Summa Trinitate et Fide Catholica et ut nemo de ea publice contendere audeat," contains (besides extracts from laws of earlier emperors) four laws by Justinian, beginning with the fifth, some of which have been taken into the Codex from the Collectio Constitutionum Ecclesiasticarum, laying down the true orthodox faith as defined by the first four general councils, and anathematizing "Nestorius the man-worshipper, Eutyches the insane, Apollinaris the soul destroyer," and all who agree with these heretics. One of these constitutions is an edict addressed by Justinian to pope John (as well as to Epiphanius, patriarch of Constantinople), with the reply of the pope confirming the edict as a declaration of the faith. Title II., "De Sacrosanctis Ecclesiis et de rebus et privilegiis earum," contains eight laws by Justinian dealing chiefly with legacies to churches or other charitable uses, and with the management of church property. Title III. is, "De Episcopis et clericis et orphanotrophiis et xenodochiis et brephotrophiis et ptochotrophiis et asceteriis et monachis et privilegiis eorum et castrensi peculio et de redimendis captivis et de nuptiis clericorum vetitis seu permissis." Sixteen laws in it (less than one-third in number, but more than half in bulk) are by Justinian, and treat of a great many topics, including the election and qualifications of bishops and priests, the choice of heads (ἡγούμενοι, αι) of monasteries and nunneries, the observance of a pure and strict life in monasteries, the management of church property by the bishop and steward, with various provisions relating to charitable foundations, to the residence of the clergy at their churches, the regular maintenance of divine service there, and to wills of property for church purposes. Title IV., "De Episcopali Audientia et de diversis capitulis quae ad jus curamque et reverentiam pontificalem pertinent," is almost equally miscellaneous in its contents. Fourteen constitutions in it are by Justinian. The fifth, "De Haereticis et Manichaeis et Samaritis," contains a selection of persecuting or disabling laws from the time of Constantine down to and including Justinian's own. The penalties threatened, and the general severity of tone, steadily increase as time goes on, and the number of different kinds of heretics included in the denunciations is enlarged. In one case (c. 21) a distinction is drawn by the emperor between various degrees of heresy and infidelity. "Manichaeis Borboritis et paganis, necnon Samaritis et Montanistis et Ascodrogitis et Ophitis omne testimonium sicut et alias legitimas conversationes sancimus esse interdictum. Aliis vero haereticis tantum modo judicialia testimonia contra orthodoxos, secundum quod constitutum est, volumus esse inhibita." Title VI., "Ne sanctum baptisma iteretur"; VII., "De Apostatis"; VIII., "Nemini licere signum Salvatoris, Christi humi vel in silice vel in marmore aut insculpere aut pingere"; IX., "De Judaeis et coelicolis"; and X., "Ne Christianum mancipium haereticus vel paganus vel Judaeus habeat vel possideat vel circumcidat," are comparatively short and contain only laws of earlier emperors. In XI., "De Paganis Sacrificiis et Templis," is an interesting collection of various enactments against paganism from the famous edict of Constantius (A.D. 353) onwards, concluding with a general command to all heathens to be baptized forthwith, on pain of losing all their property and all civic rights; while death is the penalty for any one who, having been baptized, relapses into heathenism. All sacrifices, or other acts of pagan worship, are strictly forbidden and severely punishable; all gifts of property to any heathen temple or purpose are confiscated, the temples being all destroyed or appropriated to other uses, and the teaching of paganism, and indeed any teaching by any pagan, is absolutely prohibited. Titles XII. and XIII., "De his qui ad ecclesias confugiunt vel ibi exclamant," and "De his qui in ecclesiis manumittuntur," are less important. They illustrate the growth of the right of sanctuary in churches, and the practice of manumission there. With title XIV., "De Legibus et Constitutionibus Principum et edictis," ordinary civil legislation begins. A good many references to ecclesiastical matters, and especially to the jurisdiction of the bishops, are scattered through other parts of the Codex. It is clear from this summary that neither Justinian nor his predecessors intended to frame a complete body of laws or rules for the government of the church, its hierarchical constitution and administration, much less for its internal discipline or its ritual. These things had been left to be settled by custom, by the authority of patriarchs, metropolitans, and bishops, by the canons of councils as occasion arose. Not that the civil monarch supposed such to lie beyond his scope, for in Constantinople the emperors, and Justinian most of all, regarded themselves as clothed with a supreme executive authority over the religious no less than the secular society. The distinction afterwards asserted in the West between the temporal and spiritual powers had not then been imagined. No Eastern ecclesiastic denied the emperor's right to summon general councils, direct them, and confirm their decrees. But the emperors had been content to leave to churchmen the settling of what were regarded as more or less technical and professional matters, which they were fittest to settle. The narrow and bigoted spirit, which runs through the persecuting laws included in the Codex, is fully as conspicuous in Justinian's own as in those of any of his predecessors. Moreover, by re-enacting them he made himself responsible for all that they contained. In that age of the world it was believed possible to stamp out heresy by a sufficiently vigorous exercise of the arm of flesh. Paganism was in fact thus stamped out, though in one or two mountainous districts of Greece and perhaps of Asia Minor it lingered secretly for 2 or 3 centuries more.
The topics of the Novels, or constitutions issued by Justinian from 535 till his death in 565, are very various. Of the 153 to which the 168 appearing in the largest collection may be reduced, 33, forming the largest group, relate to ecclesiastical and religious matters. Next in number come those dealing with civil and military administration. Marriage and the legal relations arising therefrom are
