Illyria, civil as well as ecclesiastical, resided in that city; but
after the time of Attila, when this country was laid waste, the Praetorian
Prefect Appennius fled from Firmia, and took refuge in Thessalonica,
where the bishop followed him; from which date the said city became
the seat of the prefecture as well as of
the episcopal authority. The bishop of Thessalonica, however, did not
thereby obtain any prerogatives over the other bishops merely through
the exercise of his own authority, but acquired supremacy by being in
the shadow of the Prefecture. Now, as by the aid of God, the public
territory is increased, and both banks of the Danube are occupied by
towns subject to Our Empire, and Viminacia, Recidua, and Litterata,
situated on the other side of the Danube, are subjected to Our dominion,
We have deemed it necessary to establish in the province of Our birth
the glorious prefecture formerly situated in Pannonia, for the reason
that it is not far distant from Mediterranean Dacia, and Second Pannonia;
and, moreover, while Our subjects were occupied with the hardships of
war, the public welfare suffered because of the great distance which
separated Macedonia from the seat of the Prefecture, it appeared to
Us necessary to bring this seat nearer to the upper provinces, in order
that they might obtain the advantages incident to its proximity. Hence
Your Holiness, and all the prelates of the first Justinianian diocese,
shall have the rank of archbishop and enjoy the superior privileges,
power, and authority that this title confers over other ecclesiastics,
and it will be your duty to ordain them; and you will enjoy the first
sacerdotal dignity in all the aforesaid provinces, and the highest honors
of the priesthood will attach to your See; the provinces will have no
other archbishop; and you will, in no way, be subject to the Bishopric
of Thessalonica. When any dispute arises between the judges and other
magistrates, you and your successors must decide and finally dispose
of it, without recourse being had to anyone else; and all the provinces
above mentioned, while recognizing you as the head of the Church, shall
obey your orders, whether they are issued by you personally and of your
own authority, or whether this is done by members of the clergy whom
you may designate for that purpose; for you are invested with supreme
power, unlimited sacerdotal supervision and the right of appointment.
We desire Your Highness to select a bishop for the City of Aquis, situated
in the province of Dacia Ripense, so that the said city may no longer
be subject to the spiritual jurisdiction of the Bishop of Southern Thrace,
as We "desire that his authority shall only be exerted in the South,
and, under no circumstances, at Aquis. The Bishop of Aquis shall have
that city with all its castles, territory, and churches under his jurisdiction,
so that he can banish the heresy of the Bono-sians from that city and
country, and bring them into the orthodox faith. We communicate this
law to your venerated See, in order that Your Holiness may become acquainted
with these provisions, and that the church of Our country may forever
preserve the remembrance of a benefit which We have bestowed upon it
for the glory of Omnipotent God. When anyone who happens to occupy your
See shall have departed from life, We order that his successor shall
be ordained by the Venerated Council of Metropolitans; and, as it is
proper for the archbishop to be honored by all the churches of his jurisdiction,
the archbishop of Thessalonica shall not be allowed to participate in
the proceedings of the said Council. |
EPILOGUE. |
Your
Holiness will not delay to see that this law is carried into execution.
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Given on the twentieth, during the Consulate of Belisarius. |
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