Zakonopravilo


The Zakonopravilo was the highest code in the Serbian Orthodox Church. It was finished in 1219. This legal act was written in simple language. Its basic purpose was to organize the continuation and functioning of the Serbian Kingdom and the Serbian Church. It was originally printed under the name Rules of Speech in Serbian at Raška, Serbia, in two successive issues, one for Wallachia and another for Transylvania. It is Serbia's first Serbian-language church-state constitution.

Byzantine nomocanons

, the Patriarch of Constantinople, was the writer of the first church-civil codex in which the material is systematically arranged. The twelve Novellae of Emperor Justinian on the subject of church and law are a part of this codex. It is known as the Nomocanon of John Scholasticus or the Syntagma of John Scholasticus. Syntagmas are nomocanons that contain rules without explanations.
At the beginning of the seventh century, two important acts were combined. The Canon Syntagma, written by Patriarch Sergius, and a codex written as a part of Justinian's law, by an unknown author, were taken by a jurist named Julian who turned them into Nomocanon in 14.Titles. In 883, the rules from the Trullan and Second Council of Nicaea, those written at the Constantinopolitan assemblies, and at civil assemblies were added to the nomocanon. Patriarch Photios wrote the foreword. In 920, the Nomocanon of Photios was proclaimed an official law document of the Christian Church by the four eastern patriarchs at their council in Constantinople.

Nomocanon of Methodius

The first Slavic nomocanon, Liber Sclavorum qui dicitur Methodius, was probably written by Slavic enlightener Methodius around 868. The Liber Sclavorum qui dicitur Methodius included two codexes – Methodius's translation of the Nomocanon by John Scholasticus and Slavic alternation of the The Eclogue is a Byzantine codex dating from the mid-eighth century. It was most likely issued by Leo III or Constantine V as a short version of Justinian's codex. Methodius's nomocanon was written just before he traveled to Slavs in Lower Pannonia to visit Prince Kocel and it applied to all Slavs.

Contents

The Zakonopravilo consists of seven introductory chapters:
  1. A word about seven ecumenical councils
  2. Interpretation of the line that follows: "Jesus Christ, have mercy on us."
  3. Interpretation of the Nicene Creed: "We believe in one God, the Father Almighty, Maker of all things visible and invisible."
  4. Interpretation of the prayer which the Lord Jesus Christ taught the apostles, and us along with them, with which to pray, saying :"Our Father who art in heaven."
  5. Prologue of those who reduced the sacred rules to 14 branches
  6. Nomocanon in 14 Titles
  7. The introduction to the Nomocanon
followed by sixty-three other chapters:
  1. The rules of the apostles and church fathers along with the interpretation of Alexius Aristinos
  2. The rules of Saint Paul
  3. The rules of both Saints Peter and Paul
  4. The rules of all saints apostles
  5. Decisions and rules of the First Ecumenical Council
  6. The rules of the holy Synod of Ancyra
  7. The rules of the holy Synod of Neo-Caesarea
  8. The rules of the holy Synod of Gangra
  9. The rules of the holy Synod of Antioch
  10. The rules of the holy Synod of Laodicea
  11. Decisions and rules of the Second Ecumenical Council
  12. Decisions and rules of the Third Ecumenical Council
  13. Decisions and rules of the Fourth Ecumenical Council
  14. The rules of the holy Synod of Sardica
  15. The rules of the holy Synod of Carthage
  16. Memoirs transacted in Constantinople concerning Agapius and Gabadius
  17. Decisions and rules of the Sixth Ecumenical Council
  18. Decisions and rules of the Seventh Ecumenical Council
  19. The rules of the First and Second Councils, held in Constantinople, in the Church of the Holy Apostles
  20. The three rules of the council in the Church of Hagia Sophia in Constantinople
  21. The rules from the epistles of Saint Basil the Great addressed to Amphilochius, Diodorus, and others
  22. 26 rules of Saint Basil the Great about time for sinning
  23. The rules of Saint Basil the Great about the size and looks of the places for those who do penance
  24. A lesson about the divine service, Holy Communion, and those who take care of those who do penance, which Basil the Great dedicated to the presbyter
  25. A letter by Basil the Great to Gregory of Nazianzus about the establishment of monks
  26. The rules from the epistle of Saint Tarasios to the Roman Pope Adrian I, forbidding payment for ordination
  27. The rules of Saint Dionysius
  28. The rules of Saint Peter
  29. The rules of Saint Gregory Thaumaturgus
  30. The rules of Athanasius the Great
  31. The rules from the epistle of Athanasius the Great to Bishop Ruphinianus
  32. The rules from the speech of Saint Gregory of Nazianzus
  33. The rules of Saint Gregory of Nyssa
  34. The rules of Saint Timothy
  35. Theophilus' explanation of Epiphany when it falls on a Sunday
  36. The rules from the Epistle of Saint Cyril to Nestorius
  37. Cyril's rules about orthodoxy, 12 chapters against Nestorius
  38. The rules from the epistle of Saint Gennadius
  39. The rules from the epistle of the council in Constantinople to Marthiruius, bishop of Antioch, about how to accept heretics who approach the Cathedral
  40. Chapters of the great church, Hagia Sophia, sealed with Justinian's golden stamp, about slaves who seek refuge in the church
  41. The rules of Dimitrios, metropolitan of Cyzicus
  42. The rules about the Bogomils
  43. The epistle of archbishop Peter, Antiochian Venetian archbishop
  44. The epistle of Beatified Chernorizets Nilus to presbyter Haricles
  45. Codex of John Scholasticus in 87 chapters
  46. Novella of a pious man, Alexius I Comnenus
  47. A branch of Emperor Justinian's novellae
  48. Regulations of Moses' legislation
  49. The epistles of monk Niketas against the Latins, dispraise for introducing fasting on Saturdays
  50. The same as 49, dispraise for introducing celibate for the clergy
  51. The same as 50, about French and other Latins
  52. The same as 51.
  53. The same as 52.
  54. The same as 53.
  55. Translation of the Proheiron
  56. The rules about forbidden and permitted marriages
  57. The same as 56.
  58. The same as 57.
  59. The same as 58.
  60. The same as 59.
  61. Articles about heresy
  62. The same as 61.
  63. The same as 62.

