THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CXXXIII  ~
IN WHAT MANNER MONKS SHOULD LIVE.


 
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 
 
The Emperor Augustus to Menna, Most Blessed Archbishop.
PREFACE.
  Solitary life and the meditation it encourages are sacred things, which elevate the mind to God, and are of the greatest benefit, not only to those who profess such a life, but also to all other persons, on account of its purity, and the supplications which they address to the Deity. Monastic life was therefore an object of especial solicitude to Our Imperial Predecessors, and We have enacted not a few laws for the preservation of its honor and adornment, for We follow the sacred rules, and the ancient fathers who formulated them, as there is nothing to which a government should not pay attention, since it has received from God the general supervision of all men. We have also recently enacted a constitution forbidding monks assembled in large numbers and residing together as hermits to have separate rooms, to use private dwellings or separate property, or to live alone; but requiring them to eat and sleep in common, and to lead becoming lives, in order that they may be mutual witnesses of their own chastity; that those who are younger may respect the age of the others who observe their actions, and constantly watch over them, lest they may be detected in the commission of sin, or of some shameful act during their sleep; for each monk must, above all things, preserve his virtue even while in repose.
CHAPTER I.
  We, however, having been informed of certain matters which require legal intervention, and in order to provide for the perfection and completion of former constitutions, have been induced to issue the present law, by which We absolutely prohibit monks from living separately and having private cells, unless they are entirely alone in them; and We decree that each monastery shall have two ministers; that the monks shall dwell in continence and quiet, and that though there may be a great number of them together, they shall live in common, whether engaged in prayer or in the satisfaction of their natural requirements, in order that they may not commit any sin; that they shall eat and sleep together, as has just been stated, unless they are so numerous that one building cannot contain them all, and it is necessary to distribute them among two or three others. We order that monks shall possess absolutely nothing of their own, and that they shall remain constantly together in order to be able to have an eye upon one another both day and night. For all are not sleeping at the same time, and there is no doubt that while some are given to slumber, others are awake, who scrutinize their actions. Where there are several buildings belonging to one of the monasteries subject to the order of Your Holiness in this great city, or in its environs, whether the said buildings have been erected by Us, or whether they are separately inhabited by other monks, Your Holiness will demolish them, and indicate to the monks the one in which they shall reside; for what have they to fear in being united, and consecrating themselves to God by renouncing a worldly life? We desire that this rule shall be observed now and hereafter, for all time; that no monks shall live separately, but that all shall be assembled together and watch one another's conduct. It is certain that if these regulations are complied with, they will be free from all blame. Where, however, any one of them becomes impudent and ventures to disobey what We have decreed, the head of the monastery must subject him to punishment. For We desire that monastic discipline be more strict in the future than it is at present; and in the first place, We forbid that there shall be several entrances to the monastery, and We wish that there shall be only one, or two at the most; and that men of advanced age, who are chaste and of good reputation, shall be stationed at the door to prevent the most reverend monks from going out without the consent of the abbot (for they must use every effort to arouse their zeal towards God, and prevent them from lacerating themselves), and they shall also forbid strangers from entering the monastery, either by day or by night, when the latter do not encourage the reverend monks to continue in the exercise of their sacred duties. Every monastery shall be surrounded by strong walls, so that no one can leave it except by the gates.
CHAPTER II.
  When there is no chapel in the monastery, as it is not proper for the monks to avail themselves of this excuse to go out, for the purpose of taking walks and conversing with other persons, We order them to repair to the church at the very moment of the religious service, in the company of their abbots, their deans, and their seniors, and when the service is at an end, they must all return to their convent, and remain there honoring the Omnipotent God and devoting themselves to the study of the Bible. Hence a large number of these books must be kept in the monastery, so that each one can purify his soul, and water it with the Holy Scriptures; for by their frequent perusal they will have no longer any temptation to deceive, and will be relieved of all human cares. Four or five of the oldest monks, who have practiced continence and have deserved to be ordained priests, deacons, and other ecclesiastics, shall be attached to the chapel of the monastery. These monks shall be charged with giving lectures upon the Holy Scriptures, and imparting instruction in them; they shall have the care of the sacred house; and shall restrain petulant youth always desirous to pass the bounds of decorum.
