The Prophetic Faith of Our Fathers, vol. 1

IV. Justinian-Legalizer of Ecclesiastical Supremacy of Pope

Justinian I (527-565), greatest of all the rulers of the Eastern Roman Empire, was a barbarian by birth, but received an excellent education at Constantinople. In about 523 he married the famous actress Theodora. He guided the destinies of the Roman Empire for thirty-eight years, dying at eighty-three. Justinian was nicknamed “the Emperor who never sleeps,” because of his tremendous activities and excessive hours of toil. Believing that as a theologian he was superior to any of the prelates of the church of his time, he spent long hours poring over the ponderous tomes of the fathers. But he is perhaps best known to history as a legislator and codifier of law. No reign, however, was filled with more important and varied events and undertakings, which were recorded by Procopius, secretary to Belisarius and Byzantine historian. PFF1 504.2

The sixth century has well been called the age of Justinian -his reign, like a dividing line, marking the terminus of the ancient world. He is likened to a colossal Janus bestriding the way of passage between the ancient and the medieval worlds. His was an age of transition and innovation, influencing the whole future of Christendom. That it was the acknowledged beginning of a new epoch is recognized by many writers. PFF1 504.3

1. CONQUESTS LEAVE POPE IN UNDISPUTED HEADSHIP

Justinian’s first great burden was the full restoration of the glory of that former empire which the barbarians had divided, and the recovery of those rights over the West which his predecessors had maintained. This was largely realized through his conquests in Africa, Italy, and Spain. As a result, Justinian became the acknowledged and legitimate overlord of barbarian kings who had established themselves in Roman territory. ²⁷ He was armed not only with the heritage of past authority, as sole remaining emperor in the Roman world, but now with actual military supremacy by reconquest in the West. PFF1 505.1

His achievements profoundly affected the whole future of Europe, and his intervention altered the entire status of the bishop of Rome. His victories were gained over people who to a large extent adhered to the teachings of Arius. Being subjugated by the sword, they foreswore Arianism and became followers of the doctrine of Athanasius, thereby enhancing the power of the bishop of Rome as they came automatically under his authority. And they found it to their interest to yield to the ecclesiastical leadership of the Roman pontiff. So the misfortunes of the times, however calamitous to others, were in all respects favorable to the papal ambitions. PFF1 505.2

2. SCOPE OF JUSTINIAN’S FAMOUS “CIVIL CODE.”

Justinian’s second and far more important achievement was the codification of the vast and confused mass of Roman law. This was accomplished by 534, and resulted in the Code, or Codex, the Digest, or the Pandects, and the Institutes, which together formed the Corpus Juris Civilis (Body of Civil Law). And “no body of law reduced to writing has been more influential in the history of the world.” ²⁸ PFF1 505.3

Picture 2: EPOCHAL COMPILATION OF JUSTINIAN AND THE EMPEROR’S PORTRAIT
Title page of a famous Gothofredus edition of Justinian’s corpus Juris Civilis, containing his ode and (right) portrait in mosaic of the famous Byzantine emperor who recognized the ishop of Rome as “head of all the holy churches” this mosaic likeness of the emperor, made in 547 at Ravenna, on the walls of San rafello, still stands.
Page 506

The Code was a gathering of imperial constitutions from the time of Hadrian (d. 138) to Justinian’s day. Begun in 528, it received imperial confirmation on April 7, 529. But this first Code was imperfect. The second, or revised Code, was duly completed, and in December, 534, was given all the authority of law, to the absolute suppression of the first. The Novellae were new constitutions, new laws or amendments, put forth from time to time to meet the shortcomings of the Code. These were added throughout Justinian’s lifetime, and a few came from his successors. The Pandects or the Digest of the best rulings of the ancient jurists, completed and published with unlooked-for speed, was dated December 16, 533. The Institutes were a manual of civil law arranged for students of law, based on the commentary of Gaius, receiving final ratification in December, 533. Multiplied by the pens of scribes, these were transmitted to the magistrates of Europe, Asia, and Africa. By 554 they were generally recognized as law. ²⁹ Said Gibbon: PFF1 506.1

“The Code, the Pandects, and the Institutes were declared to be the legitimate system of civil jurisprudence; they alone were admitted in the tribunals, and they alone were taught in the academies of Rome, Constantinople, and Berytus.” ³⁰ PFF1 507.1

3. JUSTINIAN PROVIDES THE LEGAL BASIS

Justinian’s third great achievement was the regulation of ecclesiastical and theological matters, crowned by the imperial Decretal Letter seating the bishop of Rome in the church as the “Head of all the holy churches,” thus laying the legal foundation for papal ecclesiastical supremacy. PFF1 507.2

