Misplaced Pages

#419580

104-656: John Scholasticus , the Patriarch of Constantinople , was the writer of the first church-civil codex in which the material is systematically arranged. The twelve Novellae of Emperor Justinian ( Novellae Constitutiones ) on the subject of church and law are a part of this codex. It is known as the Nomocanon of John Scholasticus (ca. 550) or the Syntagma of John Scholasticus ( Синтагма Јована Схоластика ). Syntagmas are nomocanons that contain rules without explanations. At

208-461: A kingdom (1217) and religious independence (1219) came after political efforts by Stefan Nemanja (founder of the dynasty) and his sons, Stefan Nemanjić (the first Nemanjić king) and Sava Nemanjić (the first Serbian archiepiscope ). A legal system established regulations for the Serbian kingdom and Serbian church. During this period, only the tsar could establish legal acts and laws to fill

312-469: A context in which conciliar formulations were not seen as fixed.” This council was held during the decades after Nicaea when nobody mentions homoousios , not even Athanasius. Hanson quotes the Western statement of faith in full: (1) 'We disqualify and extrude from the catholic church those who assert that Christ is indeed God, (2) but that he is not true God, that he is Son, but not true Son; that he

416-412: A contrast between the slave society and Christian teaching. Christian teaching proclaims the freedom and equality of all, including both slaves and masters. However, slavery was so deeply rooted that it took centuries for people to start perceiving slaves as more than things ( res ). Chapter 55 of Zakonopravilo ( Prohiron ) states that slavery is in opposition to nature, which made everyone free, but

520-655: A council to Rome, which vindicated the orthodoxy of Marcellus, as well as that of Athanasius.” However, since both Marcellus and Athanasius were Eastern bishops and were deposed by the Eastern Church, their vindication by the Western Church created tension between the East and the West. In the year 341, the bishop of Rome attacked the Eastern Church by means of a letter, using Athanasius’ polemical strategy and accusing

624-418: A divorce to happen, in the case of the wife committing adultery, proof is needed. If it is determined that the wife was in fact unfaithful, the husband gets the premarital gift and the dowry, but if its proven otherwise the woman can get a divorce and take her dowry and premarital gift back. If they had no children, the woman has the right to her husband's possessions worth up to a third of the premarital gift. In

728-405: A lease contract were specified, for example by having the administrative staff of the noble home swear an oath in front of a bishop promising no damage would be caused. The responsibilities of parents and children comprise another important section. The author strove to highlight the importance of families, in which life evolves and social awareness awakens. He believed that respecting one's parents

832-457: A parent that wishes his daughter to marry her captor was imprisoned). Civil legislation in the Proheiron states the following in the case of a person defiling a woman with her consent, but without the consent of her parents: If the woman was not engaged, the man who defiled her could choose to marry her, with the consent of her parents. If the parents did not consent, and the man was wealthy, he

936-630: A part of Krmčija but the articles were altered. It was written in the vernacular with the exception of some lines in Church Slavonic . Pavle Šafarik acquired the manuscript soon before leaving Novi Sad in 1831. It is now kept in his manuscript collection in National Museum of Prague . During the Serbian Revolution (1804) priest Mateja Nenadović established Zakonopravilo as the code for liberated Serbia . It

1040-622: A source for their own codex. This codex originally had 27 unnumbered articles. The numbering was done by Aleksandar Solovjev, who prepared the edition of the codex and wrote both a juridical and historical commentary on it, in the Glas ('Voice') of the Serbian Academy of Sciences and Arts . In the sixteenth article it is mentioned that some parts of the codex were taken from Zakon sudnji ljudem, Zakon gradski ( Proheiron ) and Sud cara Leona i Konstanina ( Eclogue ). Its laws were already

1144-534: A woman who was not engaged, they would be obliged to return her to her family, which would later decide if she was to marry her abductor. This regulation was adopted at the Synod of Ancyra . Saint Basil later significantly changed this regulation with the 22nd canon. However, the Book of Tsar and Proheiron were not in agreement on the idea of a woman marrying her captor, they strictly forbade it (according to Proheiron ,

SECTION 10

#1732775661420

1248-412: Is also not true. Constantine was emperor of the entire Roman Empire and was able to limit religious disagreements between factions in the church. However, after he died in 337, his sons divided the empire between them. This created the opportunity for theologies to develop in different directions in the eastern and western parts of the empire. After the empire was divided, Athanasius was able to convince

1352-503: Is also regarded as a saint of the Eastern Orthodox Church . He was born at Sirimis, in the region of Cynegia, near Antioch . There was a flourishing college of lawyers at Antioch, where he entered and did himself credit. This was suppressed in 533 by Justinian I . John was ordained and became agent and secretary of his church. This would bring him into touch with the court at Constantinople . When Justinian, towards

1456-575: Is begotten and at the same time has come into existence; for this is the way in which they regularly interpret "begotten", professing, as we have said above, that "begotten" is "having come into existence"; [and that though Christ has existed before the ages they assign to him a beginning and an end which he has not in time but before all time]. (3) And recently two adders have been born from the Arian asp, Valens and Ursacius. who declare and state, without equivocation, though they call themselves Christian, that

