THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXIX ~ |
BEFORE WHOM THE CASES OF MONKS AND ASCETICS SHALL BE TRIED. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to Menna, Archbishop of Constantinople, and Universal Patriarch. |
PREFACE. |
Being aware of
an abuse which exists in this Royal City We have thought it proper to
correct it by a general law, which We make applicable to this Most Fortunate
City, as well as to all the provinces of Our Empire. Certain persons,
desiring to corrupt the purity of the orthodox faith, bring suit before
civil judges whenever they have any controversies with monks or hermits,
and these judges despatch executive officers, who venture to penetrate
into holy places, remove monks by force, annoy the inmates of monasteries,
ascetics, and even nuns who have entirely withdrawn from the world;
and, in consequence of this, great injury and confusion are caused in
religious establishments. |
CHAPTER
I. WHERE ANYONE ATTEMPTS TO SUMMON A MONK OR AN ECCLESIASTIC TO COURT. |
Therefore
We decree that when anyone is engaged in litigation with a venerated
ecclesiastic, a holy virgin, or nun actually resident in a monastery,
he must notify the reverend Bishop of the City. The ecclesiastic with
whom he has the controversy shall be sent for, and must appear, and
state his ground of defence, as decorously as possible, by means of
an abbot, a responsal, or any other person whomsoever; and the bishop
shall hear and examine the case with all due sacerdotal dignity, and
absolutely without the assistance of civil judges, for the bishops of
every city are qualified to decide honorably and sacerdotally, in accordance
with Our laws and the rules of the Church, when legal proceedings are
instituted against monks. For in this way those who think that they
have good cause to proceed shall obtain justice, and the respect due
to sacred things shall remain intact and inviolate. |
CHAPTER
II. CONCERNING THE ENFORCEMENT AND OBSERVANCE OF THIS CONSTITUTION AND THE DETERMINATION OF THE LEGAL CONTROVERSIES IN WHICH MONKS ARE CONCERNED. |
Litigation
in which monks are involved shall be speedily disposed of. This law
is of general application, and its enforcement shall be committed to
the Most Glorious Prefects having jurisdiction in all dioceses, namely:
those of Illyria, Italy, the entire West and those of both Romes, as
well as by the Most Glorious Praetors of the People, and the magistrates
of the provinces, with their subordinates; and it shall not be evaded
in any way but must be observed unchanged for the honor of the most
reverend monks. As
soon as Your Holiness is informed of its enactment, you will cause it
to be obeyed in this Most Fortunate City and its environs, and, by means
of suitable letters, will communicate it to the metropolitans of the
cities (from whom you yourself have received ordination), and the latter
will notify all the bishops subject to their jurisdiction; so that,
by means of few notices, this law may be transmitted to every portion
of Our dominions. We direct that all lawsuits in which monks are interested
shall be quickly terminated, in order that their minds may not be occupied
by the cares of litigation, but may be speedily freed from them, and
they be enabled to resume their sacred duties. |
CHAPTER
III. CONCERNING THOSE WHO VIOLATE THIS CONSTITUTION. |
Those
who do anything contrary to these provisions are hereby notified that
when a judge has presumed to render such a decision, he shall be deprived
of his office, as having been guilty of an insult to Divinity, and shall,
with his subordinates, be fined ten pounds of gold, to be paid into
Our Imperial Treasury; and if any executive officers should attempt
to serve an illegal notice, they shall be prevented from doing so, shall
be detained in the places called decaneta, be subjected to
suitable punishment, and not be permitted hereafter to perform their
official functions. |
EPILOGUE. |
This
law shall be applicable where anyone has a case against a most reverend
monk, virgin, or nun residing in any venerated monastery. We have already
enacted laws concerning members of the clergy stating the manner in
which they may be sued, and these We desire to remain valid and unaltered
under all circumstances. A
copy of this constitution has been addressed to John, Illustrious Praetorian
Prefect of the East, twice Consul and Patrician; and another to Basilides,
Most Glorious Master of the Imperial Offices; and still another to Longinus,
Most Glorious Urban Prefect. |
Given
at Constantinople, on the sixth of the Ides of March, during
the fifteenth year of the reign of Our Lord the Emperor Justinian, and
the Consulate of Ario. |
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