Stavros Markou
[Excerpt from the introduction of the Greek translation
posted by Mr. Nikolaos Mannis: “…an important text by the beloved brother in
Christ Mr. Stavros Markos, a former Matthewite who lives in Australia… If all
the factions of the G.O.C. — Matthewites and pseudo-Florinites — had understood
what our brother writes, the fragmentation would not have existed. May they
understand it, even at the eleventh hour...”]
An Introduction
to Councils and Canon Law
The Orthodox Church, since the
time of the Holy Apostles, has resolved quarrels or problems by convening
Councils. Thus, when the issue arose regarding circumcision and the Laws of
Moses, the Holy Apostles met in Jerusalem, as recorded in the Acts of the
Apostles (Chapter 15). The Holy Fathers thus imitated the Apostles by convening
Councils, whether general, regional, provincial or diocesan, in order to
resolve issues of practice. These Councils discussed and resolved matters of
Faith, affirming Orthodoxy (correct doctrine) while condemning heresies (false
teachings). The Councils also formulated ecclesiastical laws called Canons,
which either define good conduct or prescribe the level of punishment for bad
conduct. Some canons apply only to bishops, others to priests and deacons, and
others to lower clergy and laymen. Many canons apply to all ranks of the clergy
collectively. Several canons apply to the clergy and the laity alike.
The level of authority that a
Canon holds is discerned by the authority of the Council that affirmed the
Canon. Some Canons are universal and binding on the entire Church, while others
are only binding on a local scale. Also, a Canon is only an article of the law,
and is not the execution of the law. For a Canon to be executed, the proper
authority must put the Canon in force. The authority differs depending on the
rank of the person accused. According to the Canons themselves, a bishop
requires twelve bishops to be put on trial and for the canons to be applied
towards his condemnation. A presbyter requires six bishops to be put on trial
and condemned, and a deacon requires three bishops. The lower clergy and the
laymen require at least one bishop to place them on ecclesiastical trial or to
punish them by applying the canons to them. But in the case of laymen, a single
presbyter may execute the Canon if he has been granted the rank of pneumatikos,
and therefore has the bishop’s authority to remit sins and apply penances.
However, until this competent ecclesiastical authority has convened and
officially applied the Canons to the individual of whatever rank, that
individual is only “liable” to punishment, but has not yet been punished. For
the Canons do not execute themselves, but they must be executed by the entity
with authority to apply the Canons.
The Canons themselves offer three
forms of punishment, namely, deposition, excommunication and anathematization.
Deposition is applied to clergy. Excommunication is applied to laity.
Anathematization can be applied to either clergy or laity. Deposition does not
remove the priestly rank, but is simply a prohibition from the clergyman to
perform priestly functions. If the deposition is later revoked, the clergyman
does not require reordination. In the same way, excommunication does not remove
a layman’s baptism. It only prohibits the layman to commune. If the
excommunication is later lifted, the layman does not require rebaptism.
Anathematization causes the clergyman or layman to be cut off from the Church
and assigned to the devil. But even anathematizations can be revoked if the
clergyman or layman repents.
There Is a
Hierarchy of Authority in Canon Law
The authority of one Canon over
another is determined by the power of the Council the Canons were ratified by.
For example, a canon ratified by an Ecumenical Council overruled any canon
ratified by a local Council. The hierarchy of authority, from most binding
Canons to least, is as follows:
Apostolic Canons (Universal) refer
to those compiled by the Holy Apostles and their immediate successors. These
Canons were approved and confirmed by the First Ecumenical Council and
again by the Quinisext Council. Not even an Ecumenical Council can
overrule or overthrow an Apostolic Canon. There are only very few cases where
Ecumenical Councils have amended the command of an Apostolic Canon by either
strengthening or weakening it. But by no means were any Apostolic Canons
overruled or abolished. For instance, the 1st Apostolic Canon which states that
a bishop must be ordained by two or three other bishops. Several Canons of the
Ecumenical Councils declare that even two bishops do not suffice, but that a
bishop must be ordained by the consent of all the bishops in the province, and
the ordination itself must take place by no less than three bishops. This does
not abolish nor does it overrule the 1st Apostolic Canon, but rather it
confirms and reinforces the “spirit of the law” behind that original Canon.