1560-587: Is considered poor: "the one who has less than 50 gold coins in his belongings is poor." One of the most important ways of protecting the poor is the building of noble homes (churches, monasteries, hospices, public kitchens, residences of the impoverished, hospitals). Regulations referring to noble homes are mostly taken from John Scholasticus' Canon in 87 chapters or Justinian's Novellae. They include: Noble homes could be leased but only under strict surveillance, so malpractice and damage infliction are avoided. A lease could be granted for an unlimited term. Ways of making

1664-454: Is equally certain that he can have taken no prominent nor active part, in spite of later legends to this effect and the conviction of some scholars that he was the moving spirit in the Council.” After Nicaea, Marcellus was deposed for Sabellianism. “Marcellus of Ancyra had produced a theology … which could quite properly be called Sabellian.” After Alexander died in 328, Athanasius, who

1768-488: Is famous for its advanced treatment of social justice . Saint Sava expanded the boundaries of social justice, confronting the norms of Byzantine civil law and slave society. He accentuated the Christian teaching of social justice, justifying it by saying that norms should serve a man and not the public interest. One of the most significant social justice rules is introduced in the fourth introductory chapter. This chapter

1872-602: Is intended to be a supplement to N. It is the production of men who were searching for a substitute for N.” "The Western bishops remained at Serdica for some time after the departure of the Eastern bishops and occupied themselves not only in launching anathemas and acquitting the accused but also in producing 'several documents." Ossius was their chairperson. "From the assembly of Western bishops in Serdica, or in connection with them emerged no less than eight documents." "Ossius

1976-688: Is meted out. Two rules were taken from Moses' legislation: Because of the second rule, it is worse to hit a slave than to hit a freeman. Both master and slave benefit from this – the master makes a profit and the slave is protected from injuries that would cause his value to drop. More favorable are church regulations. Masters are mentioned in a mindful way so their anger towards the slaves would be reduced, while slaves are not encouraged to rebel. Instead they are asked to be loyal and serve their masters in order to make them more willing to grant freedom. Slaves could be named as priests only with their master's consent and if given they would be set free. If not, and if

2080-748: Is not obliged to have a custodian if his father is held captive, but he needs to have a property guardian. After the father is released the son is back in his power. A woman could also be held in custody and if someone were to pay her ransom she would become his wife and their children would be legitimate. A dying soldier is also considered socially endangered. If a soldier realizes his end is near he can bequeath his property in front of two witnesses and his will be accepted as valid. Exiles and captives were also considered socially endangered. A woman could also sell her dowry in order to feed her exiled father, brother or husband. Those who were captivated temporarily did not lose their inheritance rights. Many regulations present

2184-627: Is one of the greatest family values. Those who disrespected and abused their mothers or fathers were punished severely – with the death penalty. The Proheiron  [ sr ; de ; fr ] prescribes a milder punishment – those who are guilty shall be disinherited. In case of sickness, children have obligations to their parents. If parents are mentally or physically ill and their children refuse to look after them, then they, as legal heirs, could be disinherited. Children have one more obligation concerning inheritance law. They should not disinherit their parents or take property that could be bequeathed – it

SECTION 20

#1732775661420

2288-404: Is one of the most important indicators of social awareness in society. Roman marriage law enabled a relatively easy divorce by written statement ( labellum repudii ) or by agreement ( divortum ex consensu ). Byzantine marriage law had difficulty in freeing itself from its Roman heritage, until Emperor Justinian made important limitations to the novellae in 542, which were later transferred to

2392-413: Is represented in one specific regulation that says that monks who, when leaving the monastery, ask to have their possessions back even though they were used to release prisoners, will never be forgiven. Anyone could bequeath their property to prisoners for the sake of their release. Prisoners' heirs (especially children) are bound by the law to use the heritage in order to help the prisoner make free. If not,

2496-605: Is strictly forbidden in all but the following situations: when parents give up their children for execution, when parents practice witchcraft to harm their children, when a father seduces his son's wife or concubine or when parents endanger each other. Children who abandon their parents and excuse themselves with piety while showing no respect will be doomed, and vice versa (for parents who abandon their children before adulthood). Certain civil regulations were influenced by these norms. Parents are not allowed to disinherit their children nor children to disinherit their parents when leaving for

2600-427: Is that if a man leaves his wife for any reason other than those regulated by law and weds another, he will be denied holy communion, while a woman who leaves her husband will be cursed. The only legitimate reason for a divorce, according to canonical teaching, is adultery. Saint Sava could not stay within the boundaries of church teaching when it came to divorce. He prescribes part of a novella written by Emperor Leo VI

2704-551: The Eclogue  [ sr ; de ; fr ] ) but the printed version of Zakonopravilo does. Thus, Roman-Byzantine law was brought to Eastern Europe through Zakonopravilo . In Serbia, it was considered the code of divine law and was implemented into Dušan's Code (1349 and 1354). It was the only code among Serbs during the time of the Ottoman reign. Multiple transcriptions were preserved: The legislative tradition of

