A nomocanon ( gr, Νομοκανών, ; from the Greek 'law' and 'a rule') is a collection of
ecclesiastical law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, consisting of the elements from both the
civil law and the
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
. Nomocanons form part of the canon law of the
Eastern Catholic Churches
The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous (''sui iuris'') particular churches of th ...
(through the
Eastern Catholic canon law
The Eastern Catholic canon law is the law of the 23 Catholic ''sui juris'' (autonomous) particular churches of the Eastern Catholic tradition. Eastern Catholic canon law includes both the common tradition among all Eastern Catholic Churches, now ...
) and of the
Eastern Orthodox Church
The Eastern Orthodox Church, also called the Orthodox Church, is the second-largest Christian church, with approximately 220 million baptized members. It operates as a communion of autocephalous churches, each governed by its bishops via ...
.
Byzantine nomocanons
Nomocanon of John Scholasticus
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
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565.
His reign is marked by the ambitious but only partly realized ''renovat ...
's
Novellae In Roman law, a novel ( la, novella constitutio, "new decree"; gr, νεαρά, neara) is a new decree or edict, in other words a new law. The term was used from the fourth century AD onwards and was specifically used for laws issued after the publi ...
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.
Nomocanon in 14 titles
The second nomocanon dates from the reign of the Byzantine
Emperor Heraclius
Heraclius ( grc-gre, Ἡράκλειος, Hērákleios; c. 575 – 11 February 641), was Eastern Roman emperor from 610 to 641. His rise to power began in 608, when he and his father, Heraclius the Elder, the exarch of Africa, led a revolt ...
(610–641), at which time Latin was replaced by Greek as the official language of the imperial laws. It was made through the fusion of the ''Collectio tripartita'' (collection of Justinian's imperial law) and ''
Canonic syntagma'' (ecclesiastical canons). Afterwards, this collection would be known as ''Nomocanon in 14 titles''.
Nomocanon of Photios
The Nomocanon in 14 titles nomocanon was long held in esteem and passed into the
Russian Church, but it was by degrees supplanted by the Nomocanon of
Photios in 883.
It contained the Nomocanon in 14 titles, with the addition of 102 canons of
Trullan Council, 17 canons of the
Council of Constantinople of 861, and three canons substituted by Photios for those of the
Council of Constantinople of 869. The 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. The Nomocanon of Photios supplemented the ''
Pedalion'' ( gr, Πηδάλιον 'rudder'), a sort of
Corpus Juris
The legal term ''Corpus Juris'' means "body of law".
It was originally used by the Romans for several of their collections of all the laws in a certain field—see ''Corpus Juris Civilis''—and was later adopted by medieval jurists in assembling ...
of the Eastern Orthodox Church, printed in 1800 by
Patriarch Neophytos VII
Neophytus VII or Neophytos VII (Greek: Νεόφυτος Ζʹ; died after 1801) was Ecumenical Patriarch of Constantinople during the periods 1789–1794 and 1798–1801.
Biography
Neophytus was born in Smyrna. He studied in the Evangelical Schoo ...
.
The Nomocanon of Photios retained in the law of the Eastern Orthodox Church and it was included in the ''Syntagma'', published by Rallis and Potlis (Athens, 1852–1859).
St. Sava's Nomocanon
The Nomocanon of
Saint Sava, or in Serbian (), was the first
Serbian constitution and the highest code in the
Serbian Orthodox Church
The Serbian Orthodox Church ( sr-Cyrl, Српска православна црква, Srpska pravoslavna crkva) is one of the autocephalous (ecclesiastically independent) Eastern Orthodox Christian denomination, Christian churches.
The majori ...
; it was finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of
civil law, based on
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
and
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, based on
ecumenical councils
An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote ar ...
. Its basic purpose was to organize functioning of the young
Serbian kingdom and the
Serbian church.
During the
Nemanjić dynasty
The House of Nemanjić ( sr-Cyrl, Немањић, Немањићи; Nemanjić, Nemanjići, ) was the most prominent dynasty of Serbia in the Middle Ages. This princely, royal, and later imperial house produced twelve Serbian monarchs, who rul ...
(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
An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...
, 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 in 1219.
