Nomocanon
Encyclopedia
Nomocanon is a collection of Ecclesiastical law, consisting of the elements from both the Civil law
and the Canon law
.
The first nomocanon, in the sixth century, is ascribed, though without certainty, to John Scholasticus
, whose canons it utilizes and completes. He had drawn up (about 550) a purely canonical compilation in 50 titles, and later composed an extract from the Justinian's Novellae
in 87 chapters that relate the ecclesiastical matters. To each of the 50 titles was added the texts of the imperial laws on the same subject, with 21 additional chapters, nearly all borrowed from John's 87 chapters. Thus the Nomocanon of John Scholasticus was made.
The second nomocanon dates from the reign of the Byzantine Emperor Heraclius (610–641), at which time Latin was replaced by Greek as the official language of the imperial laws. It was made by fusion of Collectio tripartita (collection of Justinian's imperial law) and Canonic syntagma (ecclesiastical canons). Afterwards, this collection would be known as Nomocanon in 14 titles.
This nomocanon was long held in esteem and passed into the Russian Church, but it was by degrees supplanted by Nomocanon of Photios in 883. Basically it was Nomocanon in 14 titles with the addition of 102 canons of Trullan Council (see Canon law), 17 canons of the Council of Constantinople
in 861 (against Ignatius
), and three canons substituted by Photios for those of the Council of Constantinople in 869. Nomocanon in 14 titles was completed with the more recent imperial laws.
This whole collection was commentated about 1170 by Theodore Balsamon
, Greek Patriarch of Antioch
residing at Constantinople. Nomocanon of Photios was supplemented by this commentary and became Pedalion ( - rudder), a sort of Corpus Juris of the Orthodox Church, printed in 1800 by Patriarch Neophytos VII.
Nomocanon of Photios retained in the law of the Greek Church and it was included in Syntagma, published by Rallis and Potlis (Athens, 1852–1859). Even though called Syntagma, the collection of ecclesiastical law of Matthew Blastares
in 1335) is the real nomocanon, in which the texts of the laws and the canons are arranged in alphabetical order.
or was the first Serbia
n constitution
and the highest code in the Serbian Orthodox Church
, finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law
, based on Roman Law
and Canon law
, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church
.
During the Nemanjić dynasty (1166-1371) Serbian medieval state was flourishing in the spheres of politics, religion and culture. As the state developed, also the industry developed, so the law had to regulate various number of relations. Therefore, with the development of economy, Roman Law
was taken. In that time Serbia was not a tsarish empire
, so its ruler could not create code of laws, which would regulate the relations in the state and church. Serbian rulers reigned with single legal acts and decrees. In order to overcome this problem and organize legal system, after acquiring religious independence, Saint Sava
finished his Zakonopravilo in 1219.
Zakonopravilo was accepted in Bulgaria
, Romania
and Russia
. It was printed in Moscow
in the 17th century. So, Roman-Byzantine law was transplanting among East Europe through Zakonopravilo. In Serbia, it was considered as the code of the divine law
and it was implemented into Dušan's code
(1349 and 1354). It was the only code among Serbs
in the time of the Ottoman reign.
During the Serbian Revolution
(1804) priest Mateja Nenadović
established Zakonopravilo as the code of the liberated Serbia. It was also implemented in Serbian civil code (1844). Zakonopravilo is still used in the Serbian Orthodox Church as the highest church code.
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
and the Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
.
Byzantine nomocanons
Collections of this kind were found only in Eastern law. The Greek Church has two principal nomocanonical collections.The first nomocanon, in the sixth century, is ascribed, though without certainty, to John Scholasticus
John Scholasticus
John Scholasticus was the 32nd patriarch of Constantinople from April 12, 565 until his death in 577. He is also regarded as a saint of the Eastern Orthodox Church....
, whose canons it utilizes and completes. He had drawn up (about 550) a purely canonical compilation in 50 titles, and later composed an extract from the Justinian's Novellae
Novellae Constitutiones
The Novellae Constitutiones , or Justinian's Novels, are one of the four major units of Roman law created by Roman Emperor Justinian I in the course of his long reign . The other three pieces are: the Code, the Digest, and the Institutes. Together, the four parts are known as the Corpus Juris...
in 87 chapters that relate the ecclesiastical matters. To each of the 50 titles was added the texts of the imperial laws on the same subject, with 21 additional chapters, nearly all borrowed from John's 87 chapters. Thus the Nomocanon of John Scholasticus was made.
The second nomocanon dates from the reign of the Byzantine Emperor Heraclius (610–641), at which time Latin was replaced by Greek as the official language of the imperial laws. It was made by fusion of Collectio tripartita (collection of Justinian's imperial law) and Canonic syntagma (ecclesiastical canons). Afterwards, this collection would be known as Nomocanon in 14 titles.
This nomocanon was long held in esteem and passed into the Russian Church, but it was by degrees supplanted by Nomocanon of Photios in 883. Basically it was Nomocanon in 14 titles with the addition of 102 canons of Trullan Council (see Canon law), 17 canons of the Council of Constantinople
Council of Constantinople
Council of Constantinople can refer to:*Council of Constantinople , a local council*First Council of Constantinople, the Second Ecumenical Council, in 381 or 383.*Synod of Constantinople , a local council which condemned Origen....
in 861 (against Ignatius
Ignatius
Ignatius is a male given name of presumed Latin or Etruscan origin, believed to mean "fiery one".It may refer to:-Given name:*Ignatius Kutu Acheampong , Ghanaian military ruler*Ignatius Bonomi , British architect...
), and three canons substituted by Photios for those of the Council of Constantinople in 869. Nomocanon in 14 titles was completed with the more recent imperial laws.
