Works & Councils of Toledo 62

The Emperor Justinian Augustus to Mennas, archbishop of Constantinople and patriarch of all its region. Likewise, recognizing that something not right is being done in this royal city, we judged it should be remedied by a general law, beginning indeed from this most happy city, but extending in every place the matters that lie subject to it. For certain persons, wishing to corrupt the honour of the orthodox faith, if they have a suit, as it were, with monks or female ascetics, appeal to the civil judges. But these send out officers who presume to enter within holy places, and to drag off monks, and to disturb nuns or female ascetics, perhaps even those who are not seen in public. And from this no small injury and confusion is done to the venerable places.

Therefore for this reason we enact that, if anyone has any case whatsoever with any venerable consecrated women, or sacred virgins, or women altogether residing in monasteries, he is to appeal to the bishop of that city, who is beloved of God. And let that bishop send, and with all decency arrange those matters which concern the presence of the persons, whether this ought to be done through the abbots, or through proxies, or through any others whomsoever.

And let the bishop himself, with all priestly reverence, examine and judge the case, and let civil judges in no way be their judges, nor confound their honour, since the bishops of the several cities, beloved of God, are competent both to dispose of and to judge the matters of the suit and of the safeguarding of judgments, honourably and in priestly fashion, and according to our laws and the most sacred canons. For thus both those who are thought to have any claim to render an account will obtain justice, and the honour of the consecrated will be preserved inviolate and entire.

Let it therefore be a general law, and let it have its safeguarding from the most glorious prefects who are in all the dioceses (and we mean both of Illyricum, and of Libya and Italy, and of the whole East), and from the most glorious prefects of either Rome, and from the most magnificent praetor of the peoples, and from the judges of the provinces and their offices; and let no corruption at all be done to them, but let it be kept whole, to the honour of the most reverend monks. And let your Beatitude also, learning these things, yourself safeguard them in this most happy city and its confines. And let it employ for this the metropolitans of the cities, beloved of God, whose ordination you yourself have received, setting forth in your own letters this our sacred law.

But let those bishops announce these things to the bishops set under them, so that from a few letters one continuous publication of the law may reach the whole dominion. But we also enact that suits for monks of unblemished life be hastened, so that their mind may not be occupied about the anxiety of a suit, but, swiftly freed, they may attend to sacred works. Let those therefore know, who shall have done anything contrary to these provisions—if indeed it be a judge who has presumed to pronounce such a sentence—that he shall be removed from his administration as one doing insult to the Divinity, and shall be fined a penalty of ten pounds of gold together with his office, to be given to our most sacred treasury.

But officers who presume to deliver any summons at all are to be forbidden by the very bishops beloved of God, and thrust back into the places that are called decanica, to suffer fitting penalties, being permitted henceforth to make no exaction. With this law in force, if anyone has a case with any of the most reverend monks, or virgins, or women altogether consecrated and dwelling in venerable monasteries. For concerning clerics and the order of their being summoned we have already written laws, which we wish to be valid and firm in every way. A written copy to the most renowned man John, prefect of the sacred praetorium of the East, twice former consul ordinary and patrician.

A written copy to Basolides, most glorious master of the sacred offices. A written copy to Longinus, most glorious prefect of the city. Given on the sixth day before the Ides of March at Constantinople, in the fifteenth year of our lord Justinian, Pius, Perpetual, Augustus, Arion the most distinguished man being consul.