CHAPTER III.
  Women shall not enter a monastery of men, nor shall men enter one of women, under the pretext of the death or funeral of anyone, or for any other reason; even if it is alleged that he or she has in the monastery a brother, a sister, or other member of his or her family, for no earthly relationship exists for monks, who have embraced the celestial life; and, besides, what could be the object of those who desire to enter in such holy places, if it was not to commit some forbidden act? Above all, as men are permitted to perform all the duties relative to their monasteries, and the same privilege is accorded to women in their convents, no person of a different sex from that of the inmates of the monastic institutions can be introduced there, even if the person alleges that he or she is the brother, sister, or other relative of a monk or a nun; and if We remove the occasion for sin in the beginning, and afterwards prevent souls from giving themselves up to the indulgence natural to them, monks can lead a more regular life, and restrain their passions with greater facility. Therefore, all persons shall obey this law, men shall not have sepulchres in the convents of women, and women shall not bury their dead in monasteries inhabited by men; for just as the occupations of of women are not suitable for men, so also the labors of males are not proper for females. We do not wish that, on account of the funerals of deceased persons, such a disgraceful mingling of the sexes which arises from a wicked motive should take place; and We forbid this, for fear that by this means a road may be opened for dishonorable conduct, and that no one may shamelessly enter the residence of monks and bring trouble upon it by alleging piety as a pretext, and claiming a relationship which those who have embraced a solitary life should no longer acknowledge. Therefore it is perfectly clear that persons employed in burials, principally pallbearers and sextons, cannot enter monastic institutions; for while the rule is easy to observe in the case of monasteries of men, this is not the case so far as convents inhabited by women are concerned.
  (1) Hence We order that when a woman is buried in a monastery of women (for We do not allow a man to be buried there), the most reverend women shall remain in their apartments, and the one having charge of the door, and the abbess, if she so desires, shall be present at the funeral; that those who are charged with this duty shall perform it quickly; and that they shall dig the grave, cover the body, and retire promptly, without seeing any of the most reverend women, or being seen by them. Men shall not invent any excuse to enter the monasteries of women, nor women to enter those of men; nor shall they allege as a pretext the prayers (called memorial exercises) offered up on the third or ninth day after death, or when forty days have elapsed, or even after a year; for as women while in a convent are permitted to transact business, and the same privilege is accorded to men who occupy monasteries, We do not, for any such reasons, permit dishonorable acts to be committed in these sacred institutions.
CHAPTER IV.
  But as no rule is strictly observed unless someone is authorized to enforce it, We order that every abbot shall have constant supervision of the conduct and discipline of his monastery, that he shall promptly correct the slightest fault which may be committed, and not permit the evil to become greater, and souls fleeing from salvation to be lost. When there is (as in this Most Fortunate City) a prior of monasteries, he must carefully maintain discipline; he must send his apocrisiarii there; he must obtain information with reference to neighboring convents, and ascertain whether any offences are committed therein, and, if this should be the case, he must punish them in the exercise of a just and proper discretion. The bishop of every town, and the patriarch or metropolitan, shall also maintain monastic discipline; the bishops must send the most reverend defenders to the monasteries to suppress abuses; see that the rules are observed; forbid anything contrary to decorum to be committed, and when this takes place, quickly correct it. The Most Holy Patriarch of this Most Fortunate City shall examine all the monasteries situated therein, and shall appoint for their supervision such of the defenders of the Most Holy Principal Church as he considers most perfect and honest, and this supervision being exercised by several persons, the rules will be better observed, and breaches of discipline more severely punished.
CHAPTER V.
