Zakonopravilo
Encyclopedia
The Nomocanon
of Saint Sava
was the first Serbia
n constitution
and the highest code in the Serbian Orthodox Church
, finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law
, based on Roman Law
and Canon law
, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church.
(founder of the dynasty) and his sons, Stefan Nemanjić (first Serbian king) and Sava Nemanjić
(first Serbian archiepiscope
). To create a lasting foundations to the independent state it was necessary to produce a legal system, to bring regulations for the Serbian kingdom and Serbian church functioning. In that time only the tsar could bring the legal acts and laws, which would fill the gaps in the common law
. As the state developed, also the industry developed, so the law had to regulate various number of relations. Therefore, with the development of economy, Roman Law
was taken. In that time Serbia was not a tsarish empire
, so its ruler could not create code of laws, which would regulate the relations in the state and church. Serbian rulers reigned with single legal acts and decrees. In order to overcome this probem and organize legal system, after acquiring religious independence, Saint Sava
finished his Zakonopravilo in 1219.
Zakonopravilo is inseparably connected with gaining the religious independence. Saint Sava, probably, brought to Nicaea already written nomocanon, when he went there in 1219 to request independence for the Serbian church from the Patriarch of Constantinople
. It is hardly to believe that Patriarch would have accepted the creation of Serbian independent church, before he had seen the nomocanon book that would regulate the functioning of the new church. After that, on his way back to Serbia, Saint Sava spent short time in Thessaloniki
where he completed the nomocanon. It is most likely that he began the work on the Serbian nomocanon in 1208 while being at Mount Athos
, using the Synopsis of Stefan the Efesian, Nomocanon of John Scholasticus, Nomocanon in 14 Titles, Ecumenical Councils' documents, which he modified with the canonical commentaries of Aristinos and John Zonaras, local church meetings, rules of the Holy Fathers, the law of Moses
, translation of Prohiron and the Byzantine emperors's Novellae
(most were taken from Justinian's Novellae).
Zakonopravilo was completely new compilation of civil and religious regulations, taken from Byzantine
sources, but completed and reformed by Saint Sava in order to function properly in Serbia. Beside decrees that organized the life of church, there are various norms regarding civil life, most of them were taken from Proheiron. Legal transplants of Roman
-Byzantine law
became the basis of serbian medieval law and Serbia became the part of European and Christian civilization. Zakonopravilo was accepted in Bulgaria
, Romania
and Russia
. It was printed in Moscow
in the 17th century. So, Roman-Byzantine law was transplanting among East Europe through Zakonopravilo. In Serbia, it was considered as the code of the divine law
and it was implemented into Dušan's code
(1349 and 1354). It was the only code among Serbs in the time of the Ottoman reign.
During the Serbian Revolution
(1804) priest Mateja Nenadović
established Zakonopravilo as the code of the liberated Serbia
. It was also implemented in Serbian civil code (1844). Zakonopravilo is still used in the Serbian Orthodox Church
as the highest church code.
Nomocanon
Nomocanon is a collection of Ecclesiastical law, consisting of the elements from both the Civil law and the Canon law.-Byzantine nomocanons:Collections of this kind were found only in Eastern law...
of Saint Sava
Saint Sava
Saint Sava was a Serbian Prince and Orthodox monk, the first Archbishop of the autocephalous Serbian Church, the founder of Serbian law and literature, and a diplomat. Sava was born Rastko Nemanjić , the youngest son of Serbian Grand Župan Stefan Nemanja , and ruled the appanage of Hum briefly in...
was the first Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and the highest code in the Serbian Orthodox Church
Serbian Orthodox Church
The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...
, finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, based on Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, based on Ecumenical Councils and its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church.
History
During the Nemanjić dynasty (1166–1371) Serbian medieval state was flourishing in the spheres of politics, religion and culture. Vast number of monasteries were built, far more than in previous centuries. The country was expanding between three seas, the city life was highly developed. Trade, mining and manufacture were flourishing. The name of Serbia and the Nemanjić dynasty became well known and respected. The ruling family received the status of holy and prosperous, praised and celebrated among the next generations. Becoming a kingdom (1217) and acquiring religious independence (1219) came after huge political efforts of Stefan NemanjaStefan Nemanja
Stefan Nemanja was the Grand Prince of the Grand Principality of Serbia from 1166 to 1196, a heir of the Vukanović dynasty that marked the beginning of a greater Serbian realm .He is remembered for his contributions to Serbian culture and...
(founder of the dynasty) and his sons, Stefan Nemanjić (first Serbian king) and Sava Nemanjić
Saint Sava
Saint Sava was a Serbian Prince and Orthodox monk, the first Archbishop of the autocephalous Serbian Church, the founder of Serbian law and literature, and a diplomat. Sava was born Rastko Nemanjić , the youngest son of Serbian Grand Župan Stefan Nemanja , and ruled the appanage of Hum briefly in...
(first Serbian archiepiscope
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
). To create a lasting foundations to the independent state it was necessary to produce a legal system, to bring regulations for the Serbian kingdom and Serbian church functioning. In that time only the tsar could bring the legal acts and laws, which would fill the gaps in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. As the state developed, also the industry developed, so the law had to regulate various number of relations. Therefore, with the development of economy, Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
was taken. In that time Serbia was not a tsarish empire
Serbian Empire
The Serbian Empire was a short-lived medieval empire in the Balkans that emerged from the Serbian Kingdom. Stephen Uroš IV Dušan was crowned Emperor of Serbs and Greeks on 16 April, 1346, a title signifying a successorship to the Eastern Roman Empire...
