Saint Nicon the Monk in Crete

"There was a man sent from God." But when, by the mercy of the almighty God, the island of Crete was recovered by the Christians, Nicon himself, having been summoned from the East to cultivate it, was sent by God.

II. When therefore he had traveled through not a few regions of the eastern parts, and by his public preaching of penance had brought countless nations to the harbor of salvation through penitence and a change to a better life, he understood that he must sail for the island of Crete. For he was called thither by a certain divine impulse. For as soon as he had entered the island—which had recently been liberated from the yoke of the Hagarenes and restored to the Roman Empire by Nicephorus, yet was still full and replete with the foul traces of the detestable superstition of the Hagarenes, whose inhabitants, alas! having been led astray by long and constant association with the Saracens, had embraced their nefarious and profane orgies—he arrived there, and began to proclaim his solemn "Do penance." The islanders, astonished at this strange and unheard-of manner of preaching, and incensed in their minds, were vehemently moved against him: to such a degree, indeed, that they even pondered laying hands upon him. For that new and unusual thing had driven them to manifest rage, being preoccupied, of course, and given over, as we have said, to the superstitious ceremonies of the Saracens.

III. Seeing, therefore, the disposition of an untamed and intractable race, and sensing that so great a hardness could not be overcome unless by a certain prudent art, he set aside his former approach and instituted a "second navigation," as they say, and, after the manner of wise physicians, he attacked their cure both aptly and skillfully. For he had Paul as his guide and master in this matter. Therefore, letting go of that unusual manner of preaching—for his keen grace of foreseeing the future, which was already shining forth in him, warned him what would be of use—he drew some aside whom he knew to be more intelligent than the rest and better prepared to receive the good. He began to soothe their ferocity with gentle words at first, and to soften the hardness of their hearts; then, little by little, he began to stir their hearts, reproving the secret deeds of each one (as my Jesus once did to the Samaritan woman) and the shameful sins of their lives. It came to pass that, recognizing his excellent virtue, they immediately laid aside their anger and recalled the impulses of their minds, and the one whom they had previously treated with evil, they now began to venerate for their own great good. Embracing the right faith he set before them, they turned their mode of hatred into a store of benevolence and their own progress. For custom, as he says, paves the way to greater and more perfect things. Thus the wise fisherman, if not by a wealth of words, then by the power of truth, knew how to hunt for men’s souls, and to translate them to immortality by divine eloquence—not by human wisdom, but by the doctrine of the Holy Spirit. From that time, therefore, the Cretans held Nicon as an apostle sent from God, and filled the whole island with his fame. Everyone flocked to him, and as he had begun, so he obtained, that they clung to him in such a way that whatever commanded the force of law, he obtained.

IV. Wherefore, when he had returned with a secure mind to his accustomed preaching, he compelled all to baptism and to the discipline of the true faith. Then, with every error removed from the midst, with churches built throughout the whole island, with priests, deacons, and sextons appointed, with the remaining rites and ceremonies also aptly distributed, and with laws of living set down—in short, with everything which was in his mind organized in order, so that he might leave no one of the Cretans devoid of the good—he departed from Gortyna and, having progressed a three days’ journey, he halted at nightfall in a certain place where the ruins of a most ancient temple were visible, as could be conjectured from the rubble. In this place, when he had duly sung the nocturnal hymn and fixed his cross-bearing staff in the ground, he had committed himself to sleep, and he seemed to see a light like a lantern suspended in the air before the staff. But when, having shaken off sleep, he had risen, it was no longer a dream but a true vision that was presented to him. A certain divine lamp, not material, radiating from the cross, exhibited light until the dawn to him as he stood and prayed and gave thanks to God for such a great gift.