  Every monastery placed under the government of an abbot shall have (as We have already stated) apocrisiarii, who, being old men, will preserve monastic discipline, and not suffer monks to undergo corporeal injury; and they must also be charged with the affairs and interests of the monasteries. Convents of women shall also be provided with apocrisiarii to the number of two or three, who, whenever it is possible, shall be eunuchs, or advanced in years, and enjoy a great reputation for chastity. These apocrisiarii shall be authorized to conduct the litigation of the monastery, and minister the ineffable communion to the nuns at the proper time. If, however, they should desire to obtain advice concerning the business of the monastery, or confer with any most reverend hermit, they must only speak to the abbess through the agency of the most reverend doorkeepers, for the women appointed to have charge of the doors must guard the entrance and exit of the monastery; they must prevent anyone from departing, and render the entrance inaccessible to all men except the apocrisiarii. The latter must apply to the doorkeepers, and announce their arrival; the abbess, having been notified, shall come down and discuss their administration and the object of their visit with them, and, in this way, the business of the monastery will be conducted, and chastity will remain inviolate. If any monk should commit an offence (for all men are human, and no one has such control over himself as to be absolutely free from sin, as this is the attribute of God alone), they shall warn him, suspend him, and give him time for repentance, in order that he may improve his behavior, come to his senses, and not lose the fruit of his labors. But when a monk is guilty of a serious offence, the apocrisiarii shall inflict a penalty in proportion to its nature, they must severely reprimand him, and impose upon him a rigorous penance. If they can in this way restore to virtue one who has fallen, and has begun to be corrupted (and what We say is applicable to both monks and nuns), they will render thanks to Omnipotent God, while the angels in Heaven rejoice as they do when anyone is delivered from his sins. Where, however, a cenobite commits a crime which is beyond all remedy, he must then be expelled from the monastery, as having abandoned virtue for vice, and he alone will enjoy his perversity, so that he cannot infect the other monks as with a pestilence emanating from diseased animals. The government does not intend that the punishment of monks should be neglected, and as it is necessary for it to see that it is inflicted, the indignation of the authorities even against the abbot, the bishop of the diocese, or the defenders of the church will not be restrained if they do not comply with these provisions. Where, however, these holy persons pray to God for the prosperity of the government with pure hands, and souls free from every blemish, there is no doubt that Our armies will be victorious, and Our cities well governed; for where God is appeased and favorably disposed towards Us, why should not We enjoy universal peace and the devotion of Our subjects? The earth offers Us its fruits, the sea gives Us up its wealth, and the prayers of Our people will invoke the blessing of God upon the entire Empire. On the other hand, the monks will be entitled to more reverence; their lives will be still more exemplary; and they will shine in the brilliancy of their virtues. They will all have but one wish; all of them will strive to accomplish the same object; all wickedness will be banished as much as possible, more holy and better desires will be entertained; and recognizing these facts, We enact the present law, which We consider to be useful.
CHAPTER VI.
  We also desire that when any most reverend monk has been proved to have frequented a tavern, he shall immediately be delivered up to the defenders of the district, or to the Most Glorious Praetorian Prefect of this City, and after having been convicted, he must be punished; and notice shall be given to the abbot in order that the latter may expel him from the monastery, as being one who has exchanged an angelic life for one that is discreditable. Monks must occupy themselves not only in studying the Holy Scriptures, but also in strengthening their bodies (that is to say by manual labor), and thus both meditate and work, for an idle mind produces nothing good. We enact the present law for the benefit of members of the monastic order; it shall be observed in this Royal City, and in all the provinces; We shall address it to the patriarchs to insure its execution; the latter will communicate it to the metropolitans under their jurisdiction; the metropolitans will bring it to the knowledge of all the bishops, and the bishops will notify the most reverend monks and their abbot of its promulgation. We entrust its execution not only to the abbots of the various monasteries, to the bishop beloved of God, to the reverend metropolitans, and most holy patriarchs, but also, in this city, to Your Excellency; and when any violation of it merits a more severe punishment, it shall be inflicted by these Divine personages. We order Governors to cause Our law to be observed in their respective provinces, and these magistrates shall be informed by the bishop beloved of God of any violation of it that may take place. Thus both these holy persons and magistrates will preserve unimpaired these provisions which have reference to God and the Empire, for there is nothing more sacred than for the government to enjoy the clemency of Omnipotent God, and Our Saviour Jesus Christ, through the purity of most reverend personages. All clerks, monks, and bishops of both superior and inferior rank must keep themselves pure, and observe the sacred canons, and the Imperial statutes and Constitutions enacted with reference to religious matters, whose entire force and effect We confirm by the present law.
EPILOGUE.
  Therefore Your Holiness will hasten to carry into effect what We have been pleased to enact by the present law, as soon as it is brought to your knowledge.
  Given at Constantinople, on the seventh of the Kalends of April, during the Consulate of the Most Illustrious Ario.