THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  V  ~
CONCERNING MONKS.



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

 
  The Emperor Justinian to Epiphanius, Most Holy and Blessed Archbishop of this Royal City, and Universal Patriarch.
PREFACE.
  Monastic life is so honorable and can render the man who embraces it so acceptable to God that it can remove from him all human blemishes, declare him to be pure and submissive to natural reason, enriched in knowledge, and superior to others by reason of his thoughts. Hence, where anyone who intends to become a monk is lacking in theological erudition and soundness of discourse, he becomes worthy of obtaining both by his change of condition. Therefore, We think that We should explain what should be done by such persons, and lay down rules which they must follow in order to pursue a holy life; and it is Our intention after having treated of the most holy bishops and reverend ecclesiastics in this law to omit nothing which concerns monks.
CHAPTER I.
   
CONCERNING MONASTERIES AND THEIR CONSTRUCTION.
  It must be stated before anything else that, where someone wishes to build a sacred monastery at any time or anywhere, he shall not have permission to do so before having applied to the bishop of the diocese, who shall extend his hands to Heaven and consecrate the place to God by prayer, placing upon it the sign of Our salvation (We mean the adorable and venerated sign of the cross), and then the building shall be erected, for this constitutes, as it were, a good and suitable foundation for the same. The construction of venerable monasteries should begin in this way.
CHAPTER II.
   
CONCERNING NOVICES.
  The condition of individual monks must now be considered by Us, and what must be done to enable slaves as well as freemen to be admitted to the order. Divine grace considers all men equal, declaring openly that, so far as the worship of God is concerned, no difference exists between male and female, freeman or slave, for all of them receive the same reward in Christ. Hence We decree that those who, following the sacred rules, desire to embrace a religious life, shall not immediately receive the monastic habit at the hands of the most reverend superior of the monastery; but, whether freemen or slaves, they must wait for the term of three years before assuming the monastic habit, but they shall, while studying theology, wear the tonsure and dress of those who are called the laity, and the most reverend abbots shall require them to state whether they are freemen or slaves, and for what reason they desire to embrace the monastic life, and, after having learned from them that no unworthy motive has induced them to take this step, they shall be received among those who are still taught and admonished of their duties; and their patience and sincerity shall be ascertained by experiment, for such a change of life is not easy, but is undergone at the expense of great mental exertion.
  (1) After the novices have been subjected to probation for the term of three years, and have convinced the superiors and other monks of their excellent dispositions and patience, they can assume the monastic habit and tonsure; and if they are free, can remain without molestation, and if they are slaves, they can by no means be subjected to annoyance, as they are consecrated to the common Master of all men (that is to say the One in Heaven), and become free. For, as in many instances, this takes place by operation of law and liberty is granted them, why should not Divine grace also avail to release them from their bonds ?
If, however, within the aforesaid term of three years, anyone should appear and attempt to remove any one of the said novices, on the ground that he is a slave, the same decision should be rendered as in a case which Zosimus of Lycia — a man most renowned in his order and who had almost reached his one hundred and twentieth year, but still enjoyed the use of all his mental and physical faculties (to such an extent was he honored by the favor of God) referred to Us. If then, as We have stated, anyone should, during the said term of three years, attempt to reduce a novice to servitude, who still desires to become a monk, and should declare that the latter took refuge in a monastery because he had stolen certain property, We order that he shall not be immediately surrendered, but let it first be established that he is a slave, and afterwards that he has committed theft, or has led a wicked life, or is given to the practice of the worst vices, and that, on this account, he has been induced to conceal himself in a monastery. If it should be established that the accuser told the truth, and it appears that the novice has embraced the monastic life for any reason of this kind, or that he has done so because of the baseness of his former life, and that he intended to assume the monastic habit without sincerity, he shall be restored to his master along with anything which he may have stolen, provided the property is in the monastery, and he who has been proved to be his master swears that he will receive him and take him home, and do him no harm.
  (2) Where, however, he who alleges that he is his master does not prove this, and he who is accused under such circumstances shows by his conduct that he is honest and kind, and can establish by the testimony of others that while he was with his master he was obedient and a lover of virtue, even if the term of three years has not elapsed, he shall, nevertheless, remain in the monastery and be released from the control of those who wish to remove him. But when the term of three years has once expired, as he is then judged to be worthy of monastic life, he shall remain in the monastery. Nor do We, under any circumstances, permit his former life to be investigated, but whether he is a freeman or a slave We desire that he shall continue to be a member of the order; for even though formerly his life may have been stained with vices (for human nature is, to a certain extent, inclined to the practice of evil), still three years probation is sufficient for the increase of his virtues and the expiation of his sins. Any property which he may have stolen, no matter in whose hands it may be found, shall, by all means, be returned to its former owner.
  (3) Where, however, having escaped the danger of servitude, the novice attempts to leave the monastery in order to adopt another mode of life, We permit his master to remove him and include him among his slaves, if he can prove that this was his original condition; for, having again been reduced to slavery, he will not suffer as great an injury as he would have inflicted by abandoning the worship of God. These are the rules which We establish with reference to those who wish to embrace a monastic life.
CHAPTER III.
   