2808-427: The Book of Tsar , a person that defamed a virgin has their nose cut off and is obliged to give a third of their assets to the woman. The Proheiron states that if a person has a relationship with a girl younger than 13, that person has their nose cut off, and is obliged to give half of all their assets to the girl. If a person abducted an engaged woman, they were obliged to return her to her fiancée, and if they abducted

2912-519: The Byzantine emperors ' Novellae (most were taken from Justinian's Novellae). Zakonopravilo was a completely new compilation of civil and religious regulations, taken from Byzantine sources, but completed and adapted by Saint Sava to fit in Serbia . Beside decrees that organized the life of church, norms regarding civil life were taken from the Proheiron . It consisted of 70 chapters: six in

3016-681: The Logos and the Spirit was pierced and wounded and died and rose again, and (what the heretical rabble likes to claim) that the hypostases of the Father and of the Son and of the Holy Spirit are distinct and are separate, (4) But we have received and have been taught this (tradition), we have this catholic and apostolic tradition: that there is one hypostasis, which the heretics (also) call ousia, of

3120-580: The 21 of Sardica , and the 68 of the canonical letter of Basil. Writing to Photius , Pope Nicholas I cites a harmony of the canons which includes those of Sardica, which could only be that of John the Lawyer. When John came to Constantinople, he edited the Nomocanon , an abridgment of his former work, with the addition of a comparison of the imperial rescripts and civil laws (especially the Novels of Justinian) under each head. Balsamon cites this without naming

3224-515: The Eastern Church of being ‘Arians’, meaning followers of Arius. “Julius wrote to the east in 341 in a letter which shows the strong influence of the emerging Athanasian account of ‘Arianism’.” This exacerbated the division between East and West. “Once Julius had acted we begin to see divisions between the Church in the eastern and western halves of the empire emerging.” The Eastern Dedication Council of 431 discussed and rejected that letter. “Early in

Zakonopravilo - Misplaced Pages Continue

3328-757: The Nomocanon by John Scholasticus and Slavic alternation of the Eclogue  [ sr ; de ; fr ] ( Zakon Sudnyi Liudem ) The Eclogue is a Byzantine codex dating from the mid-eighth century. It was most likely issued by Leo III or Constantine V as a short version of Justinian's codex. Methodius's nomocanon was written just before he traveled to Slavs in Lower Pannonia to visit Prince Kocel (869–870 and 873–874) and it applied to all Slavs. The Zakonopravilo consists of seven introductory chapters: followed by sixty-three other chapters: Zakonopravilo

3432-403: The Nomocanon in 14 titles (47th chapter). With this law the marital security of women was strengthened in families of priests and secular families. When it comes to families of priests, Zakonopavilo dictates that if a presbyter or a deacon banishes his wife (for example by excusing himself with piety ) and decides not to take her back, his title will be taken away. The rule in secular families

3536-480: The Serbian people is also to be seen in Montenegro . Just before the loss of their independence in the feudal age, between 1486 and 1490, a short codex was written. It consisted of only seven articles and it is known as Тhe Verdict of Tsar and Patriarch ( Суд Царски и Патријаршијски ) or The Verdict of Ivan Crnojević ( Суд Ивана Црнојевића ). It is based on the alteration of Dušan's Code ( Душанов Законик ) from

3640-539: The Western delegation included the deposed Eastern bishops. For that reason, the two groups of bishops never met as one. The Easterners refused to allow these deposed bishops to take part in the Council and the Westerners refused to meet without them. “So ended the Council of Serdica. Intended as a means of healing a dangerous rift which was developing between the Eastern and Western Church, it succeeded only in widening that rift to an apparently unbridgeable extent.” It

3744-401: The Westerners to review decisions which they were competent to make. … The Easterners had a perfectly good case, and this fact till recently has not been sufficiently realized. Western bishops had no right to review the verdicts of Eastern councils. … Metropolitan jurisdictions were fairly clearly established in the East but were still in an uncertain and unformed state in the West.” "Athanasius

3848-454: The Wise which states that if a man has an insane wife who does not recover within three years, he has the right to divorce her. After that, chapter 11 of Proheiron lists reasons for which a woman can request a divorce: if the husband is working against the state or knows anyone that is without revealing it, if he does anything to harm the wife in any way, or if he forces her to be unfaithful. For

3952-565: The approvals of the emperors. Constans brought deposed Eastern bishops under his protection to the council. That was a direct attack on the Eastern Church. Constantius sent a military official and two comes (trusted officials from the Imperial Court) with the Eastern bishops. After the council, he "duly exiled Lucius of Adrianople and some Egyptian clergy who had met with the Easterners' disapproval." We can assume, therefore, that

4056-456: The author's aim was to provide respect and legal protection for this category of people. That is why in chapter 48 under the "about respecting the graybeards" heading is a regulation from the books of Moses : "Before the face of the gray-haired stand up and respect the face of the old." Saint Sava wrote an interpretation of the whole canon, including Aristinos' comments, regarding this topic. He also added, "If any clergyman imitates or ridicules

