文集與托雷多會議 第 72 章

The Emperor Justinian Augustus to John, most blessed archbishop. The solitary life and contemplation therein is a thing wholly sacred, and one which by its own nature leads souls to God, and not only benefits those who dwell in it, but also furnishes to all others, by its purity and its intercession before God, a fitting usefulness on its own behalf. Whence of old this matter was held in zeal by emperors, and we too have embraced not a few things in our laws concerning the dignity and honor of these. For in this we follow the sacred canons and the holy Fathers who comprehended these things in laws, since nothing is not accessible to the inquiry of the imperial majesty, which receives from God a common governance over all men and the sovereignty.

And we have indeed already described a constitution which wills that monks, even if they are contained in a great number, should after the form of cenobia (as they call them) pass their life in common, and neither have private possessions, nor accumulate wealth, nor live hidden from witnesses, but should both take food in common, and sleep in a common place, and pursue on every side a well-ordered life, and be witnesses to one another of mutual honesty; and that the younger should reverence the gray hairs of those who inspect these things, and sometimes even of set purpose undertake vigils, so that not even in sleep may they offer to others any unseasonable or shameful spectacle of themselves, but that each one for himself may preserve honesty even while sleeping.

But since certain things are reported to us which are both worthy of greater care and stand in need of a firmer law, we have rightly come to the present legislation, for the perfecting and supplementing of that one, by which we decree that no one at all have his own dwelling, nor that there be any (as it is called) cell in the monastery for those who, for passing their life in contemplation and quiet, make use perhaps of one or two attendants; but even though there be several men, none the less let there be a single gathering of them, whether they pray, or perform the works of nature, which nevertheless consist without reproach and apart from calumny:

and that they both take food in common (as has been said), and sleep in common, if only there be so great a multitude as one house can hold; otherwise let there perhaps be two or three houses which may receive them. But let no one at all have anything of his own, but day and night let him live in common, and let them keep among themselves the same observance for the nights as for the days. For not always do all sleep, but it is manifest that while these are occupied in sleeping, those keep watch, and certain ones altogether watch over the sleepers.

Moreover, if there should be any little dwellings or cells in any of the monasteries—whether under the general patriarch of this ample city, or in his confines, or among those established under your Holiness, or built by ourselves, or by others—you shall by all means demolish all these, and shall open up to them a mutual sight of one another, so that all may behold the things which are done in turn among themselves. For why at last should they be ashamed to do this, who have dedicated themselves to God, and have bidden farewell to all popular intercourse?

And this indeed we wish to obtain for this end, both at this time and for every age thereafter—no one (as has been said) having his own dwelling, but all being gathered into one, and being beholders of the things done in turn among themselves. For this is established, that they will be zealous to perform such things as on every side lack reproach. But if anyone shall appear so shameless as to dare to attempt to transgress the things that have been promulgated by law, let the superior of the solitary abode examine these matters. For we wish that this our observance be guarded more diligently. And first, that the monastery have not many entrances, but one only, or perhaps two.

And that at the gates there stand men grave in age, and chaste, and likewise approved by the testimony of all, who shall neither permit the most reverend monks themselves to go out of the monastery without the superior's will, but shall contain them within, that they may search out the things which concern God, nor tear themselves and their actions and pursuits away from God; nor shall they allow any others, whether by day or by night, to tarry in the monastery, who might cause that the sincere and right reputation of the most reverend monks not remain. And let the monastery be enclosed round about by a wall, that there be no place of exit in any part except through the gates.

Furthermore, even if there be no church within the monastery, let them not on that account go out freely under the pretext of churches, nor make their walks there, nor converse with any persons with whom it is unfitting; but at the time of the sacred ministry let them go thither together with the prelate and his chief men and those advanced in age. And when the ministry is fulfilled, let all who are monks withdraw again into the cloister and remain there, and together wear out the great God with prayers, and devote themselves to the reading of the sacred Scriptures. For there exists an immense choir of books of this holy kind, and it is able to amend the soul of every man and to water it with sacred utterances;

and if they read these continually, they will never go astray, nor sink down into human cares. Moreover, in the most sacred church which stands within the monastery, let there be four or five elders from the same dwelling, men in whom every difficulty in that holy discipline of life and faith has already been overcome, and who have merited ordination in the clergy, holding perhaps the rank of presbyters, or of deacons, or thereafter of others; and let these make themselves available to those who approach, and discourse more searchingly concerning the holy Scriptures, and bring it about that all the rest be esteemed such men, at once guarding the sacred edifice and at once holding back in patience the youth that grows insolent and wishes to overstep its proper bounds.

