Emperor St. Justinian On The Harmony Of Church And State
In implementing his religious policy, [Emperor Justinian] did not introduce any innovations, but followed the example of his predecessors. Yet, he took more seriously the role of protector of the Faith than they. His intervention into the affairs of the Church was based on the excellent principle of agreement (symphonia), which constituted a long tradition in the Church and the State.
This tradition was not clear and crystallized, and the two authorities confronted each other occasionally. Justinian clarified this tradition and laid the foundations for harmonious cooperation between Church and State. According to Justinian, these two authorities are self-sufficient and self-powered organizations; and since they emanate from one source, namely God, and have the same purpose, i.e. the salvation of the people and the glory of God, basically they cannot disagree with one another. Thus, neither a spirit of Caesaropapism (namely, arbitrary intervention of the State in matters pertaining to the Church), nor a spirit of Papocaesarism (i.e., arbitrary intervention of the Church in the affairs of the State), but a spirit of cooperation and mutual assistance should characterize these two authorities. Applying this excellent theoretical principle, Justinian decreed that laws of the Church, i.e. its holy canons, were also laws of the State. Also, whenever the laws of the Church were in disagreement with the laws of the State, he defined that the former should prevail. Thus, Justinian did not legislate for the Church but for the State. Whenever he came to issue laws of their Church, their content derived not from himself or civil laws, but from the teaching of the Church and its traditions. Therefore, civil legislation did not constitute a source for ecclesiastical legislation, but was influenced by the ecclesiastical teaching and traditions instead. Justinian’s legislation neither lessened the divine legislation of the Church, nor modified or altered its canons. This fact, we think, proves that the intention of Justinian’s legislation with respect to regulating relations between the Church and the State was primarilly derived from his religious convictions, without excluding other sources, such as political, national, etc.
…Justinian was a faithful and devoted member of the Orthodox Church and worked not only to protect its dogmatic teachings, but also to elevate the spiritual and moral stature of its representatives. He believed that a spiritually and morally regenerated leadership in the Orthodox Church would greatly contribute to the spiritual and moral elevation of the people on the one hand, and to the progress of the State in all of its endeavors on the other. He was particularly interested in those who held an episcopal throne. He issued laws concerning the election, ordination, and life-style of the bishops. By his legislation, he ordained that the best of the unmarried clergy be elevated to the episcopacy. He entrusted bishops to the various duties, such as judicial authority, supervision of philanthropic institutions, supervision of state employees, etc.
Justinian played a very important role in the formulation and enactment of ecclesiastical or canonical law. By his decrees, he made canons of the Church laws of the State, those, for instance, that determined the relation of the clergy to the State, the relations among themselves, as well as their position within the Christian community. By his ecclesiastical legislation, Justinian did not introduce any innovations at all. He simply legalized the already existing practice and order in the Church. Thus, for the settlement of the various ecclesiastical problems, he determined that it be pursued and achieved through local synods convened once or twice a year. Dogmatic problems and other subjects of very general interest should be solved through Ecumenical Synods. Justinian considered the Synod to be the supreme legislative and judicial authority of the Church. Nobody could attack the decisions of a truly Ecumenical Synod.
…One of the other consequences of the religious beliefs of the Emperor was his great philanthropic work for the needy citizens of his State. Justinian translated his faith into active love and concern for his fellow men. Thus, he issued special laws to protect the rights of the poor, orphans, and widows. Also, he supported the charitable work of the Church and of private citizens. Furthermore, he was a leader himself, as an individual and as the ruler of the State, relieving and helping those citizens who were in need of such assistance. In this manner, he helped the poor, the sick, slaves, prisoners of war, and victims of natural calamities and barbaric invasions. He also built or renovated homes for the poor, hospitals, orphanages, reformatory institutions, etc. By his legislation, he also provided good administration and protected their properties.
The Orthodox Church has never forgotten Justinian’s services, love and devotion to it. In spite of the doubts of some with respect to the Emperor’s Orthodox faith during his last years, based mainly on the [erroneous] statements made by the historian Evagrios, the Church has always appreciated the work and the personality of Justinian, and very justly included him among its saints. His memory is celebrated on the 2nd of August throughout the Orthodox world to this day!
O Most Holy and Right-Believing Emperor Justinian, pray to God for us!
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