V. And when, by the will of God (as was manifest), he had again indulged in sleep, the form of an adorned woman appeared, who ordered the ruined temple to be restored, confirming that this was pleasing to the Lord of all. Upon his asking who she was who commanded such things by authority: "I am Photina," she said, "martyr and handmaid of Christ. And unless you fulfill what I wish in very deed, you shall not take a foot off the island." The saint, having awakened, was of an ambiguous mind because of the variety of the vision, such that he might believe it to be an empty phantom rather than an illustration of divine grace. Wherefore, disregarding what he had heard, he continued on the journey he had begun, when suddenly he felt his eyesight intercepted. At long last, by that sign, he recognized that this had been a command of divine providence: and when he decided to execute her orders, he immediately recovered his sight. But since there was no mattock at hand, nor shovel, nor any helper (O wonderful, Lord, and mysterious are your works!), on the following night a column of fire appeared there, shining through the darkness to the neighboring inhabitants of the place. Roused by this prodigy, they suddenly ran up, and when they had learned from Nicon what he had seen, they were ordered to contribute each his own labor, and by common consent they all obeyed the command. Thus, by his diligent care, vigilance, and alacrity, the work was completed, and the temple of the martyr was finished within the space of two years. In it, he later saw to the erection and proper consecration of an altar, and he ordered that priests be instituted in it, and that all things be carried out according to ecclesiastical rites at the same time. And when he had bidden farewell to all after these things, he boarded a ship, and having proceeded with a favorable course, he arrived on the fifth day at Epidaurus, which the inhabitants call Damala. Then he traveled through the whole of Greece preaching penance, and having performed many miracles, he gathered rich fruits from his preaching.

VI. ^A Basilius, surnamed Apocaucus, of the praetor

^A Tit. 60. When creditors ought to proceed against the heirs of the deceased. Tit. 61. That the remains of Christians should not be subjected to insults by creditors. Tit. 62. Concerning new works. Tit. 63. Concerning penalties. Tit. 64. Concerning the division of spoils. Tit. 65. Concerning violence, and the seizure of property, and fields, and concerning arsons and tombs. Tit. 66. Concerning those things which are confiscated to the fiscus, and concerning those who are sought, and those who are deported. Tit. 67. Concerning injuries. Tit. 68. Concerning the offenses of free men and slaves. Tit. 69. Concerning calumniators, and accusers, and informers, and concerning forgery, and concerning treasure. Tit. 70. Concerning thieves, and receivers, and temple-robbers, and kidnappers. Tit. 71. Concerning military penalties, from Rufus and the tactical laws. Tit. 72. Concerning the forming and dissolving of a partnership. Tit. 73. Concerning a pact, and agreement, and settlement, ^B and concerning those things which are given under the name of patronage.

TITLE ... Concerning the division of spoils.

TITLE ... Concerning soldiers who are sons-in-law, and enter the homes of their fathers-in-law, and bring their own stipends, and perform labors.

Differunt hæc quidem ab iis, quæ titulo LVI libri, cujus et alios hic titulos dedimus, leguntur.

and reproaches, although this clamor of his was vain, and was held for nothing more than the terrors of a phantom. He who was gentle replied with this voice: for he knew not how to contend or to bicker. "Begone," he said, "and return to yourself, you wretch. Bewail your sins, for soon you shall discern what is the fruit of arrogance, and what are the rewards of wickedness." Having said these things, and having poured them as it were into the ears of the dead, as the saying goes, he returned to the monastery; for the words had not penetrated the man's soul. Wherefore he did not cease, being senseless in his endeavor, from raving against the saint according to his custom, [and] tearing at him, filling the whole city ^A with reproaches and insults worthy of his insanity: nay, he even uttered threats, ignorant in his stupidity and folly that malice does not glory against virtue, nor does it profit the wicked against the elect of God, as it is written: "And the son of iniquity shall not set himself to hurt him." What then followed? It was so far from turning him away from his threats and curses, that in these, following the Lord's example, he triumphed as if they were praises. But the Lord caused judgment to be heard from heaven, and malice rendered its most just penalties. The words went for nothing to the wretched man, for he received the fruits worthy of his madness in a sad and miserable end to his life. Nor was the vengeance slow—such as often, with the divine goodness waiting for conversion, is wont to happen—but it oppressed him on the spot, suddenly, and when he least expected it, as I shall soon relate.