Moreover, let no woman whatsoever enter into a monastery of men, nor any man into one of women, whether under cover of the memory of some deceased person there buried, or for any other cause. And especially if anyone should say that he has perhaps a brother, or a sister, or some kinsman in the monastery. For monks have no kindred upon earth, inasmuch as they aim at the heavenly life. For what at all do men make such visits desiring, save that they may perchance wish to commit some of the forbidden things, since both what befits men is permitted to men to carry out in monasteries of men, and likewise what is assigned to women is permitted to women to perform in monasteries of women?

with no other person admitted, not even if he be said to be a brother, or a sister, or some other kinsman. For neither do we grant that access lie open to them on this pretext. For if we cut off the very beginnings, and forbid the error which through sight insinuates itself into the minds of men, and thereafter the slippery slide toward evils, far more clement and easy will be the amendment of life for the better for these sacred contenders. Let all therefore obey this law, and let them neither bury a man in the sepulchres of women's monasteries, nor inter women in monasteries or ascetic houses of men. For neither do the dwellings of women befit men, nor again do the abodes of men suit the company of women.

Nor should these unseemly minglings come to pass through those who enter on account of the dead, lest through this cause a window of nature be opened, so that it may admit into itself more wantonly what is unlawful, and make sport, and defile sacred things, and under the veil of piety, and beneath the appearance of funeral rites, perpetrate those things which it is not fitting for those who practice the solitary life either to speak or even to conceive in mind. But since this is in very fact manifest, that it is necessary for those who furnish service in carrying out burials—and especially those who bear the biers, and those who dig the graves—to enter into the monasteries, the matter indeed proves difficult in the case of women's houses, both for many other reasons and on account of the aforesaid prohibition.

We ordain nevertheless that, whenever any such thing is to occur, and some woman is to be buried in a women's monastery (for we do not permit a man to be buried there), the most reverend women shall remain in their own dwelling, but only the doorkeeper, or doorkeepers, and perhaps the abbess herself (if she so wishes) shall be present at the things that are done. And as soon as those persons have accomplished the things that are customarily done about the funeral rites, both the grave being dug and the body laid to rest, let them straightway depart, neither themselves, the most reverend persons, looking upon any of the women, nor being looked upon by any of them.

But let them not devise any other occasion of entrances—whether men into women's monasteries, or women into those assigned to men—on account of the things which are performed about the funeral rites, which indeed they are wont to call memorials, gathering on the third and ninth day, likewise when the forty days have passed, or even the year; since, when it is lawful, if it be a women's monastery, women may perform all things; if a men's, men; and let them not through such an occasion brand any infamy upon the venerable monasteries.

But since nothing of those things which are enclosed within laws can, as is fitting, be preserved unless it have suitable custody, we ordain that whoever shall be for the time the prelate of any monastery shall continually give heed to it, and in each thing bestow his effort after the manner of public order and discipline. And if anywhere even some little thing be done contrary to decorum, let him forthwith amend this, and not allow a greater lapse to arise therefrom, and the soul which has fled for refuge to the salvation that comes from a holy life and the discipline of faith to perish. Let the supreme prelate of the monasteries himself also, whether he be on the spot, as he is in this city, or not, earnestly give his effort to that matter, and send his apocrisiaries (as they are called) throughout the monasteries;

let him also inquire of the neighbors whether any evil is being perpetrated in any of the neighboring monasteries; and let him restrain all these things, and bestow a fitting providence according to its dignity. But let the bishop of each city also apply his providence in this matter, whether he be patriarch, or metropolitan, or whoever he be; and let him send the most reverend defenders of his church, who may search out these things and observe them, and not allow anything to be done beyond decorum. But also, if any such thing be perpetrated, let them correct it at the very first opportunity. And likewise let the most holy patriarch of this benign city search out the things which here concern the monasteries;

and let him appoint as guardians of that matter the God-loving defenders of the most sacred greater church, and whomsoever he shall judge to be most diligent and most honorable, so that, greater custody being applied, a fuller observance likewise, and a punishment for offenses, may go forth. For indeed each several monastery ought to be reckoned under some superior, and to have (as we have said) those whom they call apocrisiaries, men grave in age, who have already striven greatly in monastic discipline, and do not easily endure the impulses of the body, and have given themselves to the conduct of affairs and to their own occupations.

And not only this, if it be a monastery of men, but even if it happen to be one of women, let two men, or (if they can be had) eunuchs, be appointed, who, approved by the amplest testimony, may conduct their affairs, and distribute to them the ineffable communion when the opportunity for that shall arise. But if those men should wish to say anything necessary concerning some need of the monastery, or which pertains to some one of the most reverend ascetics, let them confer about that matter with the abbess alone, and not besides with any other of the women who dwell in that monastery, accomplishing all things, however, through the most reverend doorkeepers.

