The Prophetic Faith of Our Fathers, vol. 1

APPENDIX C-Justinian’s Religious Legislation ¹

I. The Pope as Head of All Churches and Corrector of Heretics

1. JUSTINIAN’S IMPERIAL LETTER INSERTED IN CODE AS LAW

Justinian’s imperial letter to John 2 (533) asked ecclesiastical sanction for the imperial decision against the Nestorians; the pope’s reply, granting the confirmation and incorporating Justinian’s letter, was placed in the Code. The text of the imperial rescript follows: PFF1 931.1

“The Emperor Justinian, Victorious, Pious, Happy, Renowned, Triumphant, always Augustus, to John, Patriarch, and most Holy Archbishop of the fair City of Rome: PFF1 931.2

“With honor to the Apostolic See, and to Your Holiness, which is, and always has been remembered in Our prayers, both now and formerly, and honoring your happiness, as is proper in the case of one who is considered as a father, We hasten to bring to the knowledge of Your Holiness everything relating to the condition of the Church, as We have always had the greatest desire to preserve the unity of your Apostolic See, and the condition of the Holy Churches of God, as they exist at the present time, that they may remain without disturbance or opposition. Therefore, We have exerted Ourselves to unite all the priests of the East and subject them to the See of Your Holiness, and hence the questions which have at present arisen, although they are manifest and free from doubt, and, according to the doctrine of your Apostolic See, are constantly firmly observed and preached by all priests, We have still considered it necessary that they should be brought to the attention of Your Holiness. For we do not suffer anything which has reference to the state of the Church, even though what causes the difficulty may be clear and free from doubt, to be discussed without being brought to the notice of Your Holiness, because you are the head of all the Holy Churches, for We shall exert Ourselves in every way (as has already been stated), to increase the honor and authority of your See.... PFF1 931.3

“[Then follow five numerically listed points. The first refers to those denying the Sonship of Christ and the Holy Trinity, like Jews and apostates. The second states that all priests and abbots of the Holy Catholic and Apostolic Church acknowledge “Your Holiness,” and are solicitous for “the unity of the Holy Churches of God, which they receive from the Apostolic See of Your Holiness.” The remainder of number (2) is a rather full statement of faith.] PFF1 931.4

“(3) Moreover, we recognize four Sacred Councils, that is to say, the one composed of three hundred and eighteen Holy Fathers who assembled in the City of Nicea; and that of the hundred and fifty Holy Fathers who met in this imperial City; and that of the Holy Fathers who first congregated at Ephesus; and that of the Holy Fathers who met at Chalcedony, as your Apostolic See teaches and proclaims. Hence, all priests who follow the doctrine of your Apostolic See believe, confess, and preach these things.... [Between numbers (3) and (5) mention is made of Justinian’s emissaries, Bishops Hypatius and Demetrius, bearers of the imperial letter. The paragraph that follows completes the royal rescript.]” (5) Therefore We request your paternal affection, that you, by your letters, inform Us and the Most Holy Bishop of this Fair City, and your brother the Patriarch, who himself has written by the same messengers to Your Holiness, eager in all things to follow the Apostolic See of Your Blessedness, in order that you may make it clear to Us that Your Holiness acknowledges all the matters which have been set forth above, and condemns the perfidy of those who, in the manner of Jews, have dared to deny the true Faith. For in this way the love of all persons for you, and the authority of your See will increase, and the unity of the Holy Church will be preserved unimpaired, when all the most blessed bishops learn through you and from those who have been dispatched by you, the true doctrines of Your Holiness. Moreover, We beg Your Blessedness to pray for Us, and to obtain the beneficence of God in Our behalf.” ² PFF1 931.5

It is to be noted that the Patriarch of Constantinople is quoted as “eager in all things to follow the Apostolic See” of Rome, and that Pope John’s confirmatory response asserts, “This See is indeed the head of all churches, as the rules of the Fathers and the decrees of emperors assert, and the words of your most reverend piety testify.” This discloses the Roman bishop’s full understanding of imperial recognition of the primacy of the See of Rome. PFF1 932.1

2. PRIMACY CONFIRMED BY LETTER TO EPIPHANIUS

Justinian’s letter to Epiphanius, bishop of Constantinople (March 26, 533), confirmed the primacy of the Roman bishop and referred approvingly to his activities as the corrector of heretics. This letter to Epiphanius, also incorporated into the Code, begins thus: PFF1 932.2