XI. On the following night, two old men appeared to the unhappy man in his sleep, and two others followed them, in form resembling eunuchs, yet of a dignity far surpassing that of humans. From these, he seemed to be beaten with scourges, and to be rebuked with these words: "How are you so advanced in audacity, that you did not doubt to despise and assail with abuse the servant of God?" [He saw] then, after the blows, that he was thrust into an obscure prison. And although he had prayed for mercy many times, [he saw that] the lashing barely came to an end, and yet they did not release him from custody. Having awakened, therefore, he immediately fell into a severe fever; and having summoned Nicon, he fell at his feet and implored mercy. To him the blessed one said: "The things you have perpetrated against me, brother, shall be forgiven you, as far as it lies with me. But because the end of your life has been fixed by divine decree, there will be no one hereafter, as the Prophet says, who can dissipate the counsel of God." And with these words, he returned to the monastery. Three days later, a miserable death took his life from him. From this, a huge fear and trembling fell upon the Lacedaemonians; nor was there found anyone, from the least to the greatest, who did not fly to Nicon and obey his commands. For the example had given assurance to all regarding those who hold the servants of Christ in mockery, because there is truly fruit for the just, and God judging them on the earth.

XII. To the praetor Gregory, who was wishing to hear about the affairs of the rebel Bardas Sclerus and his return from Babylon (for the praetor thought that he was not lacking in the grace of seeing hidden things), Nicon gave an account, [asserting] that Sclerus indeed ^B had hastened to be reconciled to the emperor, but that another had succeeded to his audacity and rebellion. Yet, that the tyranny would not profit him, nor would it be superior to the emperors. The outcome was therefore consistent with these predictions, and declared the one who had predicted them to be admirable. But as for the affairs of the praetor Gregory and the saint, it is in this way that they stand.

XIII. Evening praises were being performed at one time: it was the first day of the week, and with the gymnasium of the sphairistai open, a large crowd of youths stood inside the sacred building; and among others, the praetor Gregory himself, playing a part in the contest, for he was a lover of the game, and taken by such pastimes beyond measure. And because the confused voices of those shouting, both of the players and the spectators, were heard, and resounded so much that they distracted [the people] from the sacred hymns and did not allow them to fix their minds upon them, Nicon, pricked by zeal for God, quickly approached, and with a free voice—with the liberty that becomes just men—reprimanded the beastly barbarity of the men. But the praetor, a man otherwise of bitter spirit, and so intent upon the game that he took it ill to be bested by his peers, having acted with impotent rage against the saint, and having dared to tear at him with curses and lift his hands for vengeance, finally ordered him to be expelled from the city. And he was being led away with a cheerful and peaceful countenance, following the example of his Lord, and he bore the injury more lightly than others bear the greatest honors.

XIV. But the retribution was not late, nor did it come with leaden feet (as the poet said), but followed the offender more swiftly and with joined footsteps. For as soon as he lifted his hand to block the ball, it was suddenly struck with paralysis. Moreover, the man himself, suddenly loosened and enervated in all his limbs, was carried by the hands of others to the catholic church. There, tortured by the sharpest pains, counting death as a gain compared to them, he uttered lamentable groans. And although he was being treated with great diligence by physicians, and all remedies were below the level of the malady, so that every hope from their art was empty and vain, the bishop inquired into the cause, why a sudden disease had attacked him: for he himself was very skilled in the medical art. But he, even against his will, exposed what he had committed against Nicon, not concealing that this was the source and head of his evil. Having learned this, the bishop indeed rebuked the man's rashness not lightly. Then, with timely counsel, he was the author of [the suggestion] that he should lay aside his pride, and as a suppliant beg forgiveness of Nicon for the injury inflicted. For he knew where there was certain hope of a cure.

XV. He obeyed, and having cast away his pride and the superciliousness of his praetorian power, he summoned Nicon with many prayers through messengers. Nicon, indeed, having forgotten the injury received, arrived more quickly than had been said; for he had learned as much to suffer indignities as to pardon them voluntarily, or rather to compensate for them with good deeds and services. But as soon as the praetor saw him, he cast himself at his feet, and he who just now was…

and as it is apparent that he had introduced [him] into such a house, [having brought him in] with his own stipends, which it is agreed he brought into the house of the father-in-law, the latter describing whatever expenses he incurred for him—that is, for military armament, for his own maintenance, and for clothing, and simply, if he could demonstrate that he had given him anything from which he might buy something and incur expenses.

