Emperor Alexios I Komnenos

Anno Domini MCXVIII.

Alexii Comneni Imperatoris Novellæ Constitutiones quæ ad res Ecclesiasticas Spectant

I. Imp. Alexii Comneni aurea bulla qua matri plenam imperii administrandi potestatem tribuit. (Anno 1081.) (Exstat in Alexiade Annæ Comnenæ [lib. II], quam infra dabimus ad an. 1130.)

^A II.

On sacred vessels and that they should never thereafter be converted to profane use.

Those who are poorly in body and need healing treatment, if they but perceive that they are suffering from an illness, are much more easily cured by physicians; but those who do not perceive the gravity of the malady from which they suffer, and indeed do not even know that they are ill, undoubtedly provide no small amount of trouble both for themselves and for their doctors. This same thing is certainly clear also in the illnesses of the soul; and among us who sin, some, having fallen into a depth of evils, are heedless, and, being overcome by the magnitude of our transgressions, do not even perceive that we are sinning, as that wicked habit often passes over into our very nature. But those upon whom God sheds ^B some saving light, and whose faculty of reasoning is not altogether confounded by the mire below, nor the mind forced to serve utterly under the brick-making [of this world], these are able to recover from their fall; and, having often been thrust out from the fellowship of God against the intent of their soul, they are able to return to Him, not without the diligent and spontaneous searching for better things.

This, without a doubt, has indeed happened to us as sovereigns. For the various and manifold circumstances of affairs, and the depletion of the public treasuries on every side, and the opening of outlets for expenditures on every side, have troubled the tranquility of our state; and at the same time as we ascended to the pinnacle of imperial majesty, those swarms of evils followed us from behind. From which it comes about that, ^C being at a loss, and [having] no... ^D

help that could otherwise provide some assistance to those who have fallen, we at length determined to touch even sacred and divine treasures and to relieve our own necessity with these. This deed was indeed perpetrated in many of the holy churches, and much of the offerings was turned to public needs, not out of insult and contempt for God, nor out of neglect of the things piously dedicated to Him (far be this from a soul entirely Christian), but due to the pressure of the times and by a judgment that grasped the matter only moderately. For the heart of my majesty was persuaded that God would in no way be angered by this, since a conscience not evil does not condemn one who acts [without malice]. ^B But when even that which remained in the imperial coffers was exhausted and consumed, and what had been taken from the holy churches had gone to no necessary purpose, and all our former plan—given the straits surrounding Romania—was turned to the contrary, and the horn of those rising up against us was exalted from many sides, and the vessel of the empire was already in danger of sinking underwater, if the all-powerful might of God, in the judgments it knows, did not take hold of it and calm the storm into a breeze: it seemed good to our majesty to inquire more carefully and to investigate what in the world it could be that had so stirred the wrath of God and sharpened His sharp anger against us. Furthermore, [the Emperor] consulted with men most inspired by the divine Spirit ^C regarding the matter; and when informed by them that there was no small cause for the divine indignation, in that we had touched the sacred and divine treasures of God with profane hands (even if this was done and executed not by an evil heart), because it is not permitted for divine things to be common, nor for what has been committed to the hands of God to be seized back from them and brought down and turned to other uses; he determined that it was necessary at once to restrain the impending onset of evil, so that it might find no passage among Christian emperors henceforth, and at the same time to heal what had happened before as much as strength allowed. ^D Therefore my majesty, confessing before God and men, and calling forth from the depths of the soul forgiveness for the sins it committed inadvertently, pledges and deposits in the hearing of God that all that has been removed from the holy churches by its empire unto this day and turned to the needs of the public shall again be restored by its state to the churches of God, after the passing of the worldly storm and the restoration of the empire to a better condition. For it acknowledges these items as a personal debt and does not deny that it is a debtor to the holy churches. And for the time to come hereafter, it imposes upon itself and upon all the Christian emperors after it, through this present golden bull, a law no less to be observed, that they shall no longer dare to touch sacred things, even if

^A a Cadmean necessity urges them, nor cast impure hands upon sacred objects, nor let divine vessels become profane while they are carried about for public uses. And since a barrier has been placed between God and men, which no pious person shall trespass, we men shall indeed use and enjoy our own affairs, but those things which have been consecrated to God shall remain undisturbed, and no audacious hand shall touch them. And if anyone, O Lord and God, from this time forward shall dare to lay hands upon the sacred and divine treasures, utensils, and vessels which have been dedicated or shall hereafter be dedicated to thy holy and venerable churches, may he not see the light on the day of thy visitation, may the morning sun not rise upon him, may he attain neither thy help here nor thy divine favor there, but may he be everywhere looked down upon by thee and lie forsaken. Only be merciful now, O King, to thine inheritance; stay that just wrath of thine which has been kindled against us, and spare us who, having sinned before, now at length turn back to thee, since all our sins, when compared with the abyss of thy mercy and weighed as if by a plumb line, appear as a mere cup of water when compared with the magnitude of the whole sea. Thus, therefore, I confess before thee, O Lord, the multitude of my sins, and thus I implore thy most saving help, from the inmost depths of my soul, desisting from henceforth from handling sacred things—even if extreme necessity compels me—and I ^B freely profess myself a debtor for those things which were previously taken away.

For this reason, I have also set forth the present golden bull as a secure protection for all thy churches, ^C that whoever from this time forward shall dare to lay a hand upon any of the sacred treasures may be reckoned as an impious sacrilegist before thee and all pious people; given in the month of August of the fifth indiction, in the year 6590, at which time our pious and God-established sovereignty was marked.

III. Imp. Alexii Comneni constitutio de metropoli Lacedæmoniæ. (Non exstat.)

IV. Imp. Alexii Comneni Novella de metropoli Attalensi. (Non exstat.)

V.

Golden Bull decree of Alexios Komnenos concerning the canon, customs given in the name of ordination, the blessing of marriages, the aerikon, and all things pertaining to the soul, issued in the month of September, indiction 9.

Religiosus pro tempore cujusque regionis episcopus, canonici sui nomine ab hominibus sui loci

^A shall receive those things which are specifically included in the sanction of the Golden Bull of my uncle of happy memory, and that once a year: namely, from a village having thirty hearths, one gold coin of the superior currency of my majesty, two silver coins, one ram, six modii of barley, six measures of wine, six measures of flour, and thirty hens. From him, however, who has twenty hearths; two-thirds of a gold coin, and for the two silver coins, ten silver coins; half a lamb, four modii of barley, four measures of wine, four modii of flour, and twenty hens. Finally, from a village having ten hearths, five silver coins, one lamb, 2 modii of barley, 2 measures of wine, 2 modii of flour, 10 hens.

In the ordinations of priests also, the old sanction will obtain its vigor, just as ^B the same Golden Bull recounts, and the bishop of each region will likewise receive only gold coins. One, when he makes a simple reader; three, when he ordains the same a deacon; and another three, when he makes him a priest. Furthermore, according to the sanction of the Emperor Monomachus, of happy memory, my majesty has decreed that when any subjects of the territory of any region's bishops are joined to legitimate wives by the rite of marriage, the bishop shall receive from the bridegroom, indeed, one gold coin; from the bride, however, a linen cloth of twelve cubits, just as it was sanctioned from of old.

Likewise concerning the aerikon, if a fault should arise from two priests or cleric-colonists; that they be corrected and punished by their archbishop, or bishop, according to the sacred canon; or be fined money, or even be punished. But if one of the parties is a layman, that they be judged by both, as much by the pontiff as by the regional quaestor. And if indeed the fault is found to have arisen from the priest, that he be sent from the quaestor to the pontiff, and be canonically corrected and punished by him. But if the fault arises from a layman, that he be corrected and punished by the quaestor of each region. All things, indeed, certainly, which pertain to the soul ^C and marriages themselves, ought to be judged as well as executed by the archbishops and bishops.

VI. Golden Bull of Emperor Alexios Komnenos, granted to the Great Church, concerning various chapters, and that bishoprics decorated with the dignity of archbishopric or metropolis shall remain intact.

Whoever, however, bishoprics have long since been raised to the sublimity of metropolises, or if bishoprics ^D have reached the dignity of archbishoprics, that they should remain in this dignity, this we sanction. Since the venerable Golden Bull of your most sacred majesty, granted to the Great Church, among other chapters, also includes this concerning the proposed question word for word.

^A They have been elevated to the dignity of an archbishopric or metropolis, they will remain in that same dignity and rank, and no one shall reduce them to an inferior place; they must possess this right, so that they cannot be changed, just as has been established and they have obtained—unless perhaps such a boon has been granted by some emperor as a temporary favor, limited to specific persons.

VII.

New Constitutions of Emperor Alexius Comnenus concerning bishops promoted to a higher throne.

You ought to know, however, that in the month of May, in the tenth indiction, in the year of the world 6595, a note was made by the ever-memorable emperor, my lord Alexius Comnenus, setting forth that since the metropolis of Basileus and the metropolis of Madyta were bereft of their own prelates and an election was about to take place, the metropolitans of Heraclea and Ancyra stood up and said that such churches, even if they had been honored with the dignity of a metropolis, ought not to be provided for by an election by the party of the Great Church of Constantinople, but by them, because the church of Madyta was a bishopric belonging to Heraclea, and the church of Basileus was a bishopric subject to Ancyra. And since those metropolitans made use of the twelfth canon of the council at Chalcedon, which decrees that the rights pertaining from of old to the true metropolis be preserved in the honored church, an imperial judgment was made in the presence of the synod then deliberating with him, that it was permitted to the emperor to grant the throne of presidency to the churches and to raise bishoprics or archbishoprics into metropolises, and to prescribe the matters concerning their votes and other arrangements according to his own will, not being hindered in this by the canon which decrees that the rights pertaining from of old to the true metropolis be preserved in the honored bishopric. And read that note, which explains how one ought to understand the preservation of the rights of the old metropolis and the non-division of the one eparchy into two. For because it is long, we have not inscribed it here in its entirety; but the same note, after the judgment containing that the honored churches ought to be elected according to imperial command by the throne of Constantinople, and that the former metropolitans have no share in them, explicitly encompasses these things as well.

