Part 63 (2/2)
94. The Byzantine State Church under Justinian
According to Justinians scheme of Church government, the Emperor was the head of the Church in the sense that he had the right and duty of regulating by his laws the minutest detail of wors.h.i.+p and discipline, and also of dictating the theological opinions to be held in the Church. This is shown, not merely in his conduct of the Fifth General Council, but also in his attempt, at the end of his life, to force Aphthartodocetism upon the Church. This position of the Emperor in relation to the Church is known as Csaropapism. (See Bury, _Later Roman Empire_, chap. XI.) The ecclesiastical legislation of Justinian should also be considered. At the same time Justinian strictly repressed the lingering heathenism and, in the interest of the schools at Constantinople, closed the schools at Athens, the last stronghold of paganism.
(_a_) Evagrius, _Hist. Ec._, IV, 39. (MSG, 86 II:2781.)
Aphthartodocetism of Justinian.
Among the many variations of Monophysitism flouris.h.i.+ng under Justinian was Aphthartodocetism, according to which the body of Christ, before as well as after his resurrection, was a glorified body, or incapable of suffering. See selection for description.
At that time Justinian, abandoning the right road of doctrine and following the path untrodden by the Apostles and Fathers, became entangled in thorns and briars; and he attempted to fill the Church also with these, but failed in his purpose, and thereby fulfilled the prediction of prophecy. Justinian, after he had anathematized Origen, Didymus, and Evagrius, issued what the Latins call an edict, after the deposition of Eustochius [A. D. 556], in which he termed the body of the Lord incorruptible and incapable of the natural and blameless pa.s.sions; affirming that the Lord ate before His pa.s.sion in the same manner as after His resurrection, His holy body having undergone no conversion or change from the time of its actual formation in the womb, not even in respect to the natural and voluntary pa.s.sions, nor yet after the resurrection. To this he proceeded to compel bishops in all parts to give their a.s.sent.
However, they all professed to look to Anastasius, the Bishop of Antioch, and thus avoided the first attack.
(_b_) Justinian, _Novella VI_ Preface.
Church and State according to Justinian.
Among the greatest gifts of G.o.d bestowed by the kindness of heaven are the priesthood and the imperial dignity. Of these the former serves things divine; the latter rules human affairs and cares for them. Both are derived from the one and the same source, and order human life. And, therefore, nothing is so much a care to the emperors as the dignity of the priesthood; so that they may always pray to G.o.d for them. For if one is in every respect blameless and filled with confidence toward G.o.d, and the other rightly and properly maintains in order the commonwealth intrusted to it, there is a certain excellent harmony which furnishes whatsoever is needful for the human race. We, therefore, have the greatest cares for the true doctrines of G.o.d and the dignity of the priesthood which, if they preserve it, we trust that by it great benefits will be bestowed by G.o.d, and we shall possess undisturbed those things which we have, and in addition acquire those things which we have not yet acquired. But all things are well and properly carried on, if only a proper beginning is laid, and one that is acceptable to G.o.d. But this we believe will be so if the observance of the sacred canons is cared for, which also the Apostles, who are rightly to be praised, and the venerated eye-witnesses and ministers of the word of G.o.d, delivered, and which the holy Fathers have also preserved and explained.
(_c_) Justinian, _Novella Cx.x.xVII_, 6.
The following section from the conclusion of a _novella_ ill.u.s.trates the manner in which Justinian legislated in matter of internal affairs for the Church and inst.i.tuted a control over the priesthood which was other than that of the Churchs own system of discipline.