4160-679: The author, in his notes on the first canon of the Trullan council of Constantinople . In an MS. of the Paris library the Nomocanon is attributed to Theodoret , but in all others to John. Theodoret would not have inserted the "apostolical canons" and those of Sardica, and the style has no resemblance to his. In 1661 these two works were printed at the beginning of vol. ii. of the Bibliotheca Canonica of Justellus , at Paris. Photius (Cod. lxxv.) mentions his catechism, in which he established

4264-455: The basis of Serbian medieval law and Serbia became part of European and Christian civilization . In the 13th century Zakonopravilo was transferred to Bulgaria and from there to Russia. It was printed in Moscow twice – in 1650 and 1653 under the name of Krmčija and reprinted during the 18th and 19th centuries. The last edition dates to 1914. The first edition was found to be incorrect and

Zakonopravilo - Misplaced Pages Continue

4368-537: The beginning of the seventh century, two important acts were combined. The Canon Syntagma , written by Patriarch Sergius, and a codex written as a part of Justinian 's law, by an unknown author, were taken by a jurist named Julian who turned them into Nomocanon in 14.Titles ( Номоканон у 14 наслова ). In 883, the rules from the Trullan and Second Council of Nicaea , those written at the Constantinopolitan assemblies, and at civil assemblies were added to

4472-409: The bishop of Rome of his polemical strategy. “Athanasius appealed to Julius of Rome in 339–40 by using his strategy of narrating a theological conspiracy of ‘Arians’. His success had a profound impact on the next few years of the controversy.” He and Marcellus were also able to convince the bishop of Rome of their orthodoxy and of Athanasius’ innocence. “Julius (bishop of Rome), in the year 341, summoned

4576-485: The blind, the deaf or the lame, or those crippled in any other way – he shall be deposed because he is an offense to God who created him." Another way to protect these people was to give them the opportunity for inheritance. Besides this, the only way for their relatives to include them as heirs was to manage their property during their lifetimes. The law dictated that the blind can name their own heir verbally, by having seven or five witnesses present. The position of women

4680-510: The case of an unfaithful husband, the woman can choose not to leave if he stops after she requests it. If a slave was involved in the adultery, the punishments are more rigorous: When the husband commits adultery with a slave the act is revealed to the public, the husband is punished by beating and the slave is sold to another region. When a married woman commits adultery with her slave, she is punished by beating, cutting her hair, cutting off her nose, banishing and confiscating her belongings, while

4784-538: The cases of Athanasius, of Marcellus, of Asclepas and of Lucius all over again and declared them innocent." They "stigmatized all the Easterners as Arians" and excommunicated Eastern leaders. “The ‘easterners’ … excommunicated all the ‘western’ leaders at Serdica” and “branded all the Westerners as Sabellians." "Intended as a means of healing a dangerous rift which was developing between the Eastern and Western Church, it succeeded only in widening that rift to an apparently unbridgeable extent." This dispute that prevented

4888-475: The church and a sort of judge, because they were expected to defend the interests of the church in the courtroom. However, some ecdics were responsible for more than church issues. This is known from some tsar's decrees, for instance: Emperor Theodosius I wrote to Constantinople's ecdic saying he should not let peasants and citizens be oppressed by taxes, that he should repress the arrogance of archonts and care for his people as he does his children. Because of

4992-410: The church shall take away the property and use it with that purpose. If children are to neglect their imprisoned parents, and they manage to free themselves, they have the right to choose whether children will become a part of their will or not. If they fail to free themselves or die while in captivity because of their children's neglect, the children shall be disinherited and the property will be given to

5096-436: The church with the aim of paying ransom for others. The same is the case with relatives who are named as heirs. When a child is taken to captivity, the parents' obligations are not much different. Parents are disinherited if their child dies in captivity because of their neglect. In the aim of releasing captives it was allowed for anyone (older than 18) to take gold as a loan and pawn his own or prisoner's belongings. A male minor

5200-405: The church would free their slaves. The emperor declared that the church ceremony should be the same for everyone, and that without it, the marriage would be considered an obscenity. Alexius explained his decision by stating: "There is one Lord for everyone, one faith, one baptism for both slave and master, but what is the difference in faith – we do not know; therefore, all of us are slaves as well to

5304-597: The close of his life, tried to raise the sect of the Aphthartodocetae to the rank of Orthodoxy and determined to expel Eutychius for his opposition, the able lawyer-ecclesiastic of Antioch, who had already distinguished himself by his great edition of the canons, was chosen to carry out the imperial will. He was also credited for methodical classification of Canon law , the Digest of Canon Law. Following some older work which he mentions in his preface, he abandoned

SECTION 50

#1732775661420

5408-481: The decision not to meet with the Western bishops was precisely consistent with his instructions for the council. It may, therefore, be said that this entire affair was part of the struggle between the two emperors for supremacy. "The Eastern bishops only produced one document, that which was composed at Serdica and published at Philippopolis." "This formula is no more or less than the Fourth Creed of Antioch 341,

5512-456: The defeat of Arianism.” “Marcellus learnt the main lines of his theology from Eustathius.” “Eustathius and Marcellus … certainly met at Nicaea. and no doubt were there able to join forces with Alexander of Alexandria and Ossius.” Since Constantine had taken Alexander's part, Alexander’s alliance was able to dominate the council, including to insert in the Creed the term homoousios which hitherto