^A They were saying that they should attain a more perfect honor, and they wanted a curb to be placed upon these unreasonable impulses, and they were offering a canonical request. My Majesty, not wishing for the privilege granted to it by the divine canons to be held in neglect, and not wishing that the approaches of the archbishops for the sake of soliciting honor, being neither canonical nor lawful, should receive the effect of an appeal, has determined that a bishopric shall not be elevated to a higher throne—that is to say, an archbishopric or a metropolis—unless the emperor for the time being, of his own accord, moved by no unseemly human favor, should wish to bestow upon it the status to which it has been raised, led by respect either for the honor of the city, or for faith toward the holy church, or for the virtue of the one presiding over it, and thus becomes self-motivated to bestow the honor. ^B And indeed, upon him who, on account of human affection and in an unpraiseworthy manner, bestows a status exceeding the order, the fear of the divine canons is brought to bear. In order that the emperor may not frequently fall into these, he also permits this to the most holy patriarch for the time being: that he shall not otherwise insert into the records a decree brought by anyone for the sake of the precedence of any church whatsoever, nor enroll its presiding officer among the archbishops or metropolitans, unless the patriarch, having reported this to the imperial authority and set forth the matter of the divine canons, learns that the emperor, in accordance with what is permitted of his own accord, has bestowed the honor upon the church for a reasonable cause. For then he will accept this, and will enroll the one who has received the superior honor from the emperor among ^C the assembly of archbishops subject to him.

VIII. Golden Bull of Emperor Alexios Komnenos, by which the possession of Mesolimniou is granted to the master Leo Cephalas.

IX. Golden Bull of Emperor Alexios Komnenos, by which the island of Patmos is granted to the monk Christodulos, for the founding of a monastery there (10).

To all who offer their requests reasonably, it is both just and pleasing to God to lend an ear, and [God] himself ^D encompasses these things with explicit words: those which the church, adorned with greater honor, possesses. The imperial decree was promulgated with the synod present and with a joint vote deciding that it is permitted to the emperor to bestow the throne of precedence upon churches, and to raise bishoprics as much as archbishoprics into metropolises; and as for whatever pertains to the elections to be made in these, and other matters to be rightly constituted, to dispose of them according to his own will without any impediment of that canon which decrees that the rights of a metropolis, which has already long ago possessed a bishopric increased in honor, must be kept intact. Indeed, when I read the signed document declaring how it ought to be understood that the rights of the old metropolis remain intact, and that one province is not split into two—for we have not inserted it here in its entirety because it is long—that same signed document, after it explained that bishops must be chosen by imperial command from the throne of Constantinople for the churches that have attained greater dignity, and that the original metropolitans ought to have no part in them, explicitly encompasses these things as well.

^A And if they are possessed of virtues, and are altogether consecrated to God for their whole life, it is much more divine and worthy of a greater word. For to support these men and to extend a hand of assistance in matters where they might have need, is, according to the great and divine Apostle, a direct cooperation with God, and a preservation of this virtuous manner of life and conduct. For this reason, my empire deems it just to incline more compassionately toward all others as well, and to channel forth abundant springs of mercy, but especially toward those whose life is carried on in solitude, separated from the rotation and confusion of the secular world.

Hence, to the most pious monk and hesychast Christodoulos, who formerly spent his life according to God on Mount Latros and passed through the ascetic course, being a fervent lover of stillness and setting it as his continuous work to converse with God in His ordinances in solitude, our serenity has kindly lent an ear, as he proposed a petition thoroughly pleasing to God and reasonable, and we have readily fulfilled his request. For since this God-beloved man, because of his love of stillness and desire for the eremitic life, sought to find a dwelling place suitable to his own manner of life, and judged the island of Patmos—otherwise rugged and barren, but fertile and most suitable for the bringing forth of spiritual fruits, if one should wish to sow therein the God-beloved seeds of virtues, being, so to speak, a workshop of virtue (for it seems to have been early a participant of a certain privilege, because the son of thunder, especially beloved by Christ, dwelt there; and it is situated such that, on account of its distance from the mainland, it is frequented by very few)—approached my empire, begging most passionately that I become a helper in the fulfillment of his own desire, and requesting that whatever he had acquired in the island of Kos from any source be separated from him to the public treasury, and that he instead receive the aforementioned entire island as an inalienable gift, and that the public taxes imposed upon it, whatever and of whatever kind they may be, be cut off, and that such an island be granted to him free and released from all secretarial scrutiny, so that he might build a monastery there, gather his own disciples to the same, and thus converse with God without distraction, and offer more fervent prayers on behalf of our state.

^B Wherefore, our God-fearing majesty, having heard his petition, decrees by this present pious chrysobull document that, according to the request of the most pious elder, whatever he had acquired in the island of Kos from any source be reassigned to the public treasury. Furthermore, we grant him the aforementioned island with all its territory and possession, not for a time nor temporarily, but in inalienable and perpetual lordship and dominion, and for as long as the present age shall endure; commanding that all its public taxes and burdens, whatever and how many they may be, be cut off and liquidated, with the entry of the audit being made in the secretarial charts by cinnabar by the hand of the proto-proedros.

^A Of Constantine and concerning the petitions of Choirosphaktes, a man of my own imperial household. Because my majesty dedicates to God this island as a singular offering and a most great sacrifice through the intermediary of the monk who has brought forward this petition, it shall be, from this day forth and for all subsequent and continuous time, separated from imperial claims and released from the snares of the secretariats, and dedicated solely to God and to the monks in it. They alone shall dwell within it, not permitting any of the laity to become residents there by way of sojourning, perhaps pursuing trade or any other manner of life. For only those hired as laborers for the monks may live on the island in secular dress, and these must be celibate, neither living with wives nor having children. For my empire shuts off every path of diabolical trickery to Satan; and for this reason, it is ordained that the island be entirely inaccessible to smooth and harmful persons—to women, and children, and eunuchs—from whom, for the most part, wars are stirred up against the soul, just as this most pious man requested of my majesty. Excepted, however, are the hired laborers, as has been said, as many as the monks need for the service of the island, these too being required to live a celibate life and in other respects being close to the monastic way of life, even if they differ only in their habit. The often-mentioned most pious man, therefore, shall hold this island, together with the monks under him, both those now present and those to be in the future, and along with them the holy monastery to be built by him on the island of Patmos, without tax, without claim, rightfully and authoritatively, inalienably and forever. ^B And just as God may grant cooperation to him, he shall arrange these matters according to that same purpose, and even if he should, by his own diligence, transform it from a desolate and rugged place into one that is very fertile and profitable, he shall consider the revenues therefrom as his own personal profit, together with the monks under him, being held to account or examined by no one at all. However, the gift of my majesty enduring on such an island shall be sufficient for him, and he shall not acquire anything whatsoever outside its boundaries in any other island. Indeed, whatever possessions he holds up to now on the island of Kos shall be adjudged to the treasury to be taken away from the monastery there, with the exception of the islands of Lipso and Leros, which he has held in his dominion up to this day. ^C Accordingly, he shall remain in control of these by the force and tenor of the golden bull previously issued by us, with no other foundation acquired in any other island, as we have said. That religious man and the council of monks subject to him, both present and future, shall govern these alone and the island of Patmos, yet in such a way that the monastery to be built on the island may dominate them ceaselessly, inviolably, and without reproach, since it is worthy to exercise a firm and absolute dominion. This dominion, subject to no one, shall embrace the whole island for all time, using the customs and laws according to the intention of the founder, the most religious monk Christodoulos. Furthermore, this island, as we have declared above, shall never be subject to persons whether imperial, metropolitan, episcopal, ecclesiastical, or any private individuals whatsoever. It shall never be possible for an exile to be banished there. What more? They shall enjoy for all time the liberty and jurisdiction of this golden bull which our piety has dictated. Add to this that the entire said island and the monastery with the monks, together with the aforementioned small island, shall be exempt from all military or civil authority of the Romans, Russians, Varangians, Kulpingoi, English, Franks, Nemitzoi, Bulgarians, Saracens, Alans, Abasgoi, and Albanians, ^D