We command that all bishops and presbyters shall offer the sacred oblation and the prayers in holy baptism not silently, but with a voice which may be heard by the faithful people, that thereby the minds of those listening may be moved to greater contrition and to the glory of G.o.d. For so, indeed, the holy Apostle teaches (I Cor. 14:16; Rom. 10:10). Therefore it is right that to our Lord Jesus Christ, to our G.o.d with the Father and the Holy Ghost, be offered prayer in the holy oblation and other prayers with the voice by the most holy bishops and the presbyters; for the holy priests should know that if they neglect any of those things they shall render an account at the terrible judgment of the great G.o.d and our Saviour Jesus Christ, and that we shall not quietly permit such things when we know of them and will not leave them unpunished. We command, therefore, that the governors of the epachies, if they see anything neglected of those things which have been decreed by us, first urge the metropolitans and other bishops to celebrate the aforesaid synods, and do whatsoever things we have ordered by this present law concerning synods, and, if they see them delaying, let them report to us, that from us may come a proper correction of those who put off holding synods. And the governors and the officials subject to them should know that if they do not observe these matters they will be liable to the extreme penalty [_i.e._, death]. But we confirm by this present law all things which have been decreed by us in various const.i.tutions concerning bishops, presbyters, and other clerics, and further concerning lodging-places for strangers, poor-houses, orphan asylums and others as many as are over the sacred buildings.
(_d_) Justinian, _Novella CXXIII_, 1.
Laws governing the ordination of bishops.
We decree that whenever it is necessary to ordain a bishop, the clergy and the leading citizens whose is the bishop who is to be ordained shall make, under peril of their souls, with the holy Gospels placed before them, certificates concerning three persons, testifying in the same certificates that they have not chosen them for any gifts or promises or for reasons of friends.h.i.+p, or any other cause, but because they know that they are of the true and Catholic faith and of honest life, and learned in science and that none of them has either wife or children, and know that they have neither concubine nor natural children, but that if any of them had a wife the same was one and first, neither a widow nor separated from her husband, nor prohibited by the laws and sacred canons; and know that they are not a curial or an official, or, in case they should be such, are not liable to any curial or official duty; and they know that they have in such case spent not less than fifteen years in a monastery. This also is to be contained in the certificate: that they know the person selected by them to be not less than thirty years of age; so that from the three persons for whom these certificates were made the best may be ordained by the choice and at the peril of him who ordains. But a curial or an official who, as has been said, has lived fifteen years in a monastery and is advanced to the episcopate is freed from his rank so that as freed from the curia he may retain a fourth part of his property, since the rest of his property, according to our law, is to be claimed by the curia and fisc. Also we give to those who make the certificate the privilege that if they deem a layman, with the exception of a curial or an official, worthy of the said election, they may choose such layman with the two other clergy or monks, but so, however, that the layman who has in this way been chosen to the episcopate shall not be ordained at once, but shall first be numbered among the clergy not less than three months, and so having learned the holy canons and the sacred ministry of the Church, he shall be ordained bishop; for he who ought to teach others ought not himself to be taught by others after his consecration. But if by chance there are not found in any place three persons eligible to such election, it is permitted those who make the certificates to make them for two or even for only one person, who shall each have the testimonials mentioned by us. But if those who ought to elect a bishop do not make this certificate within six months, then, at the peril of his soul, let him who ought to ordain ordain a bishop, provided, however, that all things which we have said be observed. But if any one is made bishop contrary to the aforesaid rules, we command that he be driven entirely from the episcopate; but as for him who dared to ordain him against these commands, let him be separated from the sacred ministry for a year and all his property, which at any time or in any way shall come into his possession, shall be seized on account of the crime he has committed against the rule of the Church of which he was a bishop.
Ch. 13. We do not permit clergy to be ordained unless they are educated, have the right faith, and an honorable life, and neither have, nor have had, a concubine or natural children, but who either live chastely or have a lawful wife and her one and only, neither a widow not separated from her husband, nor forbidden by laws and sacred canons.
Ch. 14. We do not permit presbyters to be made less than thirty years old, deacons and sub-deacons less than twenty-five, and lectors less than sixteen; nor a deaconess to be ordained(207) in the holy Church who is less than forty years old and who has been married a second time.
<script>