5616-410: The development of” “an increasingly sophisticated account of his enemies;” “the full flowering of a polemical strategy that was to shape accounts of the fourth century for over 1,500 years;” “a masterpiece of the rhetorical art.” This included the claim that all of his enemies are Arians (followers of Arius), which they were not, and that Athanasius himself was deposed due to an Arian ‘conspiracy’, which

5720-493: The east, never met as one.” “It was in fact a debacle rather than a Council, and it is absurd to reckon it among the General Councils.” "The unwilling Eastern bishops ... on reaching Serdica were housed in a wing of the imperial palace and carefully kept from informal contact with the Western bishops." They refused to allow Marcellus and Athanasius to participate in the discussions and the Westerners would not allow

5824-515: The entire council from meeting already began at Nicaea, where Alexander formed an alliance with Marcellus and some other Sabellians: “Simonetti estimates the Nicene Council as a temporary alliance for the defeat of Arianism between the tradition of Alexandria led by Alexander and 'Asiatic' circles (i.e. Eustathius, Marcellus) whose thought was at the opposite pole to that of Arius. … Alexander … accepted virtual Sabellianism in order to ensure

5928-428: The fifteenth century. Around the beginning of the 19th century when Montenegro started developing characteristics of an independent country, Petar I Petrović-Njegoš made a Codex of 33 lines ( Законик у 33 пункта ). The Codex of Podunavlje was a draft that did not gained legal power. Nevertheless, it expressed an eternal need of Serbs to arrange state relations legally. Serbs from Srednje Podunavlje used Krmčija as

6032-464: The following articles:marriage between a guardian (and his closest relatives) and a poor woman was forbidden, to protect her from abuse by her carers. If moribund parents appoint a guardian for their daughter, he can not marry her off or abrogate a previous marriage without her consent. Prisoners were considered the most socially endangered of all because in exchange for their freedom even censers were allowed for sale. The importance of freeing prisoners

6136-439: The fourth century.” “In 343 … about 90 bishops from the West and about 80 from the East set off to meet in Serdica. Constans himself, accompanied by Athanasius and several other Eastern bishops who had been deposed during the past twenty years, attended the encounter." “Athanasius, Asclepas and Marcellus were present as Eastern bishops with a grievance.” These Eastern bishops were deposed by Eastern courts. Their attendance under

6240-496: The gaps in common law . Industry developed and the legal system regulated various relations. Roman Law was adopted. Prior to the Nemanjić era, Serbia was not ruled by a tsar, so its ruler could not create a legal code. Rulers enacted individual acts and decrees. In order to overcome this problem and organize the legal system after acquiring religious independence, Saint Sava finished Zakonopravilo in 1219. Zakonopravilo

6344-468: The historical plan of giving the decrees of each council in order and arranged them on a philosophical principle, according to their matter. The older writers had sixty heads, but he reduced them to fifty. To the canons of the councils of Nicaea , Ancyra , Neocaesarea , Gangra , Antioch, Ephesus , and Constantinople , already collected and received in the Greek church, John added 89 "Apostolical Canons,"

SECTION 60

#1732775661420

6448-409: The importance of this role, laws were created to regulate the elections of ecdics , with the participation of respectable citizens and led by bishop and clergy. Another protection mechanism is mentioned in the second chapter of Zakonopravilo , taken from the Proheiron : "If the self-supporting man is involved in a lawsuit with his guardian, it is necessary he seeks help." Proheiron defines who

6552-422: The introduction, 44 dedicated to church law and 20 to civil law. Sava's interpretations increased its value. He dedicated many regulations to the protection of the poor and disempowered. He accentuated the equality of state and church, which led to the acceptance of Symphonia , the orthodox theory that posits that church and state are to complement each other. Legal transplants of Roman - Byzantine law became

6656-418: The meeting to continue without them: “The majority (of the ‘easterners’) refused to meet with the ‘westerners’ who wished Athanasius and Marcellus to be allowed normal participation in the meeting.” These two bishops “had been tried, condemned and deposed by regularly convened and ordered Eastern councils.” Athanasius had been found guilty of “tyrannical behaviour.” "The Easterners had no intention of allowing

6760-418: The monastery, if the motive for disinheriting appeared before the monastic life. Zakonopravilo regulates the way the property of those adopting the monastic life should be divided. If a monk has children, he can bequeath his property to his children. If he dies before making a will, his children take what is legally theirs, while the rest of the property is given to the monastery. Zakonopravilo lays down

6864-399: The most important strides in establishing a more humane relationship towards slaves was to give them the possibility to become heirs. An heir could be their own slave, but they could also be someone else's. The social status of slaves improved when it came to family law. A child conceived between a free mother and a slave father is free because his mother was free while giving birth, even if she

6968-464: The need for war created slavery since the law of war states that victors rule losers. Also, a person is either born a slave or becomes a slave (in captivity) and all slaves are equal – nobody is more or less of a slave. Slaves could be tortured by masters but the greatest punishment would ensue for a slave who endangers his master's life. A master could be punished if he tortures his slave before killing him, but if he kills him without torture, no punishment