^A and those who shall be after them, and furthermore also the monastery to be built upon the island of Patmos, as it has been said, shall be the lord and master of these things, unseparably and without exception, as it surpasses every secretarial chicanery, or rather every glosso-pain, and it ought to hold the lordship over them unshaken and irrefutable for all time; and it, being self-governing and independent, shall remain forever with the whole island, being led and directed by itself according to the typikon and the ordinance to be established hereafter in it by the aforementioned pious monk and founder, Christodoulos; and neither it, nor the things under it, as has been said from above, nor the island itself shall be subjected to royal, or metropolitan, or episcopal, or ecclesiastical, or any private persons whatsoever; nor shall any exile ever be sent among them, but they shall be free and clear for all time, and shall be wealthy through this pious chrysobull document in their independence and freedom. Nevertheless, the entire said island, and the monastery itself with all things under it, and also the aforementioned islet with all within it, shall be exempt from the tax-gathering of military and thematic officers, of Roman arrangements and those of the gentiles; ^B further, from the Russians, Varangians, Kulpingoi, English, Franks, Nemitzoi, Bulgarians, Saracens, Alans, Abasgoi, and the rest of all Romans and gentiles; from tax-gatherers, from Frankish officials, from apo-officials, from insatiable or semi-insatiable judges, generals, exactors, and from those who are responsible for the needs of the insatiable collection; from the exactions of individuals; from the giving of baskets or counter-baskets; from the grain-tariffs of the forts; from the purchase of mules, semi-mules, sturdy mules, semi-strong mules, horses, pack-horses, kylonions, donkey-kylonions, female donkeys, brood-mares, working oxen and cattle, pigs, sheep, goats, cows, buffaloes, hares, deer, hunting dogs or shepherd dogs, and the rest of quadruped animals, geese, ducks, partridges, peacocks, cranes, swans, pheasants, wild or tame birds, pigeons, and the rest of the winged creatures, and the eggs of all these; from the provision of produce obtained through purchase; from liability to superior or other agents and administrators of buildings; from revenues of air, smoke, air-taxes, station-service; from the joint-purchase of fort-construction, road-paving, bridges, paroikoi, legal dues, Frankish-taxes, Frankish-dues; from the giving of iron, or nails, or heavy metal; from the discharge of needs provided to judges or agents or other lords, dukes, captains, generals, exactors and the rest of the envoys of nations passing through, or even to any army; from the giving of pilgrims; from the discharge of fodder; from the sustenance of those going forth, vestiarii, messengers of the dromos, whether they are bringing envoys or exiles or are passing through for any other necessity, or royal men sent for any service of the public; from the loaning of grain, wine, meat, cheese and other kinds of everything; from the equipping of marines, archers, horse-archers, matzoukata, kountarata and other soldiers; from the purchase of yokes, wheat, barley, oats, legumes of all kinds, oil, millet, flax and its seed, hemp and other seeds; from the provision of wax or honey; ^C from the cutting and lowering of any kind of wood, or the transport of another type; from the building of... fields, war-fences, yards and other things; from the sawing of planks; from the provision of a ditch and insatiable exactions for one going to war or returning; from the seating and reception of those officials in high position, domestics of the schools, dukes, captains, soldiers, judges and the inspectors acting as representatives for them, tax-officers, rectifiers, scribes, equalizers, administrators of justice, synod-members, deputies, taxiarchs, turmarchs, merarchs, chartularies of the dromos and of the themes, counts, domestics of the themes, droungary-counts and guards, and every other person handling the service of the public; and from the rest...

of all molestation and injury, both that which now exists and that which might be thought of hereafter, as time and circumstances might require it to happen. ^A Therefore, we enjoin and secure everyone, both from the current general secretariats and the military logothetes who are under the charge of our skene and our vestiary, the oikonomos of the holy houses, those in charge of the private affairs and the inspectors of the royal domains, the curators, the elderly-care (gerotrophia), the orphan-care (orphanotrophia), those in charge of our divine treasury, the curators of the house, those who are free, and those in charge of the settlements, and the accountants under them, the chartularies, the imperial notaries, and the notaries, that no one of all these, at any time or in any manner, shall have authorization to set aside, either in part or in whole, this present chrysobull of my empire, which was made in the month of April of the eleventh indiction in the year 6596, in which year our pious and God-appointed power also placed its signature.

Alexius, in Christ God, faithful king and autocrat of the Romans, the Comnenus.

X. Novella concerning the possessions of the monastery of Laura. Inc.

XI. Imperial chrysobull of Alexius Comnenus granted to the Venetians (21).

XII. Imperial constitution of Alexius Comnenus concerning those who are appointed to the Oriental Churches.

Argument from the writings of Balsamon. — In the month of November of the second indiction (22), an edict of the laudable emperor, Lord Alexius Comnenus, was issued, which decreed ^B that those who were elected to the Oriental Churches should once again have their abbacies, and *adelphata* (23), and *offikia* (24).

My majesty has understood, most holy lord and universal patriarch, that when elections are held in the churches of God, some of those who are elected, exercising the office of abbots in monasteries and of *oikonomoi*, or performing other certain ministries, and being simply monks, while others possessing in the Great Church of God and in other churches the means for their living, both from *offikia* and from other certain duties, find it difficult to assume upon themselves the yoke of the priesthood and to undertake the administration of the churches to which they have been called, fearing lest, on the one hand, the necessary things might fail them when such churches are situated in the parts of the Orient and are entirely destitute and impossible for them to enter; and meanwhile, on the other hand, because they undertake the administration of these, they lose whatever abbacies, administrations, and other offices ^C they possessed—or even those things which are commonly called *adelphata*, or *offikia*, or other certain ministries.

^A My Majesty, therefore, arranging their affairs through a certain moderate dispensation, determines that no one among them should for this reason refuse to undergo the yoke of the priesthood. For all these men, in the time to come, shall again enjoy the abbacies, administrations, other services, functions, offices, and *adelphata* which they possess; and when they undertake the profession of teaching and receive that order which leads men to perfection, they shall also retain in their own power the revenues derived from these, until they obtain some relief and exchange their present misfortune for the prosperity of the churches decreed to them—which, as has been said, cannot be approached by them for the reason that they are presently held by the most hostile of enemies. ^B However, these things which have been determined here by my Majesty shall not apply to the offices of those holding the first positions, nor to the ranks of priests and deacons, and the rest of the clergy of the Great Church of God. Therefore, insert this present brief into the registers of the archives of the Great Church of God.

XIII. Rescript of the Emperor Alexius Comnenus to Patriarch Nicholas (25).

XIV. Golden Bull of the Emperor Alexius Comnenus granted to the Pisans (A.D. 1112).

XV. Novella Constitution of the Emperor Alexius Comnenus concerning the right of the patriarch over monasteries. (A.D. 1082 or 1097 or 1112.)

The observation and correction of faults of the soul indubitably belong to the most holy patriarch of each time, as much in free monasteries as in those that are leased, donated, or granted for the sake of inspection or administration. For he has the right to enter and examine faults of the soul, both in secular monasteries and in those of the fisc, and to speak once for all, in everything which is under his jurisdiction, whether they be patriarchate or imperial or under his own right. And indeed, into his own monasteries, which former patriarchs did not lease out for profit, he shall enter without hindrance when he wishes—either by himself or at his urging by whomever he from among the clergy chooses and judges worthy to investigate these things. ^D As for free and self-governing monasteries, whenever someone approaches

^A his all-holy lordship and patriarch with a fault occurring in a monastery, or even if he hears of it otherwise from the rumor of some or even one person, then he shall enter, as has been said, and shall investigate these spiritual faults, even if the one who spoke does not wish to undergo the struggle of proof. For a Christian man has a duty, when he hears of something happening that is contrary to the law, to tell this to the common spiritual father and high priest; perhaps he does not wish to undergo this struggle; and for spiritual faults to be left unobserved and uncorrected for such a reason is something entirely absurd, with no imperial or patriarchal document in existence prohibiting this. However, monasteries ought to be kept unviolated, so that no new custom is introduced, by the investigations of those who are sent, with no expense provided from them; for then, too, the correction of spiritual faults will easily come to pass with God. But in the case of monasteries given by way of grant or for oversight or administration or [those which are] entirely free, he shall not only investigate other spiritual faults, but also whether [their assets] have been destroyed or are being destroyed, whether in part or in whole, by those who received them. And if he finds that any diminution is occurring in them, he shall force those who hold them to restore these, just as they received them and according to the resources of the monastery; yet this applies to those [monasteries] which are in need in relation to the condition in which they were received. Those things, however, which have been improved and increased, being in good order, shall not be diminished, but shall remain as they are. But those who hold properties given out under temporary oversight or other administration and have ravaged them, if they do not wish to restore them to the state in which they received them, they shall be deprived of them, nor shall they be helped by the documents they have, with a fitting time limit given to them; in the meantime, however, while the time limit which must be observed is pending, they shall be anxious in their actions concerning their restoration in full, as has been indicated; for then the time limit also will be observed. ^B Abandonments [of monasteries], since they are given and received against the canons, shall altogether cease from now on. And whoever is found receiving or giving [such a payment], if indeed he is a hegumen, he shall be expelled from the hegemony; but if he is a charistikarios, he shall be expelled from the monastery. But the offerings that are made voluntarily according to the wish of those who offer them when they come for the tonsure shall be accepted and recorded in the monastery’s register, with notice given concerning the offerings even to the all-holy patriarch, even if those who hold monasteries possess documents concerning receiving payments for abandonment and offerings and profiting from them; for this ought to cease from now on and be done as has been said above. But even the offerings [already] existing ought not to be alienated under the pretext of documents. Furthermore, however, not only the care of the souls of the monks, but also of the laity themselves, rests upon the all-holy patriarch; and when he sees any of the laity thirsting for his own salvation, how is it fitting that the patriarch be hindered from placing him in a monastery ^C for the salvation of the soul of him who approaches? Without any

impediment, the most holy patriarch may place him, even more so than the charisticarii [beneficiaries], even if they have documents. Except if my most holy master commands that he receive the use of the portion of the brethren, some layman, or even a monk from another monastery which pertains to him—so that he does not give a layman or monk a prebend of an extraneous monastery, lest the monastery be burdened by the *adelphaton*. For if it be burdened, the *esomonitae* who are within will certainly be lacking, and instead of a wage, there will be judgment. But if any of the laity who is completely destitute and poor approaches my most holy master, or [one] from the prelates who have lost their thrones and are in need, and he wishes to decree that he receive sustenance from some of the wealthier monasteries, he will do this correctly, provided the number of those who are assigned does not exceed the resources of the monastery. For the monks who are within ought to be preferred to all others in obtaining the things that are necessary for them. ^{A B}

XVI. A Novella Law of the Emperor, our Lord Alexios Komnenos,

(The year 1107. — In John Bapt. Cotelier, *Monumenta Ecclesiæ Græcæ*, vol. II, p. 178.)