    Social justice

Zakonopravilo is famous for its advanced treatment of social justice. Saint Sava expanded the boundaries of social justice, confronting the norms of Byzantine civil law and slave society. He accentuated the Christian teaching of social justice, justifying it by saying that norms should serve a man and not the public interest.
One of the most significant social justice rules is introduced in the fourth introductory chapter. This chapter was taken from Saint John Chrysostom's interpretation of Our Father and it states: "Because he didn't say My father but Our father.... Nobody should worry only about themselves, but also about their neighbours, and nobody should have more than the other: neither the rich from the poor, neither the lord from the servant, neither a prince from those over which he rules, neither a tsar from the soldier, neither the wisest from the unlearned, because to all he gave one gratitude." This regulation proclaimed the equality of all people regardless of their financial or social status, it forbade allow oppression, and it strove for welfare. It was contrary to the principles of slave society at the time.

Shelter of the poor and the role of noble homes

Shelter of the poor and the role of noble homes is mentioned in chapter 48, in the section "On court and justice", which was taken from Leviticus and Deuteronomy. Sava wanted to emphasize philanthropy, in particular that laws should be interpreted in a way that encourages philanthropy. Shelter and assistance for the most endangered was defined as ethical and just, while glorifying the rich and powerful was unethical and unacceptable. The people and institutions that are most likely to be asked to provide care for the weak are bishops, deacons and presbyters. Zakonopravilo contains two canons that speak on this:
59: the Apostles' canon imposes excommunication for bishops or presbyters who do not give a poor cleric what he is in need of, and takes away their rank if they remain merciless
7: the canon from Synod of Sardica includes the poor and those who are unprotected from violence. They can seek help from a bishop, who is obliged to assist them as much as he can or they can go to the emperor personally and ask for help.
Bishops, busy with their church duties, were unable to protect the many powerless people from abusers and famine. The solution was to establish services that church representatives chosen by the emperor would carry out. Ecdics were executors of the church and a sort of judge, because they were expected to defend the interests of the church in the courtroom. However, some ecdics were responsible for more than church issues. This is known from some tsar's decrees, for instance: Emperor Theodosius I wrote to Constantinople's ecdic saying he should not let peasants and citizens be oppressed by taxes, that he should repress the arrogance of archonts and care for his people as he does his children. Because of the importance of this role, laws were created to regulate the elections of ecdics, with the participation of respectable citizens and led by bishop and clergy.
Another protection mechanism is mentioned in the second chapter of Zakonopravilo, taken from the Proheiron: "If the self-supporting man is involved in a lawsuit with his guardian, it is necessary he seeks help."
Proheiron defines who is considered poor: "the one who has less than 50 gold coins in his belongings is poor."
One of the most important ways of protecting the poor is the building of noble homes. Regulations referring to noble homes are mostly taken from John Scholasticus' Canon in 87 chapters or Justinian's Novellae. They include:
  • If the testator informs in writing that he desires to found a noble home, a bishop or a head of that area is obliged to perform that duty within a five-year period and to do as the testator specifies in his will.
  • Possessions inherited by the church are used for feeding the poor.
  • Those who ask to receive their possessions back after they have designated them for feeding the poor are never to be forgiven.
Noble homes could be leased but only under strict surveillance, so malpractice and damage infliction are avoided. A lease could be granted for an unlimited term. Ways of making a lease contract were specified, for example by having the administrative staff of the noble home swear an oath in front of a bishop promising no damage would be caused.