i. A collection which was long attributed to John Scholasticus. Some MSS. name a certain Theodoretus Cyrrensis (or Cyprensis, Cytrensis), episcopus, as its au- thor. It contains the above-mentioned work of John Scholasticus in fifty titles, to each one of which is ap- pended the corresjionding vofxoi from the collection in eighty-seven chapters of the same author, to which is added an appendix containing twenty-one other chap- ters of the latter collection. The MSS., which differ on several points from each other, do not give the Avork the title of Nomocanon ; yet it was often designated by that name until the I6tli century (it is published in Yadlius and Justellus. Biblioth. jnr. can. ii, 603 sq.).
ii. A second collection, which has not come down to us. is known by the description of it contained in the third, known as the Nomocanon of Photius, of which it forms the basis. It seems to have consisted of two parts, the first containing the decrees of the early coun- cils, the so-called apostolic canons, and the decisions of the fathers, thus forming a collection of canons; the
NOMOCANONS
]61
NONCONFORMITY
second was a noraocanon divided into fourteen titles, in wliicb, to all canones quoted, were added extracts from the Justinian laws. This second part is to be found in the Cod. Bodlej. 715 (Laud. 73); see Zacharia3 Histoi: jur. Grceco-Roman. deUneatio (Heidelb. 1839), and Kritische Jahrb. f. deutsclie Rechtswissenschaft, vi, 983. This collection was written previously to the Concilium Quinisextum, in Trullo (092), and recent in- vestigations have rendered it probable that this and the above-mentioned work of the Pscudo-Balsamon are productions of the same author. See Biener, Beitrdge z. Revision d. Justinian. Codex (Berlin, 1833).
ili. A collection by Photius is of especial importance. It appeared in 883, and is divided into two parts. It is, in fact, but an improved and enlarged copy of the pre- ceding. Photius retained the first part of it, together with the introduction, and, as he states himself in an appendix to that introduction, completed it by means of the canon of the synods held since ; he also retained the nomocanon unchanged, only adding the more mod- ern decrees, as also some parallels from the civil law. In the MSS. the nomocanon is placed first, and the col- lection of canons after it, being then correctly designated as Si/n/af/ma canonum. Commentaries on this latter portion were written about 1120 by John Zonaras, and on the whole work in 1170 by Theodorus Balsaraon, who, however, arranged the divers parts in another or- der. His work was often published, the best edition being in the Bihliotheca jur. can. ii, 815 sq.; the Syn- taijma, with the commentaries of Zonaras and Balsa- mon, is to be found in the Beveregius Sijnodicofi (Oxon. 1672, fol.) ii, 2 ; the nomocanon alone, without com- mentaries, but with references to the canons, was pub- lished in the Spicileyium Roman. (Rome, 1842) vol. vii, from a MS. of the 12th century in the library of the Vat- ican.
iv. Notwithstanding the reputation which the col- lection of Photius obtained, it was found desirable to have one in better order; this want was satisfied by the Si/n/affina, written in 1335 by Matthxiis Blastares, which may correctly be classed among the nomocanons, although it does not bear that name. It contains 303 titles, arranged alphabetically according to the most im- portant word in their rubric, and comprising generally under each title first the canons, then the v6f.ioi ; yet under some titles are only iccivorig, (uuler others only v6(.iai. This work, which thus far is only to be found in the Beveregius Synodicon (ii, 2), acquired great re- nown in the Eastern Church. The great number of IMS. copies, some of them modern, shows that both this work and that of Photius have retained their reputation among the Greeks, even under the domination of the Turks. See Zachari* Hist. jur. GrcBco-Roman. § 54, 55.
V. The nomocanon of the notary Manuel Malaxus of Thebes, in 1561. See concerning it Zachariaj Ilistor. jur. Grceco- Roman, p. 89 sq. The value which the Greek Church still attaches to the collections of Photius and Blastares is proved by a work published at Athens after 1852, entitled ^vi'Tayfia ruiv Bttwv kciI iipioi' Kavovioi', consisting of six parts, the first of which contains the nomocanon of Photius, and the sixth the Syntagma of Blastares. See Biener, Das l-anon. Recht d. griechi- schen Kircke, in the Kritisch. Zeifschr.f. Rechtswiss. In the Russian Church there exists also a collection enti- tled Kormczaia Kniga, i. e. Book of the Pilot, which has been in use since the middle of the 17th century, containing the nomocanon of Photius, and which is even employed in civil law (see the Wiener Jahrhiicher d. Liter, vol. xxiii, xxv, xxxiii). In Scrvia, Moldavia, and Wallachia they have also retained the ancient Greek collections, namely, in the two first-named coun- tries the Syntagma of Blastares. In Wallachia a no- mocanon was published in the language of the country in 1652, and in 1722 a Latin translation of it: it con- tained the nomocanon of Malaxus. See Zachariaj Ilis- tor. jur, Grceco-Roman. deUneatio, § 57 ; Neigebauer, Das kanon, Recht d, morgenl. Kircke in der Moldau u. VII.— L
Wallackei, in Bulau's Jakr-b. Dec. 1847 ; Kritisch, Zeit- schriftf. Rechtswiss. xii, 408 sq.
Aside from the above-mentioned works, there are numerous other collections under the name of No/xoku- vovtq, Kavoi'cipia, Nu^/i/ia, which contain only canons; among them we find tiie Nomocanon Doxajxitris, and another from an unknown writer published in Coteleri- us, Eccles. Grmc. mumim. i, 68 sq. See Biener, Gesch. u, Novellen Justiniuii's (Berlin, 1824), p. 157 sq. ; id. Beitr. z, Revis, d. Justin, Codex (ibid. 1833), p. 25 sq, ; id. De collect, canon, eccl. Grcec. (Berol. 1827) ; id. A'««o«. Recht d. griech, Kirche, in the Krit, Zeitsch,/, Rechtsw. xxviii, 163.— Herzog, Real-Kncy/dojmdie, x, 408. (J. N. P.)