Most holy master and divine and sacred synod: even if I am more foolish than all, nevertheless regarding the matter of the Church, do not regard me as a fool. For the danger to the Church, which is now being despised, has touched my heart. For behold, ^C the souls of the orthodox are in danger, especially the simpler ones; since the priestly college is the head of the orthodox, and when it is in a healthy state, the whole body and all its members are led as is fitting; but when it is sick, the whole body also tends toward complete destruction. Behold, therefore, Christianity is in danger, as the ecclesiastical order moves toward the worse every day, and God is provoked to anger; and the all-wicked and evil-hating demon, who always envies the good, rejoices.

The cause of such an absurdity is nothing other than long-standing sloth and negligence, which, having begun long ago, has proceeded up to the present time. This has brought it about that such an evil is now looked upon as a law; and it is perpetrated, not as an evil, but as a good and salutary thing, even though it is entirely destructive: destructive, not to bodies and not with respect to pecuniary loss, but [with respect to] the soul, and ending in the perdition of Christians. What apology therefore shall we make on the day of judgment? ^D

*Cotelier’s notes.* (26-27) Theodore Balsamon on the Trullan canon: Note therefore from the present canon that teaching the people was granted only to the bishops; and the teachers of the Great Church teach by the authority of the patriarch. This is also shown from the novella of the late Emperor, our Lord Alexios Komnenos, which describes how and who ought to be ordained in the churches, and which has set down, etc.

^A What excuse, therefore, shall we offer in the day of judgment to the Creator and Maker, God—we, both emperors and chief priests—if, having taken Christian men under our governance, we deliver them to Satan for the sake of desires that are altogether human, having a temporary, or rather, not even a temporary, but a most brief-lasting relief, not only for those who make the choices and the ordinations, but also for those who are appointed by them, not just to the high priesthood, but to any other rank of the priesthood?

We shall certainly be without any defense, unless we are all bestirred and make correction of the evil, and restore the good that has been neglected—a good which, beyond comparison, surpasses all other goods, inasmuch as it reconciles us to God, that good which is already being obscured by long neglect and negligence. For by the grace of God we are all Christians, emperors, chief priests, the entire priestly company, and the laity; still held fast and joined together in the faith through those blessed chief priests and teachers, and the rest of the God-bearing Fathers, and also through your holiness, and some from the current priestly assembly who excel the others in doctrine and virtue.

^B Hence, therefore, we ought, as Christians by the grace of God, to institute an inquiry into the good. For what stands in the way? But if this is not done, and the matter is not brought back to a right state, it is altogether expedient even for us that a millstone should be hung about the neck of each, and that we should be cast into the sea. 1 And it would be fitting for us to say: "It were good if we had not been born." 2 And this will be worthy of lamentation, a lamentation not to be filled with fountains of tears, but with streams of blood, seeing that we do not lament for this reason alone; just as those who are traveling by ship and are tempest-tossed in the midst of the sea, having no rudder, and being otherwise unable to escape the imminent danger, look miserably to God alone, and implore from Him their salvation.

^C If we acknowledge this in this manner, God, the lover of mankind, will surely show the way to the correction of the evil to the chief priests and to all who perhaps have hitherto been ignorant of what is excellent; so that the good, which through negligence was some time ago obscured, may be renewed now without any delay, so that God may be satisfied, and ecclesiastical and Christian discipline may be recalled to rectitude according to the traditions of the divine and supreme apostles, and of the holy and divinely-inspired Fathers who came after them—the discipline which our long sloth has corrupted.

^D And it should not seem wonderful if this good and salutary work, which the disciples of the Lord themselves handed down to the Church of the faithful, and after them the rest of the holy Fathers, has been corrupted by time. For we being corruptible men, and occupied day by day with material things, are hurried headlong toward them. For these sensible things, and the affections for them, disturb

the thoughts of men, and it is rarely found that anyone is always occupied with divine things, seeking those alone, and daily searching and cleansing the inner man. And for this reason, this most beautiful and divine work, which provides piety to the souls of men from God, has been utterly despised and receives a diminution every day, so that it has nearly come to universal destruction and is accounted as nothing.

^A Scilicet, the search for orthodox preaching has perished, for there no longer exists a desire to grasp it; but we all walk almost as if in darkness. We are all endangered together—those of us who are numbered among the pontiffs, the monks, and the laity—and we are cast down into an obscure and vast chaos. Yet the exhortation of the true Christ and our God to His Father concerning the apostles—and not only concerning the apostles, but also concerning all who have believed in Him through their word—is rendered void. For by what reason could the souls of men believe in Him through the word of the apostles, remaining untaught and uninitiated in the mystery of piety? For just like that talent hidden in the Gospels, the ^B orthodox doctrine is now almost hidden; and being hidden, it is not sought. But this thing, which is incomparably greater than all others, is considered by almost everyone to be of secondary importance.

For if anyone loses some trivial or mean thing that he possesses, he makes a great search and investigation, and calls upon friends for help so that he may recover what was lost, and when he finds it, he rejoices. But this greatest of things—namely, the mystery of piety—which the true Christ and our God Himself handed down to His disciples, saying to them: *Go, teach all nations*, et cetera; why, having lost it, do we not seek it out with supreme diligence and a fervent heart? For we shall be deprived of Christ our God Himself if we despise the mystery of piety; if we do not all seek it together with the greatest care, with tears poured forth from a grieving heart, and entreating God that He may again appear to the ^C eyes of our mind. For as soon as we will it, this shall come to pass. He is so kind and merciful, and so thirsts for our salvation, that He is not far from us, but near us. Indeed, He is present, and He seeks us, as He Himself said: *The kingdom of heaven is within you*, provided that we also will it.

How, then, shall the correction of the ecclesiastical state be brought about? The ordinary clergy of the Great Church are fixed in number, and these receive a salary. But the remainder, though they are enrolled and serve the Church, receive nothing, but are nourished by the hope of advancement alone. And although all bear witness ^D

^A that they are worthy of any priesthood, yet in deed and in truth some, both of the enrolled and of the redundant, perhaps are not such; but while they may have a virtuous life, as is incumbent upon all Christians to keep the commandments of God, and even more so for those in holy orders, yet the teaching of doctrine is absent in many. And I know not if this is not also to be found in some of the clergy.

They therefore who are endowed with a praiseworthy life, and also possess the skill of teaching, whether enrolled or redundant, since both fulfill the ecclesiastical ministry, let them be advanced to the episcopate and to offices and dignities, without impediment, as will be mentioned. But as for the rest, let them strive with great care both to regulate their life for the better and to acquire the teaching of doctrine; and let each of them make progress in the ecclesiastical order when he has rendered himself worthy in both respects. For even if one has been testified as worthy of every priesthood, and for this reason has been consecrated to the Church, yet if he has been testified falsely, blame will attach to him; and such testimony will not aid him who lacks the teaching of doctrine, along with an irreproachable life, to be promoted to higher grades. For neither will the testimony of him who testified to the teaching power in one who is destitute of it assist the one who lacks it, nor will the testimony satisfy the one who has received it for assuming the rank of teacher.

^C What then will the holy and sacred synod ordain regarding these? Shall it expel those to whom testimony was not well given, each from the rank he obtained? But this causes grief to the souls of those who have already been consecrated to the most holy Church of God. Let the holy and sacred synod, therefore, and before all, your holiness, my most holy lord and common Father and teacher of the world, accept the readiness of those who are already consecrated, and the will they have to serve the holy Church with their whole soul; and let that which is lacking in them be supplied through your holiness, demonstrating an overflowing zeal. And let this zeal be such, as your holiness is well disposed, desiring the good more than all else.

^D Before all else, let there be a common registry of them all: both of those who are already perfected, and are worthy in both respects—that is to say, both in doctrine and in life—and of those who perhaps are lacking in one or the other. And let such a registry not be made simply and rashly, but with a maximum of scrutiny, a scrutiny preceding the investigation of the teaching of the Word and the good moral character in each. And him who exhibits both good morals and learned speech, let your holiness mark as more excellent than the others. For in this way, even he who is not yet perfect will be encouraged by the emulation of him who is already marked and preferred to the rest.

Since we have already said above that the readiness of those who are not of this sort ought to be accepted, because they desire with a ready mind to remain in the service of the

servitio; let them be admonished that henceforth they take care for doctrine and virtue. ^A For thus, having received knowledge of the future benefit through your kind discourse and exhortation, they will devote all their zeal both to learning accurately the divine teachings, and to setting their own life in a better state, and to rendering themselves worthy of every priestly office, and thus demonstrating the testimony that has been borne in their favor by their own works.