“The same emperor [Justinian] to Epiphanius the most holy and blessed archbishop of this royal city and the ecumenical patriarch. Wishing to inform Your Holiness of all things which pertain to the state of the churches, We have considered it necessary to use these sacred letters to you and through them to make clear to you what things are being agitated, which things also We have been persuaded that you know. Since, therefore, We have found some aliens from the Holy Catholic and Apostolic Church, who have followed the error of the wicked Nestorius and Eutyches and used their blasphemies, we have published a sacred edict, which also Your Holiness knows, through which We have refuted the madness of the heretics, not at all through changing, or planning to change or through neglecting the ecclesiastical status which has obtained, with the help of God, up to now, which also your Blessedness knows, but through everything preserving the unity of the sacred churches with the most holy pope and patriarch of the older Rome, to whom We have written similar things regarding this. For neither do We permit that anything which pertains to the state of the church not be referred to His Blessedness, as being head of all the holy priests of God, and because, no matter how often heretics have sprung up in these villages and regions, they have been eliminated by the sentence and right judgment of that venerable see.” ³ PFF1 932.3

The Roman primacy was sustained and strengthened by Justinian’s later enactments. Novella 9 (collection 2, title 4), enacted in 535, begins with a reference to Rome as “the peak of the highest pontificate,” and. Novella 131 (collection 9, title 6), enacted in 545, includes a statement of the precedence of Rome. A translation of the opening lines of Novella 9 has already been included in the text. ⁴ but it may be well to insert here several chapters of Novella 131, of which chapter 2 asserts the primacy of the Roman pontiff. PFF1 932.4

“ONE HUNDRED AND THIRTY-FIRST NEW CONSTITUTION.

“The Emperor Justinian to Peter, Most Glorious Imperial Praetorian Prefect. PFF1 933.1

“PREFACE.

“We enact the present law with reference to ecclesiastical rules and privileges and other subjects in which holy churches and religious establishments are intrusted. PFF1 933.2

“CHAPTER I.-“CONCERNING FOUR HOLY COUNCILS.

“Therefore We order that the sacred, ecclesiastical rules which were adopted and ⁵ confirmed by the four Holy Councils, that is to say, that of the three hundred and eighteen bishops hem at Nicea, that of the one hundred and fifty bishops held at Constantinople, the first one of Ephesus, where Nestorius was condemned, and the one assembled at Chalcedon, where Eutyches and Nestorius were anathematized, shall be considered as laws. We accept the dogmas of these four Councils as sacred writings, and observe their rules as legally effective. PFF1 933.3

“CHAPTER II.-“CONCERNING THE PRECEDENCE OF PATRIARCHS.

“Hence, in accordance with the provisions of these Councils, We order that the Most Holy Pope of ancient Rome shall hold the first rank of all the Pontiffs, but the Most Blessed Archbishop of Constantinople, or New Rome, shall occupy the second place after the Holy Apostolic See of ancient Rome, which shall take precedence over all other sees.... PFF1 933.4

“CHAPTER VIII....

“If anyone should presume to conduct religious services in his own house, or in a suburb, or should permit others to do so without the presence of any members of the clergy who are subject to the authority of the most holy bishop of the diocese, We order that the said house, suburban place, or land, on which an offence of this kind was committed, shall be claimed by the most holy bishop, or his steward, or the civil magistrate, for the benefit of the church of that locality. PFF1 933.5

“Where, however, the owner of the building in which the religious services were conducted was ignorant of the fact, and his curators, lessees, or emphyteutas were responsible, he shall suffer neither loss nor prejudice; but those who conducted the services, or permitted this to be done, shall be expelled from the province where the offence was perpetrated, and their property shall be seized for the benefit of the most holy church of the neighborhood.... PFF1 933.6

“We order that no heretic shall acquire any immovable property from a church or any other religious establishment whatsoever, either by lease, em-phyteusis, purchase, or in any other way; and when a heretic is paid anything in a contract of this kind, he shall lose it, and the immovable property that he received shall be recovered by the religious establishment which transferred it; and the superintendent of said establishment shall be deprived of his office, confined in a monastery, and excluded from the holy communion for an entire year, by way of punishing him for having betrayed Christians to heretics. Where an orthodox person is in possession of property on which a church is situated, and alienates, bequeaths, leases it under emphyteusis or in any other way, or entrusts the management of the same to a Jew, a Samaritan, an Arian, or any other heretic, the said property shall be claimed by the church of the neighborhood, and where a heretic (and among heretics We include Nestorians, Acephali, and Eutychians) builds a house for the celebration of his worship, or a new Jewish synagogue, the most holy church of the diocese shall seize the building. PFF1 933.7

“If anyone should transfer land to a heretic under emphyteusis or any other form of lease, or entrust the management of the same to him in any other way, he being well aware that the person to whom he delivers it is a heretic, all the income collected therefrom under the contract shall be claimed for the benefit of the church of the city within whose territory the land in question is situated; but when the owner of the same is ignorant that he to whom he gave possession is a heretic, he shall not be deprived of it on account of his ignorance; but in either event the heretic must be driven from [his occupancy of] the land, and his property confiscated for the Treasury.” ⁶ PFF1 934.1