The was accepted in
Bulgaria
Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedon ...
,
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
and
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
. It was printed in
Moscow
Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 million ...
in the 17th century. So, Roman-Byzantine law was
transplanting
In agriculture and gardening, transplanting or replanting is the technique of moving a plant from one location to another. Most often this takes the form of starting a plant from seed in optimal conditions, such as in a greenhouse or protected Pl ...
among East Europe through the . In Serbia, it was considered as the code of the
divine law and it was implemented into
Dušan's Code ( sr, Dušanov zakonik).
During the
Serbian Revolution, in 1804 the priest
Mateja Nenadović Mateja ( sr, Матеја) is a given name, variant of the Greek given name ''Mathias'' ( Matthew). In Serbian, it's a masculine name, while in Croatian and Slovene, it's a feminine name.
Notable people with the name include:
Given name
* Mateja A ...
established the Nomocanon of
Saint Sava as the code of the liberated Serbia. It was also implemented in Serbian civil code in 1844. The is still used in the
Serbian Orthodox Church
The Serbian Orthodox Church ( sr-Cyrl, Српска православна црква, Srpska pravoslavna crkva) is one of the autocephalous (ecclesiastically independent) Eastern Orthodox Christian denomination, Christian churches.
The majori ...
as the highest church code.
East Syriac tradition
Nomocanons of the
Church of the East
The Church of the East ( syc, ܥܕܬܐ ܕܡܕܢܚܐ, ''ʿĒḏtā d-Maḏenḥā'') or the East Syriac Church, also called the Church of Seleucia-Ctesiphon, the Persian Church, the Assyrian Church, the Babylonian Church or the Nestorian C ...
by author are:
*
Ishoʿbokht Ishoʿbokht (late 7th or late 8th century) was a Persian legal scholar, Christian theologian and philosopher. He is known through his writings and a few references to them. His dates are not known precisely and little can be said of his life other t ...
(8th century), author of the ''Composition on the Laws'' (Persian)
*
Gabriel of Basra Gabriel of Baṣra (fl. 884–893) was a bishop and jurist of the Church of the East.
Little is known of Gabriel's life other than that he was metropolitan of Baṣra in 884 and 893.
Sometime in the last quarter of the ninth century, he compiled ...
(late 9th century), author of the ''Collection of Judgements'' (Syriac)
*
Eliya ibn ʿUbaid
Eliya ibn ʿUbaid (), also called Īlīyā al-Jawharī, was a theologian, philosopher, canonist and chronographer of the Church of the East. He served as the bishop of Jerusalem from 878 or 879 until 893 and then as the archbishop of Damascus. He ...
(early 10th century), author of the ''Nomocanon Arabicus'' (Arabic)
*
Ibn al-Ṭayyib
Abū al-Faraj ʿAbd Allāh ibn al-Ṭayyib (died 1043), known by the ''nisba'' al-ʿIrāqī and in medieval Latin as Abulpharagius Abdalla Benattibus, was a prolific writer, priest and polymath of the Church of the East. He practised medicine in ...
(11th century), author of the ''Law of Christianity'' (Arabic)
*
ʿAbdishoʿ bar Brikha
Abdisho bar Berika or Ebedjesu ( syc, ܥܒܕܝܫܘܥ ܕܨܘܒܐ) (died 1318), also known as Mar Odisho or St. Odisho in English, was a Syriac writer. He was born in Nusaybin.
Abdisho was first bishop of Shiggar (Sinjar) and the province of Bet 'Ar ...
(d. 1318), author of the ''Nomokanon'' (Syriac)
See also
*
Kormchaia
The ''Kórmchaia Book'', also known as the ''Books of the Pilot'' (russian: Ко́рмчая книга, from , cu, кръмьчии 'helmsman, ship's pilot'; ), ''Pidalion'' (russian: Пидалион from grc, Πηδάλιον, Πηδαλί ...
References
Sources
The entry of the Slavs into ChristendomThe Late Medieval Balkans: A Critical Survey from the Late Twelfth Century*
{{Catholic, wstitle=Nomocanon
Canon law of the Eastern Orthodox Church
Catholic Church legal terminology
Canon law of the Catholic Church
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