For it is necessary that some such women too be stationed at the doors, who, likewise watching both the entrances and the exits, may both prohibit the going-out of women and render the accesses inaccessible to men, except to the apocrisiaries. These latter, approaching the doorkeepers, shall set forth the cause of their coming. And the abbess, when the matter is known and brought forward, shall confer with these, and they shall report to her those things which concern the management of their affairs and the necessity for which they have come. And thus both human affairs shall be beautifully administered, and chastity, tempted by no evil on any side, shall endure.

Certainly if anyone should offend (since human affairs are many, nor can anyone so restrain nature in its duty as never at some time to sin—for this belongs to God alone), then, if the offense be moderate, let him both admonish him and shut him up apart, and assign him a time of penance, so that, having received a better understanding, he may return to himself, and not lose the labors already expended and exhausted. But if the lapse be greater, according to the measure of the sin let diligence of correction also be applied, and let him demand both a more vehement admonition and a stronger penance.

And if by these methods he shall have been able to save the one who had begun to fall (and we say the same both of women given to the consecrated life and of men), let him give thanks to the great God, who said that joy arises even among the angelic powers in heaven if any one of sinners be saved. But if the offense be more atrocious than can be repaired by remedy, then let him utterly expel that man from the monastery, so that, since he has betaken himself from the better to the worse, he alone may reap the fruit of his own wickedness, and may not by contagion rub off any of his vices upon the rest, as cattle laboring with plague and incurably diseased are wont to do.

For though these men should especially neglect their duty, yet this imperial majesty shall not look down upon it, nor shall it refrain from indignation against that deed, against the bishop of the place and the ecclesiastics who are appointed under him, unless they observe this—seeing that the diligence of that business necessarily falls upon the imperial majesty itself as well. For if those men shall have offered prayers to God for the commonwealth with pure and bare hands, it is surely manifest both that the military estate will be in good case, and that the cities will be in a good condition. And God being likewise made propitious and benevolent, how shall not all things flourish in the highest peace and the right governance of the laws?

The earth too will bear us fruit, and more swiftly yield its goods, through the benevolence of God, as their prayers gather the whole commonwealth into one. But the common form of mankind also will be more venerable, and men will seek what is more excellent, revering their purity. Whence one harmony will come to be, all running together at once toward this; and (so far as it can be done) all malice being exterminated, and better and holier pursuits being introduced, and such as bear dignity. Which thing indeed, since we desire it, we accomplish a good work without doubt, even as we are persuaded.

We will also that this be observed in every way: that if any of the most reverend monks be seen lodging in some tavern, let him forthwith be handed over to the defenders of the cities, or here to the judgment of your excellency, and, being convicted, be chastised, and let the superior be informed of that matter, so that he may expel from the monastery the one who has thus offended and has exchanged a base life for this angelic estate. For in two things above all ought monks to place their effort and diligence: that they either devote themselves to the sacred Scriptures, or practice and exercise those manual arts which they are wont to call befitting monks. Since the mind given over to slothful idleness will assuredly produce nothing of good.

And we set forth this law concerning these matters, to be in force both in this royal city and among all nations. For we shall transmit it also to each most religious patriarch for greater caution and fitting custody. These in turn shall send it forth to the metropolitans appointed under them. And those shall impart it to all the other bishops, and through the bishops it shall be made manifest to the most reverend monks and their superiors.

Furthermore, we commit the observance of this matter not only to the superior of each solitary dwelling, nor only to the God-loving bishops of the localities, or the most religious metropolitans, or the most holy patriarchs, but here also to the prefects, so that, if the matter need some more vehement chastisement, being instructed about this by the God-loving men, they may carry it out; and in the provinces to their governors, yet so that they first learn thoroughly from the God-loving bishops what needs to be done. And in every way let those things which concern God remain uncorrupted, both through consecrated persons and through magistrates;

and above all others through the imperial majesty, inasmuch as nothing of divine matters, and of those which it is just to guard, is neglected by us, but in all things we strive that the common condition of the commonwealth may, out of the love of the great God and our Savior Jesus Christ toward men, carry off fruit through the purity of the most reverend men—which purity both the clergy, and the monks, and the bishops, both greater and lesser, shall guard, mindful both of the sacred canons and of our laws and constitutions composed concerning this, which by the present law also we ordain to be valid and ratified. The things therefore which have pleased us, and are declared through this sacred law, do you, knowing them, your glory, be zealous to bring to effect and to their end. Farewell.

On the seventeenth day before the Kalends of April, at Constantinople, Arion the most distinguished gentleman being consul.