MONKS SHALL LIVE AND SLEEP TOGETHER.
  We must now consider and show in what way these exponents of monastic philosophy should live and employ their time. In no monastery established under Our rule, whether it be composed of many or few members, do We wish the monks who reside therein to be separated from one another and have their own private rooms; but We direct that they shall all eat together, and that they shall all sleep together in the same place, each one, however, occupying his own pallet, in the same house; or if a single building should not be sufficient to accommodate the number of monks, they shall be apportioned among two or more, not separately and by themselves, but in common, in order that they may be witnesses of one another's honor and chastity, and that they may not sleep too long, and may only reflect upon what is good; for fear of incurring the blame of those who see them, unless indeed some individuals desiring to live in contemplation and perfection may lead solitary lives apart (these are called anchorites, that is to say, persons who seclude themselves, and Hesychastes, or those who live in peace, holding themselves aloof from society in order to improve their morals) ; otherwise, We wish all other monks who are assembled together to reside in convents, that is to say, places devoted to life in common; for in this way their zeal will increase their virtue, and especially will this be the case with those who are young when they are associated with their elders; for intercourse with the latter will materially contribute to the perfection of the education of youth. Monks living together in this way shall be obedient to their own abbot, and must strictly observe the rules of their order.
CHAPTER IV.
   
CONCERNING MONKS WHO ABANDON THEIR MONASTERY.
  Where anyone has once professed himself a monk and has assumed the monastic habit, and afterwards wishes to leave the monastery and lead a private life, he is-notified that he must satisfy God for so doing, and that any property which he may have had when he entered the monastery will belong to the latter, and that he can claim none of the same.
CHAPTER V.
   
CONCERNING A MAN OR WOMAN WHO DESIRES TO EMBRACE A SOLITARY LIFE.
  We also decree that any person who desires to enter a monastery shall, before he does so, have permission to dispose of his property in any way that he may desire; but the property of one who enters the Monastery shall by all means accompany him, even though he who brought it there may not expressly state that this was his intention; and he shall not afterwards be considered the owner of said property. When, however, he has any children, and he has already given them anything either as an ante-nuptial donation, or by way of dowry, and what was given would amount to the fourth of his estate if he had died without making a will, his children shall have no right to the remainder; but where he has either given them nothing or less than a fourth, and, after having renounced the world, he should be admitted among the monks, the fourth of his property shall be due to his children, or enough to make up that amount if they should already have received something from him. When he has a wife and leaves her to enter the monastery, she shall be entitled to the dowry and whatever has been agreed upon in case of her husband's death (which We have prescribed in another of Our constitutions). All these rules which We have laid down regarding monks shall be applicable to women who enter monasteries.
CHAPTER VI.
   