And let not this exhortatory discourse and instruction happen but once, but let it happen often; and let each one be asked by your holiness what fruit he has reaped after the exhortations. And whoever brings forth fruit more flourishing than the others, let him be considered acceptable to your holiness, let him be approved, and let him be judged worthy of greater honor than the rest, because he has obeyed the Lord's command. For the Lord himself said: *Ask, and it shall be given to you; seek, and you shall find; knock, and it shall be opened to you. For everyone who asks receives, and he who seeks finds, and to him who knocks it shall be opened.* ^B And such a one, since he sought, found; he asked, and received; he knocked, and it was opened to him. Therefore, your holiness ought to deem the one who has received such honor from God through his own diligence worthy of the appropriate honor, and make him better known to my majesty, so that it too may show him the appropriate respect, as far as is possible. And such a one will become known to the whole Church, for the benefit not only of himself, but of many others as well. For good is communicated, such as deed and word, without which no one shall see the Lord.

But if anyone—which does not seem to be the case with those under my empire—has become so slothful that not even after instruction, nor after time, does he bring forth any good fruit, let him remain himself at fault. ^C And let him be exhorted again after a certain time, and if he should still persist in his sloth, he shall fall away entirely from the priestly register. But my sovereignty does not speak this concerning those who have reached the extreme of old age and whose senses are already failing. For the time warrants them indulgence, so far as not to fall from their own rank due to an imperfect mastery of the doctrinal discourse. Nevertheless, even they will become better if they are capable of acquiring knowledge; meanwhile, they shall not be expelled from their own ranks. But those who are able and do not apply diligence will cast themselves out after the appropriate time if they remain uncorrected. ^D And from then on let them blame themselves, and not my sovereignty, nor your holiness, nor the holy and sacred synod. For let a convenient time be extended to them, and they shall have no pretext if they should wish to become better.

And these things, then, concern the present fullness of the Church. But the introduction of those from outside into the clergy, from...

now on, let it cease until the clergy is reduced to the fixed number. There are, however, other offices that have some ecclesiastical service; and if your holiness commands, let those who are presented by some be placed into them. And if they wish to be ordained, let them strive to acquire experience in all divine teachings, as the sacred canons decree, and to attend to a life that is virtuous and blameless. And when someone among these, with God’s help, becomes worthy of any priesthood, then let him be testified to, and let him be introduced into the clergy of the Church, and be deemed worthy of advancement according to order. ^B But although my Majesty previously gave instructions that the introduction of those from outside into the clergy should cease, until it is reduced to the fixed number, yet if some man, known and witnessed to be approved for his learning and virtue, wishes to be ordained, or if someone is zealous for the good, and is concerned with both of the aforementioned—learning and a virtuous life—it does not forbid such men from being admitted and consecrated to the holy Church of God. What, then, does your holiness think about vacant ordinary clerical positions, and about the promotion of those who are redundant into their places? For there is, perhaps, someone who is, for example, last in rank, but worthy of any priesthood by reason of his speech and life: some ordinary person has ceased to be in the priestly catalogue; who will be placed in his stead? Will he who is not yet worthy of any priesthood, but holds the first rank, or he who is last in rank, but worthy in speech and deed, be appointed to the place of the ordinary who has departed? He who is aided by rank is deprived of the stipend which the rank warrants him, and he will be grieved. How, then, shall we provide for the grieflessness ^C of these, and at the same time not despise the worthy man? For both are necessary: that he who has labored should not be defrauded of his stipend, and that he who is worthy should not be overlooked; for that which is good is dishonored, and the less honorable things become more honorable, and thence that which is good is despised. Therefore, let advancement to the stipend occur according to each one’s rank. But those who are praiseworthy ^D in word and deed, let them be introduced to the ministry of teaching.

Cotelerius’s Note

^A And let the fitting provision be assigned to the teachers. For the laborer is worthy of his hire, as it is written. But a laborer who does not receive his proper hire seems to be treated unjustly, and appearing to be treated unjustly, he may perhaps, as a man, be moved in his thinking, and from this he becomes more sluggish in his knowledge. And being hindered, how will he perform the teaching with diligence? And if he does not perform the teaching with diligence, how will he impart the benefit that comes from it to the people? And subsequently, the teaching of right dogma and good character remains uncommunicated to the souls of men. And the evil that arises from this, you, the chief priests, know better. ^B My empire also decrees for the teachers, as for those who undertake the struggle on behalf of all, a provision, that is, for each of them, three pounds and fifty modii of grain, for their more abundant relief, so that they may well impart to the people the orthodox dogma and the good way of life. And as many of such teachers as, having a virtuous life, clearly, and the power of the teaching word, are eager to become priests, let them become so. And let them have honor in entrances and in the seats; being ordinary [teachers], according to their own ranks; but as redundant ones, immediately after the ordinary ones, clearly preferred over the other redundant ones, as representing the great high priest. ^C For we hear that he who fills his place always has the greatest honor; and no one will be able to contradict this. Let them also look over the neighboring regions, not only teaching the people and suggesting to all what is good, but also restraining those who are found to have a criticized life, sometimes through advice, as having the power of the word, sometimes by their report to the most holy patriarch, and his report to my empire, or to those who [hold] the ^D [officials who] [index: entries preserved]

^A exercise the administrations in the great city, when, clearly, the matter requires both the hand and the power of the civil authority. They must also, by visiting the people, have entirely familiar spiritual fathers of theirs, lest, in place of shepherds, some be found who are wolves, receiving [only] the notions of men. For these same teachers, as being held worthy of the faith, will provide benefit not only to the laity but also to the monks. For among these, too, some things stand in need of correction.

But let no one among such worthy teachers be reluctant to receive the priestly rank, and thus impart to the people the word of teaching according to the admonition of the great high priest, but rather let him be eager for this, as being something that is done according to the order of ecclesiastical discipline. For even if, out of human regard, the priesthood now seems to involve some submission, nevertheless, the truth is not so; but he who follows a completely irrational custom judges honor an indignity. For who among those who think rightly does not recognize the higher rank of the sacred order? That, just as the high priest is greater than the priest, so also the priest [is greater] than the deacon. Even if someone be a protodeacon, he is the first of the deacons, but lower than the last of the priests; for the priest sits together with the high priest, while the deacon stands by and ministers. Therefore, let the worthy deacon approach the presbyterate with a prompt spirit.

^B My empire grants to such teachers who have been ordained priests a greater annual allowance, specifically of gold coins each. But those who still decline to receive the high dignity of the priesthood, and are deacons, let them accept the ministry of teaching, provided, that is, they are capable in word and virtue. These shall receive the aforementioned compensation for their labor, retaining their proper ranks and places in the stations and in the entrances. But those who are to be co-opted as teachers must be promoted by selection, so that they may possess sound discourse of doctrine and an irreprehensible life. For when the worthy is passed over and the unworthy is promoted, this brings about, first, condemnation for him who preferred the unworthy and despised the worthy, and [second], an intolerable ^C injury to the soul for those over whom the unworthy teacher is placed. For my empire, as was stated above, designates and appoints as a teacher the worthy one—that is to say, the one who is superior to the others, and not one who is not such.

But in order that we may abound in worthy men, if any person among the laity or among the monks is found possessed of the teaching word and an irreprehensible life, so that nothing is wanting to him for the priesthood, let him be called and promoted, when, in truth, he is more worthy than those of the Church. Yet, as for the monk, nothing will change regarding either his seat, or his station, or his entrance. But perhaps someone ^D might say...

concerning those already enrolled in the clergy, but not yet perfected in word and deed, why does the Church even now tolerate them in violation of the divine canons? But let him consider that what has been done for a long time, and has thereby prevailed as a custom, even if it is unreasonable—as being contrary to the divine canons—will admit of correction through an excellent dispensation, which brings relief to all. ^A Therefore, this economy will not appear discordant with what is fitting. For we do not accept what is unreasonable, nor do we encourage this to happen; rather, my Majesty desires that what is not done well should be permitted to be corrected. For I wish, if not in other good things, at least in this most necessary matter, as it concerns piety, to be a counselor and fellow worker with you for the fulfillment of the good.

Furthermore, let the entire book of the Nomocanon ^B be read before the holy and sacred synod; and of the divine canons that are presently overlooked, those which look toward piety and provide us with some confirmation of the right dogma shall be renewed in every way and observed; the others that have been set aside shall be submitted to my Majesty, so that, having consulted in common with your holiness about these matters, I may dispose of what is necessary. Besides other things, the canon renewed regarding the monks wandering in the streets and at the crossroads must also be maintained.

These things my Majesty has not written rashly and in vain, nor merely that they might remain in words and letters, but so that they might arrive ^C at a perfect work. And a work is perfect when that which is done unreasonably admits of emendation. It seems to my Majesty—or rather, even if the statement be bold, I am entirely certain of it—that God has risen up over this proposal, and [that this work] has come to be...