THE NOVELLÆ CONSTITUTIONES OF THE EMPEROR CONSTANTINE PORPHYROGENITUS

EDITOR'S NOTE. — Not unlike the Novellæ Constitutiones of Leo the Wise, the Novellæ Constitutiones of Constantine Porphyrogenitus deal almost entirely with ecclesiastical matters; for example, concerning the Patriarch, concerning bishops, concerning betrothals, concerning monasteries, concerning the poor, and similar subjects. For this same reason, we have published above the *Selection of Laws*, which clearly pertains to ecclesiastical civil law.

^A I. Concerning the alienation of lands, and the right of preemption of relatives, partners, those mixed together, and neighbors rightfully and closely united, and of those understood to be of the same status, of fields and small rural plots; and concerning the restraint of powerful persons, and the alienation of military lands.

The ancient law is (l. 14 C. de contrah. empt. et vend.) that no one should be hindered by relatives or partners from selling to whomsoever he wishes, allowing both relatives and partners to sell unhindered, and—let the right of preemption to the purchase of such immovable part, whether a field, a vineyard, or a dwelling, be granted to them. ^B Indeed, these are the relatives who are "mixed together" [αναμεμιγμένοι]. For those who say that "mixed together" exists because of kinship either speak out of lack of knowledge and ignorance, or, as it serves their purpose, feel no shame because of their deep rusticity. For who, having studied letters and knowing the meaning of our language, would so barbarously interpret the most wise legislator who issued the novella and the secretary of the Emperor, [suggesting] that he called the relatives "intertwined" or "mixed together" because of the mixing of blood? For every man has his own blood, and a relative is not said to have "mixed blood" with a relative; would that no Christian might ever agree to have his blood mixed with the blood of his relative! For those who do this are incestuous and are punished. But a strange man and a strange woman mix their bloods. These, then, are the matters of the first degree. The second degree of preemption is those relatives who are "intertwined" in this way; let us understand this via such an example. Those two first cousins whom we noted before wished voluntarily to sell a portion of that common inheritance while it remained undivided, for example the third of the

rigid and fierce in spirit, breathing only of wrath and insults, ^A became a suppliant, asking in a mournful voice for pardon for his error, and imploring his prayers as the sole remedy for his salvation. For vice is truly always a weak thing, whereas virtue is strong and stable. What, therefore, does the divine mind do at these things? Did he reproach the man for his madness and unbridled audacity? Or did he seem to despise the one praying and refuse him for so long? Not at all. For how could he who was a disciple and, more sharply, a most gentle and peaceful imitator of Him who was naturally disposed to doing good rather than punishing, act in such a way? Therefore, he not only granted him pardon, but also restored his health with his prayers, having laid his hand upon him. So that he immediately took food, safe and sound, and spoke freely and readily, a miracle that was hardly believable even to the eyes of those who were watching.

XVI. John Malacenus was accused by some wicked and malicious men through slander—a man who was a prince of easy distinction not only among the Lacedaemonians but in all of Hellas and the Peloponnese, by the brilliance of his noble lineage as well as the praise of his supreme wisdom—and he was accused before him who was holding the scepter of the empire at that time, namely Basil, the son of Romanus the Younger, the most fortunate of all kings, whose life was illustrious, whose reign was of the greatest extent, and whose victories and trophies over his enemies were most numerous, through whom also that prince of the Bulgarian nation [as histories record], the one called Samuel, who was impregnable in strength and vigor, was broken and subdued in Crete with an innumerable multitude of Bulgarians.

