Folia Canonica 11. (2008)
STUDIES - George Gallardo-Dimitri Salachas: The "ritus sacer" of the Sacrament of Marriage in the Byzantine Churches
THE “RITUS SACER” IN THE BYZANTINE CHURCHES 143 sors had some justifications for it due to the remaining existence of paganism.37 But now that paganism had disappeared in the East and that the Byzantine Empire had fully restored orthodoxy—triumphing even over all of the Christian heresies— legislation not in conformity with the orthodox faith would no longer have any justification. In the aforementioned Novel Eighty-nine of Leo the Wise, one reads: “Just as antiquity neglected the general formalities of adoption, which it considered an important act, although it allowed it to take place without the offering of prayer and the celebration of sacred rites, so also, it appeared to have neglected the most important part of marriage, since it permitted to be consummated without the bestowal of the nuptial benediction. But while the ancients may perhaps, have had good reason for doing this, we, aided by divine grace, have preferred to adopt a mode of life much more honorable and holy, and have not failed to observe the things above mentioned. Therefore, as we have directed that prayers shall accompany the act of adoption, we desire that marriage shall likewise be confirmed by the bestowal of the holy benediction, so that if anyone should be married without it, he/she cannot be said to have entered the matrimonial state, or to enjoy its rights. There is no medium between marriage and celibacy which should not be considered reprehensible. Have you a desire to embrace conjugal life? If you do, it will be necessary for you to observe the laws relating to marriage. Do the annoyances of the married state deter you? You may live unmarried, but do not disgrace matrimony, and conceal your faults under the mask of a spurious celibacy.”38 Thus, since the promulgation of this Novel in the ninth century, matrimony celebrated without the liturgical rite/sacerdotal blessing has been considered an invalid act in the legislation of the Byzantine Church. In the year 1095 Emperor Alexius I extended the norm of Leo VI also to non-free persons.39 From the Eastern theological perspective, every sacrament, as the action of Christ and his Church, involves a mystical transformation—a metabolê—of the visible “sign” and of the subject that is worked by the power of the Holy Spirit, Lord and giver of life (ton Kyrion kài zôopoiôn). Just as in the mystery of the incarnation and of the redemption, so in the sacraments: the mission of the Holy 37 P. NOAILLES, Les Novelles de Léon le Sage, Paris 1944; G. JOYCE, Christian Marriage: An Historical and Doctrinal Study New York 1933; N. Milas, To Ekklesiastikon Dikaion, Athens 1970; P. Rodopoulos, Epitome kanonikou dikaion, Thessaloniki 1998; P. L’Huillier, Novella 89 of Leo the Wise on Marriage, in Creek Orthodox Theological Review 32 (1987) 153-162; E. Herman, De benedictione nuptiali quid statuerit ius byzantinum sive ecclesiasticum sive civile, in Orientalia Christiana Periodica 4 (1938) 189-234; M. Maass, Roman History and Christian Ideology in Justinian Reform Legislation, in Dumbarton Oaks Papers 40 (1986) 17—31; J. Meyendorff, Christian Marriage in Byzantium: The Canonical and Liturgical Tradition, in Dumbarton Oaks Papers 44 (1990) 99—107; L. Patsavos, Mixed Marriages and the Canonical Tradition of the Orthodox Church, in Greek Orthodox Theological Review 23 (1978) 242—256; J. Prader, Wesen und Spender des Ehesakramentes in den Unterschiedlichen Traditionen der Katholischen Kirche und der Nichtkatholischen Orientalischen Kirchen, in De Processibus Matrimonialibus 4 (1997) 155-179. 38 S. Scott, The Civil Law, Cincinnati 1932, 15:277; see also S. Troianos, The Novels of Leo VI the Wise, Athens 2007, 254-255. 35 Prader, Il matrimonio, 223.
