56 Chapter 1 common life in pursuit of something higher’.192 The rules on communal living therefore do not apply to them. Additionally, Novel 123.36 mentions the possibility for monks and nuns to live separately in individual cells. Contrary to Novel 5, this Novel departs from the communal life and specifies that within monasteries certain individuals, as exceptions, may have individual cells with the permission of the hegumen.193 The Novels therefore seem to imply that there are different types of monks to whom, it seems, different rules apply. First, there are monks living communally in koinobia, sharing the same space for sleeping, eating, etc. These are considered the norm and the Novels are targeted first and foremost to these types of monks. Second, there are monks and nuns in cenobitic monastic establishments living in individual cells. These are presented as exceptions. For example, monks living in the monastery for a long time or monks with special physical needs could live a more separate life with the permission of the hegumen.194 As exceptions, the rules on communal living do not apply to them. Possibly this extended to regulations concerning monastic mobility as well. Third, there are monks who live separately and are not attached to a monastery. Novel 133.1 recognises such solitary anchorites, or monks living together with one or two disciples, as a monastic lifestyle that does not have to fulfil the requirements for communal monastic living. In all other instances, according to Novel 133, a group of monks should form a monastic community and follow the regulations specified for communal living. From these reflections follow that the legislation concerning monasteries, including those on monastic mobility, were not targeted at all monks. His legislation regulates the monastic life of communal monasteries, but does not regulate the individual anchorites.195 This is an indication that if there ever was an ideal of monastic stability, it is not reflected in the Novels as an ideal prevalent in all forms of monasticism, since the various forms of monasticism were not expected to follow the same guidelines. Monastic (im)mobility and Novel 5 In scholarly literature on monastic mobility, several Novels of Justinian have been cited in support of the idea that there was a rule of monastic stability in Byzantium. The most frequently cited is Novel 5, chapter 7.196 Novel 5 (March 17, 535) deals with monastic life. 192 Justinian, Novel 5.3. 193 ἐν ἰδιάζουσι κελλίοις ἔνδον τοῦ μοναστηρίου τυγχάνουσι διαιτῶνται. Justinian, Novel 123.36. 194 ‘Exceptionally, some of them, either by reason of the length of their time under monastic discipline, or because of age or physical infirmity, may wish to live undisturbedly, and so spend their time in small individual cells situated within the monastery; but this must be with the knowledge and consent of the hegumen’. Novel 123.36. Translation in Miller and Sarris (2018), p. 823. 195 E.g., Novel 123.36 concerns ‘all monasteries called coenobia’: πᾶσι δὲ τοῖς μοναστηρίοις, ἅπερ κοινόβια καλοῦνται. Novel 133.1 indicates that solitary monks in monastic communities are to exempted from the stipulated norms. 196 Herman (1955), p. 117; Nicol (1985), pp. 194–195; Talbot (2019), p. 157; Booth (2014), p. 17. Herman also refers to Novel 3. 2 and Novel 123.42. Herman (1955), p. 117. Phil Booth and Mary-France Auzépy also refer to novel 133.1. Auzépy (2009), par. 4; Booth (2014), p. 17 and note 45.
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