7072-591: The nomocanon. He most likely began in 1208 while at Mount Athos , using the Synopsis of Stephen of Ephesus ; Nomocanon of John Scholasticus ; Nomocanon in 14 Titles ; the documents of the Ecumenical Councils, which he modified with the canonical commentaries of Aristinos and John Zonaras; local church meetings; the rules of the Holy Fathers ; the law of Moses , translation of the Proheiron and

7176-592: The nomocanon. Patriarch Photios wrote the foreword. In 920, the Nomocanon of Photios was proclaimed an official law document of the Christian Church by the four eastern patriarchs at their council in Constantinople. The first Slavic nomocanon, Liber Sclavorum qui dicitur Methodius , was probably written by Slavic enlightener Methodius around 868. The Liber Sclavorum qui dicitur Methodius included two codexes – Methodius's translation of

7280-614: The one sent vainly to Constans, with an addition to the anathemas at the end tacked on to it. The addition runs thus: 'Likewise the holy and Catholic Church anathematizes those who say, Clearly they wish in this addition to allay Western fears that in maintaining the existence of three hypostases within the Godhead they are falling into tritheism, and to reject Arian doctrine equally with Sabellianism." The Easterners “reject Arian doctrine equally with Sabellianism.” "Their profession of faith cannot possibly be described as Arian. But neither

7384-521: The one that got us out of our slavery". During the Nemanjić dynasty (1166–1371), the Serbian medieval state flourished in the spheres of politics, religion and culture. Monasteries were built, far more than in previous centuries. The country was expanding and urban life emerged. Trade, mining and manufacturing expanded. The ruling family became prosperous and was known for piety. Formal establishment of

7488-542: The piety. For a long time, freeing slaves was possible only in the emperor's chambers until the Synod of Carthage where "the fathers of the synod" asked the emperor to allow slaves to be freed in churches. Another regulation states that when a master frees his slave before two witnesses, the slave can not be enslaved by anyone. Chapter 40 is named "Chapters of the great church, Hagia Sophia , sealed up with Justinian's golden stamp, about slaves who resort to church" and it contains six rules of which five regard slaves. One of

7592-454: The poor and those who are unprotected from violence. They can seek help from a bishop, who is obliged to assist them as much as he can or they can go to the emperor personally and ask for help. Bishops, busy with their church duties, were unable to protect the many powerless people from abusers and famine. The solution was to establish services that church representatives ( ecdics ) chosen by the emperor would carry out. Ecdics were executors of

7696-491: The principle that a small group of Western bishops were the "devisers" of this council, the Western delegates came from a relatively small part of the Western Empire: “At least half of those attending the ‘western’ meeting were from areas to the east of northern Italy and the largest single block of attendees were the Greek and Balkan bishops. The ‘western’ council was as localized as most during this century.” Julius I

7800-682: The protection of the Western emperor was a direct challenge and insult by Emperor Constans to the authority of the Eastern church. At this time, "Constantius was on the Eastern frontier occupied with war against the Persians." He did not attend. "He sent the comes Strategius Musonianus and the castrensis Hesychius, to assist the Eastern bishops in their journey and ordered Philagrius (an official experienced in troublesome ecclesiastical matters, now comes in Thrace), to accompany them on their journey from Philippopolis to Serdica." Consistent with

7904-480: The question arises to what extent they represent the general view of the West. After discussing the evidence, Ayres concludes that it is not accurate to describe it as an East/West or a Latin/Greek divide. He says it is an error to assume “that Greek-speaking areas of the east divided clearly in theology from the Latin-speaking west. … ‘East’ vs. ‘West’ is far too clumsy a tool of analysis for almost anything in

8008-484: The rules of inheritance for children whose (non-monsastic) father died and who now live with a poor mother or mother-in-law. In this case, if de cuius has three children or less, the wife gets a quarter of the property, whether the children are hers or from a previous marriage. If he has more than three children, then the wife gets just as much as one child gets for use (owners of that property are their own children). Since ageing usually comes with disease and weakness,

8112-569: The second one was printed in 1,200 copies, of which some reached the Serbs. Since the 17th century the Serbs have used the Russian printed editions of Sava's Zakonopravilo . The name Krmčija was also accepted from Russia and it alludes to the church following the nomocanon. Originally Zakonopravilo didn't contain Zakon sudni ljudem and Sud cara Leona i Konstanina (Slavic alterations of

8216-435: The slave decided to leave the church and start living a worldly life, a master was allowed to regain power over him for a one-year period. The master's consent was necessary for a slave to become a monk. Those who encouraged slaves to leave their masters, excusing themselves with piety, would be convicted and the slaves who did so would be executed. This regulation shows how slave society released slaves, but also how it protected

8320-675: The slave is punished by the sword. Situations in which they are punished equally include when one puts the other's life at risk, in which case the crime is revealed to the public and immediate retaliation is requested. According to the church, widows and poor women were the most socially endangered group and accordingly were given the most protection. An article carried over from the Book of Exodus to Zakonopravilo stated: "You must not mistreat any widow or orphan. If you do mistreat them, and they cry out to Me in distress, I will surely hear their cry. My anger will be kindled, and I will kill you with