, so its ruler could not create code of laws, which would regulate the relations in the state and church. Serbian rulers reigned with single legal acts and decrees. In order to overcome this probem and organize legal system, after acquiring religious independence, Saint Sava
Saint Sava
Saint Sava was a Serbian Prince and Orthodox monk, the first Archbishop of the autocephalous Serbian Church, the founder of Serbian law and literature, and a diplomat. Sava was born Rastko Nemanjić , the youngest son of Serbian Grand Župan Stefan Nemanja , and ruled the appanage of Hum briefly in...
finished his Zakonopravilo in 1219.
Zakonopravilo is inseparably connected with gaining the religious independence. Saint Sava, probably, brought to Nicaea already written nomocanon, when he went there in 1219 to request independence for the Serbian church from the Patriarch of Constantinople
Patriarch of Constantinople
The Ecumenical Patriarch is the Archbishop of Constantinople – New Rome – ranking as primus inter pares in the Eastern Orthodox communion, which is seen by followers as the One, Holy, Catholic, and Apostolic Church....
. It is hardly to believe that Patriarch would have accepted the creation of Serbian independent church, before he had seen the nomocanon book that would regulate the functioning of the new church. After that, on his way back to Serbia, Saint Sava spent short time in Thessaloniki
Thessaloniki
Thessaloniki , historically also known as Thessalonica, Salonika or Salonica, is the second-largest city in Greece and the capital of the region of Central Macedonia as well as the capital of the Decentralized Administration of Macedonia and Thrace...
where he completed the nomocanon. It is most likely that he began the work on the Serbian nomocanon in 1208 while being at Mount Athos
Mount Athos
Mount Athos is a mountain and peninsula in Macedonia, Greece. A World Heritage Site, it is home to 20 Eastern Orthodox monasteries and forms a self-governed monastic state within the sovereignty of the Hellenic Republic. Spiritually, Mount Athos comes under the direct jurisdiction of the...
, using the Synopsis of Stefan the Efesian, Nomocanon of John Scholasticus, Nomocanon in 14 Titles, Ecumenical Councils' documents, which he modified with the canonical commentaries of Aristinos and John Zonaras, local church meetings, rules of the Holy Fathers, the law of Moses
Moses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...
, translation of Prohiron and the Byzantine emperors's Novellae
Novellae Constitutiones
The Novellae Constitutiones , or Justinian's Novels, are one of the four major units of Roman law created by Roman Emperor Justinian I in the course of his long reign . The other three pieces are: the Code, the Digest, and the Institutes. Together, the four parts are known as the Corpus Juris...
(most were taken from Justinian's Novellae).
Zakonopravilo was completely new compilation of civil and religious regulations, taken from Byzantine
Byzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
sources, but completed and reformed by Saint Sava in order to function properly in Serbia. Beside decrees that organized the life of church, there are various norms regarding civil life, most of them were taken from Proheiron. Legal transplants of Roman
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
-Byzantine law
Byzantine law
Byzantine Law was essentially a continuation of Roman Law with Christian influence, however, this is not to doubt its later influence on the western practice of jurisprudence...
became the basis of serbian medieval law and Serbia became the part of European and Christian civilization. Zakonopravilo was accepted in Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
. It was printed in Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
in the 17th century. So, Roman-Byzantine law was transplanting among East Europe through Zakonopravilo. In Serbia, it was considered as the code of the divine law
Divine law
Divine law is any law that in the opinion of believers, comes directly from the will of God . Like natural law it is independent of the will of man, who cannot change it. However it may be revealed or not, so it may change in human perception in time through new revelation...
and it was implemented into Dušan's code
Dušan's Code
Dušan's Code was enacted by Tsar Dušan in two state congresses: in May 21, 1349 in Skopje and amended in 1354 in Serres. It regulated all social spheres, so it can be considered a medieval Serbian constitution. The Code included 201 articles. The original manuscript is not preserved, but around...
(1349 and 1354). It was the only code among Serbs in the time of the Ottoman reign.
During the Serbian Revolution
Serbian revolution
Serbian revolution or Revolutionary Serbia refers to the national and social revolution of the Serbian people taking place between 1804 and 1835, during which this territory evolved from an Ottoman province into a constitutional monarchy and a modern nation-state...
(1804) priest Mateja Nenadović
Mateja Nenadovic
Prota Mateja Nenadović was a Serbian archpriest, writer, and a notable leader of the First Serbian Uprising. He is generally called Prota Mateja, since as a boy of sixteen he was made a priest, and a few years later became archpriest of Valjevo...
established Zakonopravilo as the code of the liberated Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
. It was also implemented in Serbian civil code (1844). Zakonopravilo is still used in the Serbian Orthodox Church
Serbian Orthodox Church
The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...
as the highest church code.
See also
- List of medieval Serbian literature
- Serbia in the Middle Ages
- Serbian EmpireSerbian EmpireThe Serbian Empire was a short-lived medieval empire in the Balkans that emerged from the Serbian Kingdom. Stephen Uroš IV Dušan was crowned Emperor of Serbs and Greeks on 16 April, 1346, a title signifying a successorship to the Eastern Roman Empire...
- Serbian Empire
- Corpus Juris CivilisCorpus Juris CivilisThe Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...