Notes by Cotelerius

(32) The Nomocanon is not merely called the Nomocanon, as Balsamon testifies in many places. I produce one from the Royal codex designated 2372, since it exists only in Latin. For Theodore says regarding the Trullan canon: ^D "And in the present canon it is determined which books of the Old and New Testaments ought to be read." But when I saw a great man bringing a Nomocanon which had the canons of the holy apostles per Clement set down, and various novels of the Emperor Justinian not accepted in the purging of the Laws, I warn all who are about to read the Nomocanon not to apply their mind to the older books of the Nomocanons, but to read that which was elaborated by the Patriarch Photius and divided into fourteen titles. As for the Nomocanon which reduced laws and canons into fifty titles, and the remaining Nomocanons in which are contained the novels of Justinian that have been abrogated and not accepted in the Basilics, and certain other laws taken from the Code and the Digest which seem to have been enriched by wordiness (for I have seen innumerable such books among many men not to be despised), let them do nothing with them, as they are dangerous and to be avoided; but let them allow them to perish. Read the most learned Beveridge on the aforementioned Trullan canon. I found in another Royal MS, number 2198, where printed books show differing copies... what one may see in Allatius in the *Diatriba de Psellis*. Nicon’s *Pandects*, an ornament of the same Royal library, chap. 8: "From the canon of St. Basil 84. If they are inseparably attached to their own customs," etc. chap. 57, and elsewhere. Add Nilus Doxapatrius from Allatius, *De Ecclesiæ Occidentalis et Orientalis consensione*, lib. 1, cap. 24, n. 1, c. 409.

^A His correction has willed to dispose of the evil, and He has so humbled Himself for us even now, that He even exhorts us on behalf of His own flock, for the sake of which He became man, suffered in the flesh, poured out His own blood, and underwent a shameful death; and He threatens the most horrific things to those who do not rise up toward the good, but persist in their own sloth. Therefore, my Majesty will not at all allow the correction of the ecclesiastical state to be further delayed; but henceforth, a canonical penalty will be brought upon those who hinder its realization. And let no one imagine that my Majesty says this out of passion. For, by the grace of God, I have no enmity toward anyone; I hate no one, I condemn no one; but I am indignant only toward this crime, nor can I bear to see the ecclesiastical and Christian order destroyed.

^B You are indeed blessed, my most holy master, and you will be shown to be yet more blessed, if along with the other things you have successfully accomplished, you also perform these things I have written above. And you, most God-beloved high priests, will likewise be blessed if, in this matter, you work together as is fitting with your most holy patriarch and chief shepherd, fulfilling your duty steadfastly in elections, and if you restore all these things in your own provinces. For my Majesty wishes these things to hold and have force not only in the great city, but also in all regions subject to the Roman dominion; and it sets forth the present writing as a common law and decree—not introducing anything new regarding ecclesiastical and holy matters, but renewing and confirming what was defined and ruled by the divine apostles and holy Fathers, but which, through negligence, has been overlooked and is now almost entirely ignored.

^C And let everyone know henceforth that whosoever shall further perpetrate anything contrary to these things in the province subject to him, whether in election or ordination or any other signing of any ecclesiastical rank, he shall be subjected to the penalty established by the holy canons without pardon. It is necessary, moreover, that worthy priests be installed in the catholic churches ^D of the villages, so that they themselves may in turn enlighten the people.

Cotelier's Notes

(33) Many use the term "catholic Church" and "catholic churches" in the sense of parish churches. For example, Emperor Leo, novella 4, and the Index of Goar in the Ecclesiastical Offices. Something is called "catholic" by that anonymous Greek who wrote about the places in Jerusalem, and John the commentator on the Destruction of Thessalonica, chap. 20. And here Balsamon must be corrected in his *Response to the interrogatories of Mark of Alexandria*. He says, speaking of Emperor Leo: "Better, indeed, are the written codices, the first of which holds the Latin interpretation and the Oriental; the latter, however, is retained in the scholion to title 6, sect. 2 of the *Epitome of the Canons* of Harmenopoulos: 'He defined in the 4th and 15th novella, that not only in catholic churches, but also in oratories…'"

Regarding Mark of Alexandria: "Captive Latins and others approach our catholic churches, and ask to partake of the divine sanctifications." [alt-version omitted] ...monasteries, even if they are catholic churches, or oratories. Interdum tamen, etc.

^A And perhaps from the beginning you will not have an abundance of such men. But by taking the greatest possible care, you shall quickly appoint men worthy to communicate the good to others and to illuminate the orthodox preaching. For it must be considered for what reason the apostles traveled around the inhabited world: for no other reason, certainly, than to impart the correct preaching to all the people.

Therefore, the high priests who have succeeded to their honor must each do likewise in the diocese under them. For this is not at all to the dishonor of the high priest, but rather to his greatest honor, when he enters even into the lodging of a poor man, examines his affairs, and leads him toward piety ^B. For such a high priest becomes an imitator of the disciples of Christ, and of Christ himself, and in these things he more fully fulfills the duties of the high-priestly dignity. But also the canon [(35)] was appointed for this reason for the high priests, that each one, as he travels through and teaches, should be supported by it. Let every high priest therefore know that he has stripped himself for labor by taking on such a spiritual [office], and he is obligated to fulfill this, just as those blessed Fathers, and the divine apostles themselves, did throughout their lives.

For if you high priests consider well, and reflect that because of the transgression of one command, which the first-formed [(36)] transgressed, we were delivered—together with them—to death and corruption, and ^C ...and others approach our catholic churches, and ask to partake of the divine sanctifications." ^D ...

Cotelerii note.

^A were it not for the dispensation in the flesh, or the incarnation of our Savior Jesus Christ, whereby we have obtained the redemption of our sins and the resurrection, we would all have perished together; and for this reason it was necessary that the Lord himself, by the good pleasure of the Father and the cooperation of the Holy Spirit, should become man, bear flesh, and in the flesh suffer and die, that he might deliver us from the corruption to which we had been condemned.

If, I say, you recognize these things, and into what evil a high priest is driven who does not distribute the orthodox preaching to the flock subject to him, none of you will ever deem it a labor for himself to traverse more frequently, in person, the whole region placed under him, and to teach the pure faith in God and a pious life. Rather, that labor will be accounted for him as rest, since it procures rest both for his own soul and for his own people. For he fulfills his duty, since he is surely about to render an account on the fearful day of judgment for the rational flock under him.

But what will a high priest perhaps think, if he is unwilling to take care of such a matter, or what excuse will he have to delay and postpone the affair? Will he expect another incarnation of the Son and Word of God to take place? This will not even enter into the mind of a human being; for our true Christ and God will surely come to render to each according to his works. Therefore, the present matter allows for no delay nor postponement.

XVII.

Decree of Emperor Alexius Comnenus in the case of Eustratius, Bishop of Nicaea. 1117. (Existing in the Bodleian Codex 205.)

XVIII.

Two Decrees of Emperor Alexius Comnenus concerning the possessions of the monastery of Dochiariou. (Year 1118.— Unpublished. See Zachariä von Lingenthal in his Prolegomena, p. xix.)

XIX. Novel constitutions of Emperor Alexius Comnenus: 1. Concerning the exemption of Mount Athos from the patriarch; 2. Concerning the immunity of Mount Athos; 3. Concerning the correction of monks on Mount Athos who incite sedition; 4. Concerning monks of Mount Athos traveling to Constantinople; 5. Concerning the dignity of Mount Athos; 6. Concerning the ordination of priest-monks and deacons on Mount Athos; 7. Concerning the monastery of the Latins on Mount Athos; 8. Concerning the same monastery. (See ibid.)

XX. ^C

Concerning the chartophylax, and that the worthy ought to be preferred in elections.

My Majesty, being concerned for the ecclesiastical decency, and seeking good order in every civil state, and in this one applying itself more zealously so that it might be observed even more in sacred matters, desires and approves, most holy master, that the privileges long ago granted to each of the ecclesiastical ranks, and the state of affairs that has hitherto prevailed among them, should continue and remain immutable henceforth, just as it has been accepted for so many years and observed over a long space of time, and is perpetually from one time to

^A another, right up to the present, clearly confirmed and established.

Since, however, my Majesty has now learned that some of the hierarchs, driven by a certain ambition, are attempting to diminish the dignity of the Chartophylax, and by bringing forth canons into the midst are contending that a seat above the hierarchs does not belong to him whenever they must assemble for some business and sit together in the senate before entering to your Holiness—it has not seemed tolerable to my Majesty that a matter tested over such a long time, and accepted by former patriarchs and other hierarchs, and indeed by these very ones who for no just cause are now quarreling—a matter accepted through long-standing silence, should now be abolished for no urgent reason, and be overturned as if it were something neglected. ^B Therefore, my Majesty ordains something highly reasonable and just. For if the hierarchs were willing once again not to disturb things that are immovable, nor things that have been decided by the Fathers of former memory, and which have been approved by themselves as well through long silence and patience down to this very day, they would be acting rightly, and there would be gratitude that, having cast aside the desire for strife, they had preferred peace. But if some, still usurping the words of the canon (while being far removed from its meaning), endeavor to prove their own desire and wickedly turn order into disordered confusion, my Majesty sends forth to interpret and declare the context of the canon—a task most easy to perceive and understand for those who are imbued with subtlety and attain to the mind of the canon. It reproaches this in the hierarchs: that although they knew the canon and held its words most accurately, they trampled upon their own conscience without reason, and allowed the canon to be rejected, and accepted a lower seat than the Chartophylaxes of former memory. And therefore, as a reward for this contempt of the sacred canons, my Majesty imposes this upon them: that they be driven from the churches that fell to their lot; thus, in this part too, adhering to the footsteps of ecclesiastical canon, and bringing forward these very sacred canons as an aid against those who despise the canons. ^C For the hierarchs who preside over the Western churches, and who for a long time have taken no care for the flocks entrusted to them, nor governed them as was fitting, will not be able to say that the hostile madness which ranged throughout the East reached them, and in this way the inspection of the rational sheep was taken from them. And as for this, my Majesty’s arrangement leaves the judgment of the outcome to them.

Since also this has reached her ears, that some of the notables of the Church are being passed over when elections take place, and some are preferred to them who are inferior both in age and in the condition of a better life, and who have not endured great labors for the Church, this matter did not seem worthy of the sacred synod of the hierarchs. Therefore, it both commands all, religiously and at the same time with imperial authority, ^D

not to play with things that are not to be played with, nor to indulge in passion regarding divine matters. For where the soul is in danger, whose care, I ask, should be held as more important? But they should prefer those to others and deem them worthy of the honor of their votes, whose blameless life, beyond their learning, adorns them: or those in whom, if learning should perhaps falter, long experience and many labors endured for the Church make up for what is lacking. For thus they will rightly guide their votes, and will not be accused before God of having rendered judgments to the condemnation of their own souls.

XXI. Novel Constitution of the Emperor Alexius Comnenus concerning the Bishopric of Soteriupolis. (Does not exist.)

XXII. Acts of a certain synod gathered in Constantinople under Alexius Comnenus, in order that an offense might be removed: A Letter of Leo, Metropolitan of Chalcedon, written to Nicholas, Bishop of Adrianople.

Decree published concerning the union of the synod with Leo of Chalcedon, and concerning the pious opinion regarding the adoration of the holy images, by our excellent and holy emperor, our Lord Alexius Comnenus, who by the grace of God was conspicuous for piety.

The rescript sent to Nicholas of Adrianopolis by Leo, who is called the Metropolitan of Chalcedon, besides others into whose hands it came, was also brought before our powerful and holy emperor. And after it had been read, it was found to contain many things concerning the adoration of the holy images that were contrary to the doctrine of the holy Fathers. On account of which dispute having arisen, his serenity, not bearing that those who had found and read it should fall into offense and be turned away from the right opinion, ordered the senate, the holy episcopal order, and the gathering of monks to be assembled, and that the author of the rescript should be present, and that thus the controversy should be settled. To this end, there having been assembled from the senate, the protosebastos and grand domestic, the sebastos and protostrator Lord Michael Ducas, the sebastos and grand duke Lord John Ducas, the sebastos Lord George Palaeologus, the sebastos Lord John Taronites, the sebastos and logothete Lord Michael, the sebastos Lord Constantine Maniaces, Marinus the sebastos of Naples, Constantine Umbertus the sebastos, Manuel Philocales, the protonobilissimos who was over the canicle or the inkwell, Michael the nobilissimos, the mystic and eparch, Andronicus the protonobilissimos and logothete of the dromos, that is, the cursus of Sclerus, Isaac the protonobilissimos Contostephanus, Stephen the protonobilissimos his brother, George the protonobilissimos Palaeologus, Barda the nobilissimos Icanatus, Michael the nobilissimos Dalma

Dalmata, John the protocuropalates and master of petitions Taronites, Michael the protocuropalates Bares, Constantine the protocuropalates Catacalon, Nicholas the protoproedros of the Senate and Great Drungary of the Watch Mermentoles, Romanos the curopalates son of Palaeologus, John the curopalates Synadenos, Constantine the curopalates and Great Hetaireiarch Antiochos, the curopalates Euthymios and judge, Michael the curopalates Scleros, Constantine the curopalates Iasites, Constantine the curopalates Choerosphakeles, Taticios the protoproedros and Great Primicerios of the inner Vestiaritai... son of Tarchaniotes, Theodore the protoproedros and consul of the philosophers Smyrnaeos, George the protoproedros Mangane, George the protoproedros Basilakes, Constantine the protoproedros Opos, Nicetas the protoproedros Kastamonites, John the proedros and grammarian, Basil the proedros Maires, Michael the proedros and judge of the Hippodrome Aitorianos, Gregory the proedros Aristenos, George the proedros Pyrrhos, Michael the proedros and primicerios of the outer Vestiaritai Antiochos, Eustathios the proedros and chartoularios of the stable of the Camytzes, Basil the raiktor and papias of the Blachernae, John the raiktor of the Scoutarion, Theodore the raiktor of the Pepagomenes, Leo the vestarches and grammarian, Michael the vestarches of the Opheomachus.

From the archieratical register of the most God-beloved metropolitans: Cosmas of Caesarea in Cappadocia, the first-throned; Constantine of Nicomedia; John of Side; Constantine of Tyana; Nicephorus of Gangra; Theodulos of Thessalonica; John of Claudiopolis; Gregory of Neocaesarea; Michael of Laodicea; Eustathios of Iconium; Nicetas of Synada; ^B Sergios of Corinth; Nicetas of Athens; Peter of Patras; Basil of Larissa; Nicetas of Mitylene; Basil of Euchaita; Michael of Pompeiopolis; Michael of Ainos; Nicholas of Corfu; the autocephalous archbishop of the island of Cyprus, and other archbishops subject to the throne of the most holy and ecumenical patriarch; Leo of Bizye; John of Carabizye; Theodore of Cherson; and the bishops who serve under the throne of the Archbishop of Cyprus; and from the ecclesiastical fullness, Nicephorus the deacon, formerly chartophylax; Peter the deacon and chartophylax; Nicetas the deacon and referendary; Basil the deacon and hypomnematographos; Eustathios the deacon and teacher; John of the Metaxas; Euphemianos the primicerios of the patriarchal notaries; Theophanes, Nicetas, Nicephorus, Leo, and Nicetas, patriarchal notaries.

From the monastic assembly: John the monk and hegumen of the monastery of Stoudios; ^C the hegumen of the monastery of St. Diomedes, the most holy Athanasios; John the hegumen of the monastery of Polyeleos which is at the Kanikleion; George the hegumen of the monastery of the Acatalepatos (Incomprehensible) Savior which is in the Camari; John the hegumen of the monastery of the Trophy-bearing (Tropaioforos) of the Manganon; the hegumen of the monastery... ^D

of Saint Mocius; Luke the hegumen of the monastery of Saint Phocas; the hegumen of the monastery of Pterygium; the hegumen of the monastery of Attaliates; and a ^A large multitude of other monks from various monasteries.

When all of these were gathered in the newly constructed great triclinium of the Blachernae, and were standing before our powerful and holy emperor, with only the most fortunate Sebastocrator and the most holy patriarchs, lord Nicolaus of Constantinople and lord Symeon of Jerusalem, remaining in session with him, his most serene majesty, a great lover of peace, having set before himself a goal that was pleasing to God and truly royal, brought it to its effect. For before the matter at hand was brought into the open, wishing that the souls of all who had assembled should be calmed and at peace, and wishing to erase completely if any trace of malice or human sentiment or will lay hidden in anyone’s heart, and only then to come to the examination of the question, he ^B immediately rose. Looking at the whole assembly in a humble manner, with a cheerful countenance, a contrite heart, and a spirit free from all passion, he spoke in a manner at once pleading and hortatory to all those listening:

“My Lords and Fathers, and those of you from the senate who are the more learned, you are well aware, as I am, that I have long been detained by military, judicial, and public cares, and have always been prompt to repel our common enemies. Now, however, as the time is at hand, I am prepared for a military expedition, so that I cannot spare time for any other business. I wished—both because of the very heavy ^C cares of public affairs, as has been said, and because the resolution of the matter before us is easy and straightforward—to entrust the examination and resolution of this issue to you alone, the highest priests, as you are, by the grace of God, wise in divine things. For the matter is entirely devoid of difficulty, even if the letter of the Archbishop of Chalcedon has raised no small doubt among those who are more simple. But then, considering with myself how great and what a good our true, ^D orthodox, and immaculate faith is, and what a prize it is to safeguard it and act as its patron; and since I have made it from my mother’s womb my joy, ornament, glory, support, and an impregnable armor against visible and invisible enemies; and not enduring that even the slightest word in the decrees of our Fathers be changed, or that anything alien be inserted into their doctrine, or that it be wrongly explained or, contrary to the rule of the Christians,

^A any recently invented dogma or preaching be received. I have forgotten all other things completely, considering them secondary to the question before us, and I have occupied myself wholly with the investigation of this matter, desiring myself to be a sharer and partaker with you in both the labor and the reward. And indeed, before all else, I ask you to put aside anger, envy, hatred—both old and new—and to banish all malice far from your souls. And do not make the examination of this matter in a contentious or quarrelsome way, but reasonably and humanely, not with respect of persons or vain opinion or any other idle impulse, but with all gentleness and cheerfulness, and with a mind free and enslaved to no passion, and with peace and concord, having the fear of God before your eyes and seeing Him standing in your midst. But let us not prefer human friendship to the truth, nor because of any human impulse despise the truth, or hide it, or pass it over. For the question, brothers, is not about money or possessions, or any of the things below that are perishable; our concern is for the faith and our orthodox doctrine. While these remain with us, by the grace of God, unmoved and unshaken, there shall certainly be an incomparable gain and an ineffable benefit; but if, on the contrary, we fall away from them or change them in any respect, an intolerable and indescribable danger will follow. ^B

When our holy emperor had spoken thus in a paternal and hortatory manner, at once the whole assembly of those gathered, pricked by his warnings and exhortations, and acquiescing to them, gave thanks to God and to his majesty. They promised that they would make the examination of this matter with a free and impartial soul and mind, and would conduct the discussion of the question as if God were watching. Having given thanks for this, our holy emperor turned again to the most holy patriarchs and the most sacred synod present and said: ^C «I also ask this, my masters, that we first offer prayer to God for the resolution of the matter at hand, and then begin the investigation, after we have fortified ourselves with your holy prayers.» And this too was done. And after the most holy and ecumenical patriarch had finished the customary prayer, the prelate of Chalcedon was immediately summoned. When he stood in the midst, our holy emperor looked upon him cheerfully and gently and spoke thus: «I ask you, Lord Leo, that you place the fear of God in your mind; and if you are conscious within yourself that you have put forth this document because of some human passion or some strife or untimely opposition, do not desire to persist uselessly and in vain, ^D nor seek to remain until the end in your purpose and your writing, which all know to be other than it ought to be, and contrary to the sentence of divine doctrine.

^A Having heard this, he promised that he would defend his cause with all freedom and a sincere spirit, and would renounce whatever might ^B appear to be repugnant to the divine doctrine of the holy Fathers. When he had promised these things, our powerful and holy emperor commanded both the metropolitan of the Euchaitae and the aforementioned prelate of Chalcedon to be reconciled to each other, and to cast away completely from their minds every memory of any offense; and when both had done this and forgiven one another, they embraced each other in a brotherly way. Indeed, even the rest of the body of bishops, with the best of intentions, granted him pardon, and in this way the business was begun. ^C For there was read from the Synodicon of the Seventh Synod, which was accustomed to be read from the ambo on the Sunday of Orthodoxy, that passage in which the adoration of the holy images is discussed, to all who, as has been said, were gathered to hear it, the words of which are these: ^D "It is defined with all diligence and care that, just as the figure of the venerable cross is consecrated, so too should the venerable images be set up, whether made of colors, of mosaic, or of any other material fit for the purpose, in the holy churches of God, on sacred vessels and vestments, on walls and panels, in houses and on the streets: namely, the image of our Lord and God and Savior Jesus Christ, of our immaculate Lady the holy Theotokos, of the venerable angels, and of all the holy men (for in proportion as they are seen through an iconic representation, to that degree are those who behold them stirred to the memory and desire of the prototypes), and that to them should be attributed an embrace and the honor of adoration; not, indeed, that true *latria* which, according to our faith, belongs only to the divine nature, but such as is due to the figure of the venerable and life-giving cross, to the holy Gospels, and to other sacred votive offerings; and that incense and lights are to be offered in their honor, just as was the custom of the ancients in pious usage. For the honor of the image passes to the prototype; and he who adores the image, in it adores the person of the one depicted. Moreover, it is manifest that this was declared, preached, and known by our predecessors, namely, that through images and in images the truth is honored and adored."

When these things had been read, the holy emperor asked everyone collectively if all felt this way, and if anyone doubted in any respect. They all answered with one voice that they felt this way and so preached. But the emperor, after he had said, "Glory to the holy God," asked again, "Do you say that the image of our Lord and God and Savior Jesus Christ is to be adored relatively or with the cult of *latria*?" They all said, "We adore it relatively, as the image of our Lord and God and Savior Jesus Christ; but to those who do not so adore it, anathema." Then the emperor

^A from his soul cried out: "To those who do not think thus, anathema." Again the emperor asked: "What images do you mean? The material of the images, or the likenesses appearing in these?" And all said: "The likenesses appearing in the materials." And he asked again: "Can the likeness of Christ seen in the material be adored with the worship of *latria*?" And they said: "By no means." And the emperor said: "The truth is as you have said." But the Bishop of Claudiopolis said: "Some say that the holy images do not participate in divine grace." And the emperor said with everyone: "Anathema to him who says this; for the holy images do participate in divine grace, but they do not have the same nature as the prototypes." And to this the Bishop of Claudiopolis added that he also felt the same way. Then the emperor: "Whoever contradicts the seven holy and ecumenical synods in any matter, or adds to or takes away from any dogma, or misinterprets or rejects any of the things defined in them, anathema." And all said: "Anathema." Again he asked: "The likeness of Christ depicted in the material, is this the divine nature?" And all said: "No; for the divine nature is uncircumscribed." ^B The emperor said: "The truth indeed is so," and added this: "I myself say and think that the synodical dogmas and decrees do not oppose one another. What, therefore, seems right to you?" And all said that they harmonize with one another and with themselves. The emperor said: "The things preached and read from the ambo preach the one thing, and they do not oppose one another in anything." All said: "It is so." And the emperor gave thanks, saying: "Glory to holy God who has ordained it so, that we all think the same." After this, another chapter was read from the second *Synodikon* of commemoration and thanksgiving, which likewise used to be read ^C from the ambo: "As the prophets saw, as the apostles taught, as the Church has received, as the teachers have decreed, as the inhabited world has agreed, as grace has shone forth, as the truth has been demonstrated, as falsehood has been driven away, as wisdom has spoken with confidence, as Christ has awarded the prizes: so we think, so we speak, so we preach Christ our true God and his saints, honoring them in words, in writings, in thoughts, in sacrifices, in temples, in icons; adoring and preaching the former as God and Master, and honoring the latter on account of the common Master, and as his genuine servants, and rendering to them the relative adoration." After the reading of this, the emperor, having gathered the sense of the two chapters that had been read, said: "If the apostles as they taught, the prophets as they saw, the teachers as they decreed, Christ as he awarded the prizes, and the rest, thus the *Synodikon* ^D hands down to us that we should think, and not otherwise, it is manifest that according to its tradition we indeed, the saints as servants of Christ...

^A we worship on account of Christ and their kinship to Him, but Christ Himself as God and Master, clearly for His own sake and not for another’s. So, the icons of the saints we worship relatively, on account of them, and them on account of their service to our common Master. But for Christ, the worship is *latria*. For he who worships Him worships also the Father and the Holy Spirit. But regarding His icon, it is the same—for how could it be otherwise? For those whose power is one and glory one, of these the honor is surely one and the worship one. Yet this is relative, or homonymous, as the holy confessor Theodore the Studite says in his letter to Athanasius. Having said this, the emperor asked: «Does it also seem so to you all, as we have said?» — «It does,» said all, «and anathema to those who think otherwise!» And again the emperor said: «Glory to the holy God who has preserved us in concord and peace, not in anything disagreeing or opposing our holy Fathers.» On these matters all gave thanks, returned glory to God, and rendered the customary acclamation to the emperor.

After this, the emperor turned his speech to the one who had served as archbishop in Chalcedon, Lord Leo, and questioned him also as to whether he accepted the holy Theodore the Studite, and if he himself agreed with what had been read and questioned, and answered by all that day, and if he remained in them. He, having answered, said that he accepted the holy Theodore as a common teacher with his whole heart, and that he also embraced the reading, questions, and answers given by the agreement of all, and remained in them. He added these words as well: «Whatever you reject in my pamphlet, I too reject; and whatever you accept, I accept.»

When Leo of Chalcedon had said this, because some things in his letter were found to be contrary to what had been read from the synodical texts from the ambo and to the other things narrated above, and not in agreement with the teaching of the divine Fathers, it was decreed that these things were to be held as rejected, just as was he who clung to them.

Furthermore, regarding the aforementioned questions, answers, and definitions, the emperor cried out to all who were listening: «If anyone has any doubt about what has been defined, let him stand in the midst and set forth his doubt.» And no one was found who doubted or who contradicted any of the definitions, but all, from the first to the last, were found to be of one mind regarding the aforementioned definitions. ^C

ANNO DOMINI MCXX.

IRENES AUGUSTE TYPICUM SIVE REGULA

Interpreted by Dom Bernard de Montfaucon, Benedictine monk of the Congregation of Saint Maur. (Analecta Graeca, Paris, 1692, 4.)

PROLOGUS INTERPRETIS (PROLOGUE OF THE INTERPRETER)

^A We have taken the *Typicum* or Rule of the Empress Irene from the Royal Library, manuscript codex 3019, which the most famous and learned Monsieur Thevenot kindly lent us. That codex, written at the order of the empress by a most skillful scribe, was subscribed by the Empress herself in her own hand, in red characters, as was the custom for emperors and their wives. Nor do I doubt that this is one of the three parchment [codices] which are mentioned in the chapter as having been described by command of the Augusta. The learned reader will discover in this work many things most worthy of knowing: namely, many rites of Greek nuns hitherto unknown, as well as an exact description of the imperial family of that time (cap. 71), and very many other things.

Moreover, in the Greek Church, it was permitted not only to emperors and their wives, but also to any private individuals who built monasteries, to issue *Typica* or Rules, as may be seen in Theodore Balsamon on the canon of the Council of Constantinople, where he has this: "They have the authority to set forth *Typica*," which he pursues there at greater length. Those *Typica*, however, were called "founder's regulations" (*ktētorika*).

The codex was written around the end of the reign of Alexios Komnenos, as the learned reader will easily understand from several passages.

(*) Irene survived her husband Alexios Komnenos; she had a most famous daughter, Anna Komnene, who wrote the history of her father most diligently.

INDEX CAPITUM ET TITULORUM HUJUS OPERIS (INDEX OF THE CHAPTERS AND TITLES OF THIS WORK)

1. That the monastery of the Grace-filled and most pure Mother of God must be free and self-governing.

2. That those who lead the monastic life in the monastery of the Grace-filled [Mother of God] must embrace the coenobitic discipline.

3. Regarding those appointed to the care of the monastery, and regarding [the authority] to hold [all things], and that whatever I shall ordain in my testament concerning the monastery shall be equal to this present *Typicum*, which likewise must never be changed or varied.

4. How those of our descendants who happen to be shorn, and to whom it is granted to live therein, are to conduct themselves in the monastery; and also those who come to this monastery from a more illustrious and splendid life and are shorn within it.