THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  XLII  ~
CONCERNING THE DEPOSITION OF ANTHIMIUS, SEVERUS, PETER, ZOARAS, AND OTHERS.



 
S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).
 

 
  In the Name of Our Lord Jesus Christ. The Emperor Caesar, Flavius, Justinian, Gothicus, Francicus, Germanicus, Anticus, Alanicus, Vandalicus, Africanus, Pious, Fortunate, Glorious, Victorious, Triumphant, Ever Augustus, to Mena, Most Holy and Blessed Archbishop and Universal Patriarch.
PREFACE.
  By means of the present law, We undertake to dispose of a matter which not infrequently arises in the administration of public affairs. Whenever an ecclesiastical sentence has deposed any persons unworthy of the priesthood, and unfit to preside over the Holy Sees of the Church (such for instance as Nestorius, Eutyches, Arius, Macedonius, Eunomius, and others who are not inferior to them in iniquity), the government has always sustained the act of the ecclesiastics. In this manner both divine and human regulations unite in making decisions of this kind equitable. We are aware that a similar decree was promulgated against Anthimius, who was deposed from the See of this Royal City by Agapetus, of glorious memory, Pontiff of the most Holy Church of Ancient Rome, for the reason that he, in violation of all the rules of propriety, as well as in contravention of the sacred canons, had taken possession of the See, he being condemned by a general sentence of the Holy Pontiff above mentioned, and afterwards by the Sacred Synod of this city. Another reason for this was, that Anthimius had renounced the true dogmas of the Church, and spread his own doctrines in many places; had rejected various forms of purification while pretending adherence to the four Holy Councils, that is to say, that of the three hundred and eight fathers held at Nicaea, that of the hundred and fifty who met in this Fortunate City, that of the two hundred assembled at Ephesus, and that of the six hundred and thirty venerable Fathers convoked at Chalcedon. He refused to accept the dogmas of the Church, and rejected Our clemency and the pardon We offered him for his own safety; he declined to abandon the impious doctrines whose authors were condemned by the Holy Councils, and he even thought it proper to treat with contempt those who had sentenced him. From the time when he accepted dogmas not recognized by the Holy Church, he never returned to those which were true, although We have afforded him an opportunity for doing so, and have exerted every effort for the salvation of his soul.
CHAPTER I.
  For all these reasons, and taking into consideration the sentence of deposition issued against Anthimius by the Holy Synod, on the ground that, without being authorized by the sacred canons of the Church, he had taken possession of the sacred Sees of this Imperial City, as well as because he had renounced the true faith, We have enacted the present law against him. We hereby forbid him to reside in this Fortunate City or its jurisdiction, or in any other large city whatsoever, ordering him to remain quiet, and to seek the society of those whom he considers worthy of it, without having any communication with Our other subjects, or attempting to imbue them with his prohibited dogmas to their ultimate destruction.
  (1) We also confirm the sentence passed by all the Patriarchal or Pontifical Sees (with the concurrence of the monks) which anathematized Severus, who, in disobedience of the sacred decrees of the Church, accepted the See of the Holy Church of Antioch, and by doing so threw everything into confusion, and caused a general and abominable war to break out among the Holy Churches. Our predecessors pronounced the same curse against those who promote dissensions, while propagating rules and blasphemies at variance with the true dogmas; and at the same time against any person who adopts the abominable error of the impious heresiarchs Nestorius and Eutyches. These doctrines, although they may be considered to some extent antagonistic to one another, were devised with the same end in view, and were promulgated for the same purpose, namely, to promote the adoption of the provisions of Arius and Apollinarius, both of which, in like manner, lead to the perdition of the soul, and anyone who accepts either of them will be equally to blame, and will render himself equally guilty of crime, no matter to which of these sects he may adhere.
  (2) Therefore Severus shall remain subject to the anathema which the general, patriarchal, pontifical, and monastic assemblies of Our Empire have justly fulminated against him; he shall be expelled from the City of Antioch, and ejected from the See which he occupied the more irregularly, as he seized it while his predecessor was still living and dwelling among the Holy Churches, and drove away the ecclesiastics appointed to take his place. As Severus did not pay any attention to the proceedings taken against him, but, even while under the general anathema of the Orthodox and Catholic Church, he distributed throughout Our Empire a great number of blasphemous and abominable books, We hereby prohibit all Our subjects from having any of the same in their possession. And as it is not permitted to have possession of or copy the books of Nestorius (Our predecessors have included in this prohibition the lectures and the writings of Porphyry against the Christians) so, in like manner, no Christian shall have in his possession either the lectures or the writings of Severus, which are considered profane and contrary to the doctrines of the Catholic Church, and their possessors shall be required to burn them, if they do not desire to expose themselves to great risks. We forbid the copying of the books of Severus by any writer, either on account of the beauty of his chirography or the rapidity of his execution, and everyone is notified that if he does this, the penalty for the offence shall be the amputation of his hand, for We do not wish that the blasphemy contained in these books shall be transmitted to future ages.