Another example is the 5th Apostolic Canon states that Bishops, Presbyters and
Deacons are not permitted to put away their wives by force, on the pretext of
reverence. Meanwhile, the 12th Canon of Quinisext advise a bishop (or
presbyters who has been elected as a bishop) to first receive his wife’s
consent to separate and for both of them to become celibate. This does not
oppose the Apostolic Canon because it is not a separation by force but by
consent. The 13th Canon of Quinisext confirms the 5th Apostolic Canon by
prohibiting a presbyters or deacons to separate from his wife. Thus the 5th
Apostolic Canon is not abolished, but amended by an Ecumenical Council for the
good of the Church. After all, the laws exist to serve the Church and not to
enslave the Church. In the same way, Christ declared: “The sabbath was made
for man, and not man for the sabbath (Mark 2:27).”
Ecumenical Canons (Universal) are
those pronounced by Imperial or Ecumenical Councils. These
Councils received this name because they were convened by Roman Emperors who
were regarded to rule the Ecumene (i.e., “the known world”).
Ecumenical Councils all took place in or around Constantinople, also
known as New Rome, the Reigning City, or the Universal City. The
president was always the hierarch in attendance that happened to be the first‐among‐equals.
Ecumenical Councils cannot abolish Apostolic Canons, nor can they abolish
the Canons of previous Ecumenical Councils. But they can overrule Regional and
Patristic Canons.
Regional Canons (Universal) refer
to those ratified by Regional Councils that were later confirmed by an
Ecumenical Council. This approval gave these Regional Canons a universal
authority, almost equal to Ecumenical Canons. These Canons are not only valid
within the Regional Church in which the Council took place, but are valid for
all Orthodox Christians. For this reason the Canons of these approved Regional
Councils cannot be abolished, but must be treated as those of Ecumenical
Councils.
Patristic Canons (Universal) refer
to the Canons of individual Holy Fathers that were confirmed by an Ecumenical
Council. Their authority is only lesser than the Apostolic Canons, Ecumenical
Canons and Universal Regional Canons. But because they were approved by an
Ecumenical Council, these Patristic Canons binding on all Orthodox Christians.
Pan‐Orthodox Canons
(Universal) refer to those ratified by Pan‐Orthodox Councils. Since
Constantinople had fallen to the Ottomans in 1453, there could no longer be Imperial
or Ecumenical Councils, since there was no longer a ruling Emperor
of the Ecumene (the Roman or Byzantine Empire). But the Ottoman Sultan
appointed the Ecumenical Patriarch of Constantinople as both the political and
religious leader of the enslaved Roman Nation (all Orthodox Christians
within the Roman Empire, regardless of language or ethnic origin). In this
capacity, having replaced the Roman Emperor as leader of the Roman Orthodox
Christians, the Ecumenical Patriarch took the responsibility of convening General
Councils which were not called Ecumenical Councils (since there was no
longer an Ecumene), but instead were called Pan‐Orthodox Councils.
Since the Ecumenical Patriarch was also the first‐among‐equals of Orthodox
hierarchs, he would also preside over these Councils. Thus he became both the
convener and the president. The Primates of the other Patriarchates and
Autocephalous Churches were also invited, along with their Synods of Bishops.
If the Ecumenical Patriarch was absent or the one accused, the Patriarch of
Alexandria would preside over the Synod. If he too could not attend in person,
then the Patriarchs of Antioch or Jerusalem would preside. If no Patriarchs
could attend, but only send their representatives, these representatives would
not preside over the Council. Instead, whichever bishop present who held the
highest see would preside. In several chronologies, the Pan‐Orthodox Councils
are referred to as Ecumenical. In any case, the Canons pertaining to these
Councils are regarded to be universally binding for all Orthodox Christians.
National Canons (Local) are
those valid only within a particular National Church. The Canons of these
National Councils are only accepted if they are in agreement with the Canons
ratified by the above Apostolic, Ecumenical, Regional, Patristic and
Pan‐Orthodox Councils.
Provincial Canons are
those ratified by Councils called by a Metropolitan and his suffragan bishops.
They are only binding within that Metropolis.
