A nomocanon (Νομοκανών, ; from the Greek 'law' and 'a rule') is a collection of ecclesiastical law, consisting of the elements from both the civil law and the canon law. Nomocanons form part of the canon law of the Eastern Catholic Churches (through the Eastern Catholic canon law) and of the Eastern Orthodox Church.
The first nomocanon, in the sixth century, is ascribed, though without certainty, to John Scholasticus, whose canons it utilizes and completes. He had drawn up (about 550) a purely canonical compilation in 50 titles, and later composed an extract from the Justinian's Novellae in 87 chapters[1] that relate the ecclesiastical matters. To each of the 50 titles was added the texts of the imperial laws on the same subject, with 21 additional chapters, nearly all borrowed from John's 87 chapters.[2]
The second nomocanon dates from the reign of the Byzantine Emperor Heraclius (610–641), at which time Latin was replaced by Greek as the official language of the imperial laws. It was made through the fusion of the Collectio tripartita (collection of Justinian's imperial law) and Canonic syntagma (ecclesiastical canons). Afterwards, this collection would be known as Nomocanon in 14 titles.
The Nomocanon in 14 titles nomocanon was long held in esteem and passed into the Russian Church, but it was by degrees supplanted by the Nomocanon of Photios in 883. It contained the Nomocanon in 14 titles, with the addition of 102 canons of Trullan Council, 17 canons of the Council of Constantinople of 861,[3] and three canons substituted by Photios for those of the Council of Constantinople of 869. The Nomocanon in 14 titles was completed with the more recent imperial laws.
This whole collection was commentated about 1170 by Theodore Balsamon,[4] Greek Patriarch of Antioch residing at Constantinople. The Nomocanon of Photios supplemented the Pedalion ( Πηδάλιον 'rudder'), a sort of Corpus Juris of the Eastern Orthodox Church, printed in 1800 by Patriarch Neophytos VII.
The Nomocanon of Photios retained in the law of the Eastern Orthodox Church and it was included in the Syntagma, published by Rallis and Potlis (Athens, 1852–1859).[5]
See main article: article and St. Sava's Nomocanon. The Nomocanon of Saint Sava, or in Serbian, was the first Serbian constitution and the highest code in the Serbian Orthodox Church; it was finished in 1219. This legal act was well developed. St. Sava's Nomocanon was the compilation of civil law, based on Roman law[6] [7] and canon law, based on ecumenical councils. Its basic purpose was to organize functioning of the young Serbian kingdom and the Serbian church.
During the Nemanjić dynasty (1166–1371) rulersof the Serbian medieval state 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 problem and organize legal system, after acquiring religious independence, Saint Sava finished his in 1219.
The 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 the . In Serbia, it was considered as the code of the divine law and it was implemented into Dušan's Code (Serbian: Dušanov zakonik).
During the Serbian Revolution, in 1804 the priest Mateja Nenadović established the Nomocanon of Saint Sava as the code of the liberated Serbia. It was also implemented in Serbian civil code in 1844. The is still used in the Serbian Orthodox Church as the highest church code.
Nomocanons of the Church of the East by author are: