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I.  Activating Prior Knowledge

Review the presentation. On a sheet of notebook paper, jot down what you know about religion during the Byzantine Empire. Who was Justinian? Why was he important?

II.  Setting a Purpose for Reading


Justinian considered the emperor the head of the church and did not support an independent church. As you read, look for evidence that supports Justinian's belief that the emperor should be head of the church.

III.  Reading the Text (Read,Re-Read, and Read Again)

If for the general welfare, We have taken measures to render the civil laws more effective, with whose execution, God, through His good will towards men, has entrusted Us, bow much more reason is there not for Us to compel the observance of the sacred canons (teachings), and Divine Laws, which have been promulgated for the safety of Our souls? For those who observe the sacred canons become worthy of the assistance of Our Lord God, while those who disobey them render themselves liable to be punished by Him. Therefore, the most holy bishops who are charged with the enforcement of these laws are liable to severe penalties when they allow any breaches of them to remain unpunished. And, indeed, as the sacred canons have not been, up to this time, strictly observed, various complaints have been made to Us of clerks, monks, and certain bishops, on the ground that they do not live in accordance with the divine canons; and indeed there are even some among them who are either ignorant of, or do not perform the holy service of the mass, or of the ceremony of baptism.

STOP! - Can you answer these question? IF NOT, go back and re-read the passage.
Who was responsible for enforcing the laws of the church? What was/were the consequences for failure to enforce the laws of the church?

Therefore We, conceding the authority of the sacred canons, do promulgate the present law, by which We decree that every time it may be necessary to consecrate a bishop in any city, the clergy and principal citizens of the said city shall assemble, and issue proclamations by which they nominate three persons, and then make oath on the Holy Gospels, in conformity with the Scriptures. This oath, inserted in the proclamations, shall be worded as follows: “That they did not select the three persons whom they have nominated in consideration of any gifts or promises made to them; nor through friendship, nor induced by any affection whatsoever, but for the reason that they knew that the candidates whom they have chosen are steadfast in the Catholic Faith, and of honorable life; that they have passed the age of thirty years, and have neither wives nor children; and that they have had neither concubines nor natural children, nor have any at present; and if any of them formerly had a wife, be had but one, and she was neither a widow, nor separated from her husband, and that his marriage with her was not prohibited, either by the sacred canons, or by secular laws; that neither of the three candidates is charged with the duties of any public office. . . .

STOP! - Can you answer these questions? IF NOT, go back and re-read the passage.
How is a bishop chosen? List three of the criteria that a candidate for bishop must meet to be ordained in the Catholic Church.

We order all bishops and priests to repeat the divine service and the prayer, when baptism is performed, not in an undertone, but in a loud voice which can be beard by the faithful people, in such a way that the minds of the listeners may be induced to manifest greater devotion, and a higher appreciation of the praises and blessings of God. . . . We notify all ecclesiastics that if they should violate any of these provisions, they must render an account of their conduct on the terrible judgment Day of Our Lord and Saviour Jesus Christ; and that We, when informed of these matters, shall not disregard them, and leave them unpunished.

STOP! - Can you answer this questions? IF NOT, go back and re-read the passage.
How are religious services to be conducted?

We also order that if the Governors of provinces should ascertain that any of the rules which We have promulgated are not observed, they shall first compel the metropolitans and other bishops to call the synods together, and do what We have just prescribed; and when the bishops do not immediately obey, the Governors must notify Us of the fact, in order to enable Us to promptly punish those who refuse to convoke the synods; and We hereby warn the Governors, as well as their courts, that if they do not see that what We have decreed is executed, they shall be put to death.

STOP! - Can you answer these questions? IF NOT, go back and re-read the passage.
What is the punishment for failure to adhere to the rules of church ritual? Why do you think the punishment was so extreme?

From Justinian, Novella, CXXXVII, translated by S.P. Scott in The Civil Law (Cincinnati, Ohio: 1932), Vol. XVII, pp. 152-156. Reprinted in Leon Bernard and Theodore B. Hodges, eds. Readings in European History, (New York: Macmillan, 1958), 57-58.

This text is part of the
Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.

Unless otherwise indicated the specific electronic form of the document is copyright. Permission is granted for electronic copying, distribution in print form for educational purposes and personal use. If you do reduplicate the document, indicate the source. No permission is granted for commercial use.

© Paul Halsall June 1997
[email protected]

IV. Personal Reflection – Respond to the following question in your blog. Be sure to include a quote from the text to support your response.

Part 1 - Response:  What evidence supports Justinian's belief that the emperor should be head of the church?
Part 2 - Response:  Do you feel that Justinian's laws are too extreme? Explain your reasoning.


V. Peer Reflection - Read three classmates’ response and respond to what they have written.