8424-632: The suggestion of Constans, that a grand Ecumenical Council should take place, with the intention of resolving the tension between East and West in the Church, at Serdica, modern Sofia, a city carefully chosen as standing between the Eastern and Western halves of the Roman Empire.” Traditionally, it had been claimed that the council was convened by the two augusti at the request of Pope Julius I . However, RPC Hanson wrote: "The devisers of this meeting were certainly not Eastern bishops. Socrates (HE II.20) expressly says that they did not want to come. It

8528-426: The sword; then your wives will become widows and your children will be fatherless". The first way of protecting a widow is her inheritance (if her deceased husband has up to three children), which is one fourth of the husband's assets, which can not be over 100 liters of gold. The second way is that the church is obliged to feed and take care of the widow if she requested it. Poor women were also protected. According to

8632-448: The teaching of the consubstantial Trinity, saying that he wrote it in 568, under Justin II , and that it was afterwards attacked by the impious Philoponus . Fabricius considers that the Digest or Harmony and the Nomocanon are probably rightly assigned to John the Lawyer. Little is known of his episcopal career. Seven months after his appointment Justinian died. The new emperor, Justin II ,

8736-510: The tools through which the emperors governed the church. “The general council was the very invention and creation of the Emperor. General councils, or councils aspiring to be general, were the children of imperial policy and the Emperor was expected to dominate and control them.” This council was probably not the emperor's idea. The idea probably originated from one of his trusted bishops. The Council, however, would not have been possible without

8840-479: The weak are bishops, deacons and presbyters (basically the church as an institution). Zakonopravilo contains two canons that speak on this: 59: the Apostles' canon imposes excommunication for bishops or presbyters who do not give a poor cleric what he is in need of, and takes away their rank if they remain merciless (because they are murderers of their own brother) 7: the canon from Synod of Sardica includes

8944-414: The wisest from the unlearned, because to all he gave one gratitude." This regulation proclaimed the equality of all people regardless of their financial or social status, it forbade allow oppression, and it strove for welfare. It was contrary to the principles of slave society at the time. Shelter of the poor and the role of noble homes is mentioned in chapter 48, in the section "On court and justice", which

9048-588: The year 342 a delegation from the Eastern Church presented itself at the court of the Emperor Constans in Trier. … It carried with it the Fourth Creed of Antioch 341 and asked the Emperor to consider it. As a gesture of reconciliation, this embassy was fruitless, because nobody in the West took any notice of the creed." It was in this context that a small group of bishops convinced Constans to propose an “ecumenical council’ at Serdica. To add insult to injury,

9152-902: The years after Nicaea.” "The fragments of Eustathius that survive present a doctrine that is close to Marcellus, and to Alexander and Athanasius. Eustathius insists there is only one hypostasis. “ (Eustatius was another important Sabellian in the fourth century.) For that reason, Athanasius and Marcellus, while in Rome, were able to form an alliance against those who taught that the Father, Son, and Spirit are three hypostases (three Centres of Consciousness or three Minds): “They considered themselves allies.” “Athanasius and Marcellus now seem to have made common cause against those who insisted on distinct hypostases in God.” While in Rome, Athanasius also developed his polemical strategy: “Athanasius’ engagement with Marcellus in Rome seems to have encouraged Athanasius towards

9256-449: Was Emperor Constans who took the initiative. In the fourth century, the emperor was the final arbiter in doctrinal disputes. If we ask the question, what was considered to constitute the ultimate authority in doctrine during the period reviewed in these pages, there can be only one answer. The will of the Emperor was the final authority." Only the emperors could arrange a general council like this one. In fact, these 'ecumenic councils' were

9360-455: Was a synod convened in 343 at Serdica in the civil diocese of Dacia , by Emperors Constans I , Augustus in the West, and Constantius II , Augustus in the East. It attempted to resolve "the tension between East and West in the Church." “The council was a disaster: the two sides, one from the west and the other from the east, never met as one.” "Constans decided to take the initiative ... His brother Constantius … agreed to permit, at

9464-431: Was a slave when the child was conceived. If the mother was a free woman when the child was conceived, but a slave while giving birth, the child would still be free. In Alexius I Comnenus 's novella (Chapter 46) in the year 1095, slaves were no longer defined as things and their marriage was declared equal to the marriage of free people. Until then, slaves would marry without a church ceremony, because their owners were afraid

9568-474: Was a small group of Western bishops, influential with Constans, who planned the Council: Maximinus of Trier, Protasius of Milan, Ossius of Cordova, Fortunatianus of Aquileia and Vincent of Capua. Julius of Rome was not a prime mover in the affair; he sent a comparatively minor delegation who kept a low profile.” Since the "devisers" of the council were a small group of bishops who had Constans' ear,