This last achievement of Justinian’s reign was brought about not entirely by his imperial will and his decrees, but by circumstances which seemed to lead naturally and logically to such a development. Justinian had established the seat of government for the western part of his empire at Ravenna, thereby leaving the “eternal city” largely to the jurisdiction of its bishop. Further, the silent extinction of the consulship, which dignity had been revered both by Romans and barbarians, which he accomplished in the thirteenth year of his reign, likewise had the same tendency-that of establishing the influence of the bishop of Rome. Thus the entire conduct, policy, and exploits of Justinian, who reigned in such an important era of history, focalized in one point so far as the church was concerned-namely, the advancement of the see of Rome. Hence his name properly belongs with Constantine, Theodosius, and Charlemagne as one of the greatest advancers of the papal church. PFF1 507.3

4. LEGALIZED ESTABLISHMENT OF THE PAPACY

In tracing the full legalized establishment of the Papacy to the acts and reign of Justinian, there is solid and abiding ground on which to stand. As stated, one of the first tasks that Justinian imposed upon himself, after ascending the throne in 527, was to reform the jurisprudence of the empire. With reference to this, Gibbon has said: PFF1 508.1

“The vain titles of the victories of Justinian are crumbled into dust; but the name of the legislator is inscribed on a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in the immortal works of the CODE, the PANDECTS, and the INSTITUTES; the public reason of the Romans has been silently or studiously transfused into the domestic institutions of Europe; and the laws of Justinian still command the respect or obedience of independent nations.” ³¹ PFF1 508.2

But the real significance of that achievement, as bearing upon our quest in tracing the emergence of papal supremacy, is further set forth by Gibbon: PFF1 508.3

“Justinian has been already seen in the various lights of a prince, a conqueror, and a lawgiver: the theologian still remains, and it affords an unfavourable prejudice that his theology should form a very prominent feature of his portrait. The sovereign sympathized with his subjects in their superstitious reverence for living and departed saints; his Code, and more especially his Novels [Novellae], confirm and enlarge the privileges of the clergy.” ³² PFF1 508.4

The full significance of this statement should not be lost. In Justinian’s Code are incorporated edicts of former emperors in favor of the Roman church, and in the celebrated Novellae, or new laws, the canons of the former general councils are turned into standing laws for the whole empire. ³³ PFF1 508.5

In so doing, Justinian improved the advantage afforded by his reconquest of Italy to achieve his design of a universal conformity in religious matters that would exclude heresy and schism, as well as strengthen his own authority over the Western kingdoms. His object was to secure a unity of the church which should embrace both East and West. He considered there was no surer way of reducing them all to one religion than by the advancement of the authority of ecclesiastical Rome, and by acknowledgment of the head of that church as the promoter of unity among them, whose business it should be to overawe the conscience of man with the anathemas of the church, and to enforce the execution of the heavy penalties of the law. From about 539, the sovereign pontiff and the patriarchs began to have a corps of officers to enforce their decrees, as civil penalties began to be inflicted by their own tribunals. ³⁴ PFF1 509.1

Justinian, of course, was well aware that such a profound change could not be achieved merely by co-operation without a certain amount of coercion. The spirit of religious liberty was quite foreign to the age. Therefore we find that Justinian re-enacted the intolerant laws formerly given, and accepted them into his code; for instance, the law of Constantine, Constantius, and Constans, which stated: PFF1 509.2

“Privileges granted in consideration of religion should only benefit those who observe the rules of the Catholic Faith. We do not wish heretics to absolutely be excluded from these privileges, but that they should merely be restrained, and compelled to accept employment for which the said privileges afford exemption.” ³⁵ PFF1 509.3

Then there is the more severe law of the year 396 given by the emperors Arcadius and Honorius, which stated: PFF1 509.4

“Let all heretics know positively that their places of assembly shall be taken from them, whether these are designated under the name of churches, or are called diaconates, or deaneries, or whether meetings of this kind are held in private houses; for all such private places or buildings shall be claimed by the Catholic Church.” ³⁶ PFF1 509.5

In proportion as Christianity had become consolidated on the ruins of paganism, the emperors not only protected the public exercise of Christian worship but also confirmed by edicts the laws of the church on faith, morals, and discipline. Thus the general Council of Nicaea had been confirmed by Constantine; the Council of Constantinople, by Theodosius I (the Great); the Council of Ephesus, by Theodosius II (the Younger); and the Council of Chalcedon, by Marcian. ³⁷ PFF1 510.1

Other edicts confirmed the primacy of the Holy See, and the sanctification of Sunday and the festivals, together with the canonical penalties decreed by the church against transgression of her laws, so that there was scarcely an important article of faith or discipline not confirmed by imperial decree. ³⁸ Temporal penalties had been imposed on heretics, the laws of Theodosius being especially heavy and numerous. And Justinian not only inserted these contributions into his Code, but promulgated others. In the same law in which he placed the canons of the first four general councils among the civil laws of the empire, he decreed that anyone holding unauthorized church services in a private house could lose his property and be expelled from the province, and further that no heretic should have the right to acquire land, upon pain of confiscation of his property, and without hope of restoration. ³⁹ PFF1 510.2