  (3) We forbid him to enter this Royal City, or its territory, or any other large town, and direct him to retire to some solitary place, to remain there in silence, and not attempt to corrupt others, or induce them to be guilty of blasphemy, or to continue to invent new theories contrary to the true dogmas, and by this means to constantly excite dissension among the Holy Churches.
CHAPTER II.
  The Imperial Authority also confirms the anathema of Peter, Bishop of Apamea, who also was deposed at the same time as Severus, and for the same reason, and adopts as its own the decree issued against him. For anyone who has been placed under a general anathema shall remain subject thereto, and the sentence of the most holy ecclesiastics passed upon him is hereby ratified. We do not permit him to reside in this Royal City or its territory, or in any of the principal cities, but in one of those which has adopted his error, and which is situated at the greatest distance, and there he must live in retirement. For it is more beneficial that persons of this kind should remain concealed than be seen, as when they are unknown they only injure themselves; but when they publish their dogmas to the world, they give occasion for the perdition of many weak persons, which, under no circumstances, should take place among the Christian flock and the orthodox people of God, and is not permitted by Imperial authority.
CHAPTER III.
  Zoaras having also been subjected to anathema by the judgment of the most reverend bishops (a very light penalty for such serious offences), whose decisions are always equitable, and having been denounced by them, he will be liable to the punishment which, as is well known, has been inflicted upon Anthimius, Severus, and Peter. Hence the government confirms this sentence, which places him in the number of persons who have been anathematized; denounces him as schismatic, and expels him from this Royal City and its territory, absolutely forbidding him to reside in other cities. As the result of this, Zoaras shall reside and meditate in company with other blasphemers, who have just been punished and condemned to exile. If, indeed, there is anything else included in the sentence of deposition and anathema rendered by the Most Holy Bishops against the persons aforesaid than what We decree, We give it increased force, extend its time, and ratify it by Our Imperial Constitution, just as if it had emanated from the government itself. If any of those against whom this constitution has been enacted should oppose it, he is hereby notified that he will be liable both to the penalties prescribed by the Imperial laws, and to punishment of even greater severity.
  (1) We forbid all persons to attempt to destroy the Catholic Church of God (either by means of the doctrine of the Nestorian heresy, through the foolish doctrine of Eutyches, or the blasphemy of Severus — which embraces rules similar to theirs — or the tenets of others who follow them), to excite sedition among the most holy churches, or enter into any discussion concerning the true faith; but We direct them to keep silence on these subjects, and not call others together with a view to their conversion, or receive them if they come to them voluntarily; or presume to baptize them in their sect, or to defile the Holy Communion by administering it to others; or to explain forbidden doctrines either in this Imperial City or elsewhere; and if anyone should be guilty of such conduct he shall run the risk of punishment.
  (2) We forbid all Our subjects to entertain persons who have been anathematized; the latter shall be expelled from cities where they have caused trouble, and all persons are notified that under Our Divine Constitution houses where heresy has been preached shall be taken away from the owners of the same, and adjudged to the Holy Churches. And also where fields are used for this purpose, they shall also be taken, it being entirely just that the Holy Churches should acquire property which is used for the destruction of souls.
  (3) We establish these provisions for the common tranquillity of the Holy Churches, in compliance with the dogmas of the Holy Fathers, in order that the entire priesthood may hereafter suffer no disturbance. By the establishment of tranquillity, Our government will hereafter remain undisturbed, and We shall enjoy the peace which Our Lord Jesus Christ, Member of the Holy Trinity, and only Son of God, grants those who are considered worthy to adore and glorify Him.
EPILOGUE.
  Your Holiness will observe this law, and will communicate it by means of special letters to the most Holy Metropolitans subject to his authority, who, in their turn, shall take measures to communicate it to the most Holy Churches under their jurisdiction, in order that everyone may be familiar with the sacerdotal decrees ratified by the government Divine Subscription. May God the Holy and Religious Father preserve you for many years.
Given at Constantinople, on the eighth of the Ides of August, after the Consulate of Belisarius.