9672-832: Was crowned by the patriarch, November 14, 565. He organized a compromise between the Chalcedonians and Non-Chalcedonians in 567, and temporarily reunited the two sects in 571. John died shortly before Justin in 577. Fabricius , xi. 101, xii. 146, 193, 201, 209; Evagr . H. E. iv. 38, v. 13, Patr. Gk. lxxxvi. pt. 2; Theoph. Chronogr. 204, etc., Patr. Gk. cviii.; Niceph. Callist. iii. 455, Patr. Gk. cxlvii.; Victor Tunun. Patr. Lat. lxviii. 937; Baronius , ad. ann. 564, xiv. xxix.; 565, xvii.; 578, 5; Patr. Constant. in Acta SS. Bolland. Aug. i. p. * 67. Synod of Sardica The Council of Serdica , or Synod of Serdica (also Sardica located in modern-day Sofia, Bulgaria ),

9776-413: Was deservedly unpopular in the East. Serious attempts were made to overcome the impasse. Ossius more than ten years later said that he had gone so far as to offer to take back Athanasius with him to Spain if the Easterners would join him in discussion, but the distrustful Eastern bishops refused this suggestion." Both sides took the most imprudent measures towards the others: "The Western bishops examined

9880-593: Was essential for religious independence. Saint Sava most likely brought an already written nomocanon to Nicaea , when he traveled there in 1219 to request independence for the Serbian church from the Patriarch of Constantinople . It is unlikely that the patriarch would have accepted an independent Serbian church before he had seen the nomocanon book that would regulate its functioning. On his way back to Serbia, Saint Sava spent time in Thessaloniki where he completed

9984-784: Was excommunicated. It is often claimed that the Westerners were "mostly of the Western Homoousian faction." However, nobody at Serdica, not even the Western delegates used the term homoousios. In fact, during this period of history, nobody used the term homoousios. "The Western Council of Serdica of 343 produced a document, written by Protogenes of Serdica and Ossius, which opted clearly for Una substantia meaning one hypostasis ." Ayres concludes: These events show that participants at Nicaea, “such as Ossius, Athanasius, and Marcellus” were “willing to turn to an alternative statement of faith, just as many of their eastern counterparts had done at Antioch two years before.” “This reflects …

10088-406: Was generally regarded as the leader of the Westerners." They re-examined the cases of Athanasius, Marcellus, and Asclepas and declared them innocent. In addition to this, they passed censure on the Eastern bishops, and several of them were deposed and excommunicated. Asclepas of Gaza was reinstated as bishop of the diocese of Gaza and Quintianus, who in the meantime had usurped the episcopal see,

10192-457: Was implemented in Serbian civil code (1844). Zakonopravilo is still used in the Russian , Bulgarian , and Serbian Orthodox Churches as the highest church code. 3. Zakonopravilo John Scholasticus John Scholasticus or Scholastikos ( Greek : Ἰωάννης Γ' ό Σχολαστικός; c. 503 – 31 August 577) was the 32nd patriarch of Constantinople from April 12, 565 until his death in 577. He

10296-435: Was obliged to give the woman a liter of gold. If the man was poor, he was obliged to give the woman half of his property. If the man was disabled, he was to be beaten and banished. For an engaged woman if the woman consented, the man was punished by getting his nose cut off. If the woman did not consent, the man was obliged to also give her a third of his property. In the case of poor women, Zakonopravilo protects them with

10400-471: Was preferred only by the Sabellians. “Ossius of Cordoba probably chaired the meeting; Eustathius of Antioch, Marcellus of Ancyra, and Alexander must all have been key players in the discussions.” “Marcellus of Ancyra … had been an important figure at the council and may have significantly influenced its wording.” “Athanasius was certainly present as a deacon accompanying Alexander of Alexandria. … But it

10504-406: Was represented by the priests Archidamus and Philoxenus, and the deacon Leo. Athanasius reported that bishops attended from Roman diocese of Hispania , Gaul , Britain , Italy, Africa , Egypt , Syria , Thrace and Pannonia . Constantius II was represented by Strategius Musonianus and Hesychius of Antioch . “The council was a disaster: the two sides, one from the west and the other from

10608-655: Was still underage, became bishop of Alexandria. However, more or less at the same time as Marcellus, Athanasius was found guilty of violence and “tyrannical behaviour” and exiled. Both Marcellus and Athanasius were bishops in the eastern part of the Empire, were deposed by the Eastern Church, and were exiled to Rome. What is less well known, is that both Athanasius and Marcellus taught one single hypostasis. “Athanasius and Marcellus could come together in Rome. The perception that these two trajectories held to very similar beliefs would help to shape widespread eastern antipathy to both in

10712-414: Was taken from Leviticus and Deuteronomy . Sava wanted to emphasize philanthropy , in particular that laws should be interpreted in a way that encourages philanthropy. Shelter and assistance for the most endangered (the poor) was defined as ethical and just, while glorifying the rich and powerful was unethical and unacceptable. The people and institutions that are most likely to be asked to provide care for

10816-415: Was taken from Saint John Chrysostom 's interpretation of Our Father and it states: "Because he didn't say My father but Our father.... Nobody should worry only about themselves, but also about their neighbours, and nobody should have more than the other: neither the rich from the poor, neither the lord from the servant, neither a prince from those over which he rules, neither a tsar from the soldier, neither

#419580