Prefectural Canons are
those ratified by Councils called by a single bishop and his subordinate
clergy. They are only valid within that Diocese.
Parochial Canons are the
by‐laws of a local Parish or Mission, which are chartered and endorsed by the
Rector or Founder of a Parish and the Parish Council. These by‐laws are only
applicable within that Parish.
Monastic Canons are the
rules of a local Monastery or Monastic Order, which are chartered by the Abbot
or Founder of the Skete or Monastery. These by‐laws are only applicable within
that Monastery.
Sometimes Canons are only
recommendations explaining how clergy and laity are to conduct themselves.
Other times they are actually penalties to be executed upon laity and clergy
for their misdeeds. But the penalties contained within Canons are simply recommendations
and not the actual executions of the penalties themselves. The recommendation
of the law is one thing and the execution of the law is another.
Canon Law Can
Only Be Executed By Those With Authority
For the execution of the law to
take place it requires a competent authority to execute the law. A competent
authority is reckoned by the principle of “the greater judges the lesser.”
Thus, there are Canons that explain who has the authority to judge individuals
according to the Canons.
A layman can only be judged,
excommunicated or anathematized by his own bishop, or by his own priest,
provided the priest has the permission of his own bishop (i.e., a priest
who is a pneumatikos). This law is ratified by the 6th Canon of
Carthage, which has been made universal by the authority of the Sixth
Ecumenical Council. The Canon states: “The application of chrism and the
consecration of virgin girls shall not be done by Presbyters; nor shall it
be permissible for a Presbyter to reconcile anyone at a public liturgy. This
is the decision of all of us.” St. Nicodemus’ interprets the Canon as
follows: “The present Canon prohibits a priest from doing three things… and
remission of the penalty for a sin to a penitent, and thereafter through
communion of the Mysteries the reconciliation of him with God, to whom he had
become an enemy through sin, making him stand with the faithful, and
celebrating the Liturgy openly… For these three functions have to be exercised
by a bishop…. By permission of the bishop even a presbyter can reconcile
penitents, though. And read Ap. c. XXXIX, and c. XIX of the First EC. C.” Thus
the only authority competent to judge a layman is a bishop or a presbyter who
has the permission of his bishop to do so. However, those who are among the low
rank of clergy (readers, subdeacons, etc) require their own local bishop to try
them, because a presbyter cannot depose them.
A deacon can only be judged by
his own local bishop together with three other bishops, and a presbyter can
only be judged by his own local bishop together with six other bishops. The
28th Canon of Carthage thus states: “If Presbyters or Deacons be accused,
the legal number of Bishops selected from the nearby locality, whom the accused
demand, shall be empaneled — that is, in the case of a Presbyter six, of a
Deacon three, together with the Bishop of the accused — to investigate their
causes; the same form being observed in respect of days, and of postponements,
and of examinations, and of persons, as between accusers and accused. As for
the rest of the Clerics, the local Bishop alone shall hear and conclude their
causes.” Thus, one bishop is insufficient to submit a priest or deacon to
trial or deposition. This can only be done by a Synod of Bishops with enough
bishops present to validly apply the canons. The amount of bishops necessary to
judge and depose a priest are seven (one local plus six others), and for a
deacon the minimum amount of bishops is four (one local plus three others).
A bishop must be judged by his
own metropolitan together with at least twelve other bishops. If the province
does not have twelve bishops, they must invite bishops from other provinces to
take part in the trial and deposition. Thus the 12th Canon of Carthage states: “If
any Bishop fall liable to any charges, which is to be deprecated, and an
emergency arises due to the fact that not many can convene, lest he be left
exposed to such charges, these may be heard by twelve Bishops, or in the case
of a Presbyter, by six Bishops besides his own; or in the case of a Deacon, by
three.” Notice that the amount of twelve bishops is the minimum requirement
and not the maximum. The maximum is for all the bishops, even if they are over
one hundred in number, to convene for the sake of deposing a bishop. But if
this cannot take place, twelve bishops assisting the metropolitan suffice.