This whole collection was commentated about 1170 by Theodore Balsamon
Theodore Balsamon
Theodore Balsamon was a canonist of the Greek Orthodox Church and 12th century Orthodox Patriarch of Antioch.Born in the second half of the 12th century at Constantinople; died there, after 1195...
, Greek Patriarch of Antioch
Patriarch of Antioch
Patriarch of Antioch is a traditional title held by the Bishop of Antioch. As the traditional "overseer" of the first gentile Christian community, the position has been of prime importance in the church from its earliest period...
residing at Constantinople. Nomocanon of Photios was supplemented by this commentary and became Pedalion ( - rudder), a sort of Corpus Juris of the Orthodox Church, printed in 1800 by Patriarch Neophytos VII.
Nomocanon of Photios retained in the law of the Greek Church and it was included in Syntagma, published by Rallis and Potlis (Athens, 1852–1859). Even though called Syntagma, the collection of ecclesiastical law of Matthew Blastares
Matthew Blastares
Matthew Blastares was a 14th-century Byzantine Greek monk in Thessalonica and early scholarly opponent of reconciliation with Rome. He was also the writer of the Syntagma Canonum.-External links:*...
in 1335) is the real nomocanon, in which the texts of the laws and the canons are arranged in alphabetical order.
St. Sava's Nomocanon
The Nomocanon of Saint SavaSaint Sava
Saint Sava was a Serbian Prince and Orthodox monk, the first Archbishop of the autocephalous Serbian Church, the founder of Serbian law and literature, and a diplomat. Sava was born Rastko Nemanjić , the youngest son of Serbian Grand Župan Stefan Nemanja , and ruled the appanage of Hum briefly in...
or was the first Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and the highest code in the Serbian Orthodox Church
Serbian Orthodox Church
The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...
, finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, based on Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church
Serbian Orthodox Church
The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...
.
During the Nemanjić dynasty (1166-1371) Serbian medieval state was flourishing in the spheres of politics, religion and culture. As the state developed, also the industry developed, so the law had to regulate various number of relations. Therefore, with the development of economy, Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
was taken. In that time Serbia was not a tsarish empire
Serbian Empire
The Serbian Empire was a short-lived medieval empire in the Balkans that emerged from the Serbian Kingdom. Stephen Uroš IV Dušan was crowned Emperor of Serbs and Greeks on 16 April, 1346, a title signifying a successorship to the Eastern Roman Empire...
, so its ruler could not create code of laws, which would regulate the relations in the state and church. Serbian rulers reigned with single legal acts and decrees. In order to overcome this problem and organize legal system, after acquiring religious independence, Saint Sava
Saint Sava
Saint Sava was a Serbian Prince and Orthodox monk, the first Archbishop of the autocephalous Serbian Church, the founder of Serbian law and literature, and a diplomat. Sava was born Rastko Nemanjić , the youngest son of Serbian Grand Župan Stefan Nemanja , and ruled the appanage of Hum briefly in...
finished his Zakonopravilo in 1219.
Zakonopravilo was accepted in Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
. It was printed in Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
in the 17th century. So, Roman-Byzantine law was transplanting among East Europe through Zakonopravilo. In Serbia, it was considered as the code of the divine law
Divine law
Divine law is any law that in the opinion of believers, comes directly from the will of God . Like natural law it is independent of the will of man, who cannot change it. However it may be revealed or not, so it may change in human perception in time through new revelation...
and it was implemented into Dušan's code
Dušan's Code
Dušan's Code was enacted by Tsar Dušan in two state congresses: in May 21, 1349 in Skopje and amended in 1354 in Serres. It regulated all social spheres, so it can be considered a medieval Serbian constitution. The Code included 201 articles. The original manuscript is not preserved, but around...
(1349 and 1354). It was the only code among Serbs
Serbs
The Serbs are a South Slavic ethnic group of the Balkans and southern Central Europe. Serbs are located mainly in Serbia, Montenegro and Bosnia and Herzegovina, and form a sizable minority in Croatia, the Republic of Macedonia and Slovenia. Likewise, Serbs are an officially recognized minority in...
in the time of the Ottoman reign.
During the Serbian Revolution
Serbian revolution
Serbian revolution or Revolutionary Serbia refers to the national and social revolution of the Serbian people taking place between 1804 and 1835, during which this territory evolved from an Ottoman province into a constitutional monarchy and a modern nation-state...
(1804) priest Mateja Nenadović
Mateja Nenadovic
Prota Mateja Nenadović was a Serbian archpriest, writer, and a notable leader of the First Serbian Uprising. He is generally called Prota Mateja, since as a boy of sixteen he was made a priest, and a few years later became archpriest of Valjevo...
established Zakonopravilo as the code of the liberated Serbia. It was also implemented in Serbian civil code (1844). Zakonopravilo is still used in the Serbian Orthodox Church as the highest church code.
See also
- Dušan's CodeDušan's CodeDušan's Code was enacted by Tsar Dušan in two state congresses: in May 21, 1349 in Skopje and amended in 1354 in Serres. It regulated all social spheres, so it can be considered a medieval Serbian constitution. The Code included 201 articles. The original manuscript is not preserved, but around...
- Serbian EmpireSerbian EmpireThe Serbian Empire was a short-lived medieval empire in the Balkans that emerged from the Serbian Kingdom. Stephen Uroš IV Dušan was crowned Emperor of Serbs and Greeks on 16 April, 1346, a title signifying a successorship to the Eastern Roman Empire...
- Serbia in the Middle Ages
- Corpus Juris CivilisCorpus Juris CivilisThe Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...