CONCERNING MONKS WHO ABANDON THE MONASTERY.
  If a monk should leave a monastery for the purpose of entering the army, or to adopt some other mode of life, his property shall remain in the monastery (in accordance with what We have previously stated), and he himself shall be attached to the service of the illustrious Governor of the province; and the result of the change will be that he shall serve an earthly tribunal, as being one who has evinced contempt for the sacred ministry of the Church.
CHAPTER VII.
   
CONCERNING MONKS WHO PASS FROM ONE MONASTERY TO ANOTHER.
  When a monk, having left the monastery where he lived in common with his companions, betakes himself to another, his property shall remain in the hands of and be claimed by the first monastery to which he took it after having renounced the world. Anyone who commits an act of this kind should not be received by the most reverend abbot, for a monastic life of this kind is improper, and should not be tolerated, as it does not indicate a constant and determined state of mind, but shows an irresolute disposition, which constantly seeks change. Bishops, and those ecclesiastics called archimandrites, shall prevent this, in order to preserve monastic honor in accordance with the sacred canons.
CHAPTER VIII.
     
MONKS SHALL NOT MARRY OR KEEP CONCUBINES.
  Where anyone leading a monastic life proves worthy of being ordained a priest, he shall continue to observe the rule of his order absolutely. If, however, having become a priest, he should abuse the confidence reposed in him, and presume to marry, although there are certain ranks of the clergy who are allowed to do this and to enter the matrimonial state (We refer to the orders of choristers and readers, but have forbidden the marriage of all others in accordance with the rules of the Church, as well as the entertainment of concubines, or the passage of their lives in debauchery), he shall, by all means, be dismissed from the priesthood by reason of his having mingled his former solitary life with that of the world, and shall hereafter become a private person; nor shall he be eligible to service in the army, or to any other employment, unless he wishes to render himself liable to the penalties already prescribed by Us. He himself, then being abandoned to his own resources, will become aware of the satisfaction that he owes to God for what he has done.
CHAPTER IX.

CONCERNING THE ELECTION AND CREATION OF ABBOTS. THIS CONSTITUTION IS APPLICABLE TO MONKS AS WELL AS NUNS.
  We do not wish the ordination of abbots (where at any time a monastery happens to be without an abbot) to be made in accordance with the seniority of the most reverend monks, and that the one who comes directly after the abbot in rank should be selected; or that the second or the third should be chosen (which is also provided by another of Our laws), but the bishop of the diocese shall go over the names of all of them in succession; and he must not limit himself to their priority of ordination by which their rank is determined, but must choose the one among all the monks who appears to be the best fitted for the place, and worthy of becoming the head of the monastery. The reason for this is that human nature is such that abbots cannot all be taken from among the oldest or most recent monks, but the examination must be conducted by the bishop according to rank, and he who appears to be best qualified of those successively examined shall be created abbot, as possessing the dignity and virtues requisite for the position. For it is necessary to choose those who can distinguish what is best from what is worst, since it is one thing to be unfitted for administration, and another to have the inclination to become competent, and, through proper instruction, to acquire, little by little, the faculty of presiding over a monastery.
  (1) The rules formulated by Us in the preceding laws, as well as in the present one, with reference to priests, monks, and monasteries, We hereby declare to be applicable to both males and females, as well as to convents and hermitages; for We do not distinguish between men and women for the reason that, as We have already stated, they compose but one in Christ.
EPILOGUE.
  The Most Holy Patriarchs will communicate these matters to the metropolitans under their jurisdiction, and the latter will bring them to the attention of the bishops, and the bishops will communicate them to the different monasteries under their control, to the end that the worship of God may everywhere remain pure. The most severe punishment shall be inflicted upon those who disobey the present law (We refer to celestial penalties which it is necessary to impose upon those who show contempt for the rules of their spiritual guides). When the judges of Our Empire are informed of any breach of this law, they should use every effort enjoined by the rules of the Church to cause it to be observed and carried into effect; for if they should be guilty of negligence, they shall not escape punishment. Wherefore it is proper for Your Holiness to conform to the preceding regulations, and communicate them to the Holy Metropolitans under your jurisdiction.
  Given at Constantinople, on the fourteenth of the Kalends of April, during the Consulate of the Illustrious Belisarius.