57 A reconsideration of the ideal of stability in Byzantine monasticism In the preamble of the Novel, Justinian voices his respect for monks: the ‘life in monastic ascesis’ (ὁ ἐν ἀσκήσει μοναχικῇ βίος) was venerable and would bring the monk close to god; monks would be pure, rational, and above human concerns.197 The preamble continues to indicate that such a transformation requires education in the divine scriptures and careful training. So, the indicated aim of the Novel is to instruct the monks what they need to do so that they become ‘true contenders on the road to the divine’.198 Such positive assessment of monks is also characteristic of other Novels concerning monastic life. Novel 133, for example, starts with recognising the venerability of monastic life. Monastic life is described as one ‘that by its nature leads souls up to God’, both benefitting monks and nuns themselves, but also benefiting others ‘through its purity and its intercession with God’.199 The Novels give the impression that Justinian respected monks and wanted to uphold their dignity and reputation.200 By providing regulations, Justinian did attempt to steer the development of monasticism in a certain direction that, according to him, would best uphold the dignity of monks and safeguard their usefulness for the wellbeing of the Empire, while not disrupting established social and economic relations.201 This included the promotion of a type of cenobitic monasticism with an emphasis on shared space and property and mutual control, although Justinian also acknowledged solitary monks. In addition, the legislation served to provide solutions for practical issues that monasteries dealt with. In Novel 5 this applied especially to property.202 The part of Novel 5 that is usually referred to as evidence for stabilitas loci is chapter 7: Εἰ δὲ ἀπολιπὼν τὸ μοναστήριον, καθ’ ὅπερ τὴν ἄσκησιν εἶχεν, εἰς ἕτερον μεταβαίνοι μοναστήριον, καὶ οὕτω μὲν ἡ αὐτοῦ περιουσία μενέτω τε καὶ ἐκδικείσθω ὑπὸ τοῦ προτέρου μοναστηρίου, ἔνθα ἀποταξάμενος ταύτην κατέλιπε. Προσῆκον δέ ἐστι, τοὺς εὐλαβεστάτους ἡγουμένους μὴ εἰσδέχεσθαι τὸν τοῦτο πράττοντα. Ἀλήτης γὰρ ὁ τοιοῦτος βίος, καὶ μοναχικῆς καρτερίας οὐδ’ ὅλως ἐγγύς, οὐδὲ σταθερᾶς καὶ μονίμου ψυχῆς, ἀλλὰ περιφερομένης τε 197 Justinian, Novel 5 preamble. The edition used is Scholl and Kroll (1959). Translated by Miller and Sarris: ‘The ascetic life of the monastery is so honourable, and knows so well how to bring close to God the person entering it, that it strips from him every human blemish, and makes him pure, outstanding for his rational character, generally intelligent in his actions, and above human concerns’. Miller and Sarris (2018), p. 89. 198 Justinian, Novel 5.7; translation by Miller and Sarris (2018), p. 89. 199 Justinian, Novel 133 preamble. Translation by Miller and Sarris (2018), p. 881. 200 Noted also in Hatlie (2007), pp. 28–29. Hatlie remarks that this positive view of the monastic life was not new and also reflected in other contemporary writings (e.g., by Pseudo-Dionysios), although other attitudes are also attested (e.g., in the sixth-century On Political Science ‘who characterized monks as an unproductive segment of the body politic’.); although according to Hatlie ‘the emperor himself seems to have been more at home with the views of Ps. Dionysios […]. He went much further than others by embracing the cause of monks quite explicitly and drafting legislation that aimed to give them a set of guidelines on how best to conduct their affairs’. Ibid., p. 29. 201 In the view of Miller and Sarris, Novel 5 ‘also attempts to prevent the spread of monasticism from disrupting social and economic relations by protecting the property rights of the heirs of aspirant monks and by limiting the ability of slaves to escape the control of their masters by claiming monastic vocation’. Miller and Sarris (2018), p. 89, footnote 1. 202 Possibly in part to enable the continuing existence of monasteries after its foundation by establishing and safeguarding potential resources of income. 1
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