Theological conception of the power and privileges of the emperor and the patriarch in the Byzantine state according to “Eisagoge” (879-886)

During the reign of the founder of the Macedonian dynasty, emperor Basil I (867-886), a reform of state legislation was undertaken, the aim of which was the “purification” of the ancient laws (Άνακάθαρσσις τῶν παλαιῶν νόμων), their systematization and translation from Latin into Greek. In the course of this reform, between 879 and 886, a legal compendium, called the Eisagoge (Epanagoge) , was compiled. Its immediate compiler and author was St. Photius, Patriarch of Constantinople. The introductory part (προοίμιον) contains original theological ideas on the divine origin of state legislation and the justification of the principle of the rule of law. Title II (chapter) defines the duties and powers of the Emperor. Title III defines the duties, powers, and privileges of the Patriarch of Constantinople. The Eisagoge was rejected by Basil’s son and successor, Emperor Leo VI the Wise. Nevertheless, titles II and III of the Isagoge in 1335 were included in the Alphabetical Syntagma , a canonical compilation by hieromonk Matthew Blastares. These texts have since been perceived as actual norms of ecclesiastical law. The article shows the falsity of such a viewpoint. St. Photius tried to put into practice principles which were not peculiar to the Byzantine legal tradition, i. e. the subjection of the Emperor to written law, the separation of spiritual and civil powers, the equality of the Emperor and the Patriarch in the state hierarchy. Therefore, these texts should be seen as the expression of personal theological and political views of Patriarch Photius. It is from this point of view that they are of considerable interest for scholarly analysis.