XVII. Therefore, two satraps were sent by the emperor, leading a legion of soldiers, in order to seize Malacenus by surprise and lead him bound to the queen of cities; for his rivals, concocting a crime of defection and treason against him, had filled the emperor’s ears with the slander of a false accusation. When, therefore, they reached Lacedaemon and seized the man for whose sake they had been sent, he immediately summoned the man of God, Nicon, whom he held in the highest honor on account of his remarkable deeds, and anxious with heavy grief, he said: "Pray, pray for me, wretched one, servant of God, that I may not perish miserably through the anger of the emperor." The saint, responding with gentle and honeyed words, told him to strengthen his spirit and to fear nothing too sad. Then, with a certain extraordinary power of charity, he reclined with him at the table, and profferred to the mourner the cup of joy—like that poetic vessel of Gyges—a forgetting of all evils, and added this oracle: "You shall rather obtain the emperor's benevolence, you shall live a life more blessed than the past, you shall ascend to higher grades of honors, and finally, you shall triumph over every trouble and calamity: and me," he said, "you shall see, and you shall return to your homeland at the end of your life." For Nicon had also been graced by the Father of lights (as it has been said above) to foresee the future just as the present. And indeed all things happened just as he had predicted.

XVIII. Malacenus, therefore, as if by a prophetic and divinely moved tongue, hearing these things and doubting nothing, was intensely exhilarated; and, having bid farewell to Nicon, he set out on his voyage with a secure mind. After he arrived before the emperor and the accusation concocted by his rivals was dispelled by the light of truth, but especially by the prayers of Nicon, he gained thereafter greater favor with the emperor, more ample honors, glory, and fame, so much so that he obtained a place for the prince in the senate.

XIX. Not long after this time had passed, while Malacenus was still in Constantinople, Nicon passed on to an immortal and blessed fate. When Malacenus received this news, and felt that that sweet hope, which he had not doubted would come to pass from his words—namely, that he would see his desired face—had been in a way snatched from him: ^B he began to be intensely distressed in spirit, and to seethe with various thoughts; moreover, to live a heavy life, unless he should see that which he had promised brought to completion.

XX. Therefore, being confirmed ^C in his faith (for he was not devoid of that knowledge by which the mysteries of God are accustomed to be known), what does he do? Where does he turn himself? He summons a painter, distinguished in skill and hand, and describes in words what the saint had been like in manner, clothing, and hair: then he orders his whole image to be expressed on a panel with the appropriate colors. Having returned home, the painter, thinking it worth the effort that he had been ordered to do—to follow it as accurately as he could—after various attempts, at last noticed that he was laboring in vain; for he could not, from narration alone, express to a true likeness one whom he had never seen, even though he was most expert and exercised in his art. While he was occupied with this care and grieving intensely that he could not form the features of his face, a certain monk suddenly stood before his eyes who had secretly penetrated into the house, tall in stature, in eremitic habit, clothed in a worn garment, his hair disheveled, dark in hair and beard, and in all things very similar to the blessed man: for he also carried a staff in his hand, the tip of which ended in a cross. After the monk greeted the painter kindly, he inquired about the cause of his sadness and anxiety. He indeed soon opened up both the cause and demonstrated the difficulty of the work. Then the monk said to him in a gentle voice: "Look at me, brother; he whom you are painting is in all ways similar to me." When the painter, therefore, fixed his eyes upon him more keenly and examined him thoroughly, he recognized that he was the very one whom Malacenus had described in words. Wherefore, having turned back to the panel to imitate the form he had seen—a thing to be wondered at!—he sees the figure of the thrice-blessed one already expressed on the panel of its own accord with his own lineaments; and, when he turned around, stunned by the miracle, to call out "Kyrie eleison" in terror to the saint, he did not see him anymore. For he had already flown away. Therefore, adding the remaining pigments of color to the divinely delineated form, he finished the perfect image, such as it is still visited today hanging in the sacred temple of the blessed, and completed in every respect; and, immediately hastening with it to the illustrious Malacenus, all things to him, as ^D

property to two or three outside partners, and made them partners in this property, and they held and possessed it just as the cousins did. But what is it "to be thus intertwined and mixed" like the cousins? If, then, a plot of land or vineyard of such a property or other immovable asset is being sold, ^B the relative who is thus mixed into the portion of that relative, that is, who is intertwined, has precedence. For this is what "thus mixed, that is, intertwined" signifies. And the cousin may purchase this alone, but not the outsider who is likewise mixed. Because the cousin has two rights, that of kinship and that of the mixture, while the outsider has only the right of the mixture. But if the cousin is called to the purchase and refuses before reliable witnesses, then in the second order the outsider who is merely mixed in this way is called instead of the one [the cousin] who was by mixture, and he has precedence over the other, who is of the third degree and is only mixed, but is not also a partner. For instance, again, by way of example: fields were being sold by someone, and vineyards, and olive groves, or even buildings. Two, therefore, having formed a partnership, bought the two-thirds of the estate, intertwined and mixed, undivided and in common, so that they might be partners as many traders form a partnership. But the other third part which remained was bought by another, undivided and ^C purely mixed and intertwined. When, therefore, one of the two partners sells his portion, the partner has precedence for the purchase, but not the other who is not a partner. For the partner has two rights, that of the mixture and that of the partnership; but the one who is not a partner has only the right of the mixture. And finally, when the partner refuses, then [the one] who is merely mixed is called, even if he is an outsider, that is, neither a relative nor a partner. But if even this person of the third degree refuses—the one who is merely mixed and is an outsider, and neither a relative nor a partner—then the one of the fourth degree is called. ^D And who again is this? Listen: the neighbor of the same fiscal status. For example, this is what this means: that sold estate which they bought—the partners, that is, and someone else, though all three are undivided and mixed—has a neighbor with boundaries adjacent to the boundaries of such an estate, and the fields, for example, or the vineyards are bordering, yet they pay taxes under one master, both that estate and this [neighboring land], for example under one archbishopric, or they are enclosed within one village, which village encloses within it many estates. If, therefore, that aforementioned estate or a part of it is being sold, the intertwined and mixed relative is first of all; but if he refuses, the mixed co-partner is second; and if he also does not wish [to buy], the third is the one who is merely mixed and an outsider, ^A even if he is neither a relative nor a partner. But if even this third person does not wish [to buy], then the fourth is called, [the one] who pays taxes under the same village and has adjacent places or buildings or vineyards to the one being sold, and is bordering. For this fourth person has precedence over the fifth, [the one] who is not of the same fiscal status but only has a union and connection in some part of the estate being sold, because he has two rights, both the adjacency and the same fiscal status, whereas the fifth [has] only the union; for his estate is either enclosed by another village or pays tax under another master. But what are "adjacency" and "union"? For "union" exists when the edges of two places are joined. "Adjacency" exists when the edges are not joined, but there is in between a small and slight thing dividing them from one another, such as a narrow lane or a local and rural side-path, but not a public road. For if a public and broad road is found, then the neighboring people here do not have precedence in that direction, as the public road separates them. We have learned that there are 5 degrees of precedence. That is to say, first those relatives joined by mixture ought to be called, then the partners who are thus intertwined, after whom [come] those who are only mixed, even if they be entirely strangers to the one withdrawing; then those adjacent and of the same fiscal status, and after that those who are simply joined in some part by contact. But because some dissent regarding the first degree, saying that "relatives by mixture" are those who are mixed into the kinship, being well aware of it, let them be refuted by many proofs and arguments. And first, by the word itself, because it does not simply say "mixed relatives," but "those who are mixed relatives," that is, those who are related by being mixed into the thing. And again, because since the law calls them relatives, it is redundant to speak of the mixture again; for this kinship is known and characterized in itself by the composition of the two parts of the word, namely the preposition *syn* and the noun of the lineage, as it proceeds according to the law up to the seventh degree. And that we may speak more clearly, let them be silent a little above regarding the ordinance on precedence, and reading and understanding the power of the word from there, let them draw [the meaning]; or if not, let them be taught by others who know what is fitting. For it says: "some from kinship, others from acquisition having a common house or vineyard or any other immovable asset," and so forth. And if kinship alone sufficed for precedence, as indeed some of the uninitiated imagine, the mention of the "common" [owner] would be useless and redundant. For this reason, from many things and from this, let them learn more securely that "mixed relatives" are those who have the thing mixed. And if these are closer than others, let them be preferred by all, as having received the prior order and closer degree from the law.