Therefore, unless a bishop is judged and condemned to deposition by his own
metropolitan and at least twelve other bishops, the accused bishop is not
legally condemned nor deposed. This is also confirmed by the 2nd Canon of the
Regional Council of Constantinople: “We enact that hereafter that a
responsible Bishop when being tried can be deposed neither by three nor much
less by two, but only by vote of a larger Council, and if possible of all the
provincials, just as the Apostolic Canons also decreed, in order that the
condemnation of one deserving to be deposed may be shown by a vote of the
majority, in the presence of the one being tried, with greater accuracy.” Thus
any bishop accused of heresy or uncanonical acts can only be deposed by a
living council of bishops that has the authority to do so, which means a
council called by the Metropolitan and all the bishops of the province, or,
according to Carthage, no less than twelve bishops. As for a Metropolitan, he
can only be judged by a Synod presided over by his own Patriarch or Ethnarch,
and attended by all the bishops of the local Church. In the case wherein the
Patriarch or an Ethnarch is to be deposed, this trial an deposition can only be
enacted by an Ecumenical or Pan‐Orthodox Council consisting of other
Patriarchs, Metropolitans and Bishops, and such was always the case in
ecclesiastical history. Thus Patriarch Nestorius of New Rome was deposed by the
Third Ecumenical Council. Patriarch Dioscorus of Alexandria was deposed by the
Fourth Ecumenical Council. Several Patriarchs were deposed by the Sixth
Ecumencial Council. In 1054, the Pope of Rome was deposed by a Pan‐Orthodox
Council. Ecumenical Patriarch Cyril Lukaris was deposed by a Pan‐Orthodox
Council held in Jerusalem. And so on and so forth.
Thus there is a hierarchy of
authority in Canon Law, but there is also a hierarchy of authority when it
comes to who is eligible to execute the Canon Law. A layman can only be
excommunicated by his own bishop, or by his own presbyter who has the blessing
of the bishop. A reader or subdeacon can only be deposed by his own bishop. A
deacon can only be deposed by his own bishop and three other bishops. A
presbyter can only be deposed by his own bishop and six other bishops. A bishop
can only be deposed by his own metropolitan and twelve other bishops. A
metropolitan can only be deposed by his own patriarch and at least twelve other
metropolitans and bishops. A patriarch can only be deposed by an Ecumenical or
Pan‐Orthodox Council consisting of several patriarchs, metropolitans and
bishops. Thereby the “lesser is judged by the greater.” If this procedure is
not carried out, then even if the accused are liable to excommunication,
deposition or anathematization, they remain only liable and not truly condemned
until a valid authority condemns them. This is the law of the Church and it
cannot be abolished.
Until the
Accused are Judged by Their Canonical Authority, They Are Not Yet Truly
Deposed, Excommunicated or Anathematized
Until the above canonical process
takes place, the accused layman, reader, subdeacon, deacon, presbyter, bishop,
metropolitan or patriarch is neither deposed nor anathematized. Even if the
Holy Canons of the Apostles, Ecumenical Councils, Regional Councils or Holy
Fathers, may suggest that the one accused be penalized, this penalty does not
fall upon the accused until the living authority (be it the diocesan council,
regional council or general council) executes the excommunication, deposition
or anathematization. For the Holy Canons themselves are simply recommendations
or penalties. They are not automatic executions of the law. The execution of
the law must take place by the competent ecclesiastical authority depending on
the case.
It is for this reason that the
majority of canons word the penalty as “let him be deposed,” or “let him be
excommunicated,” or “let him be anathema,” instead of “he is already deposed,”
or “he is already excommunicated,” or “he is already anathema.” This is not
only true in regards to violations of practice, but even in regards to
violations of the Faith. For even anathemas are not executed by the Canons
themselves. On the contrary, the anathemas only fall upon the head of the
accused when a living ecclesiastical authority applies the Canons and hurls the
anathemas upon the accused individual by name. Thus, if a layman, reader,
subdeacon, deacon, presbyter, bishop, metropolitan or patriarch begins
preaching heresy “with bared head,” and they fail to repent of this heresy, and
especially if this heresy has been condemned by previous Councils of the
Church, then such an individual is most certainly “worthy of anathema,” or
“liable to be anathematized,” but it is only when a competent ecclesiastical
authority actually judges and anathematizes the accused, that the latter can be
called “already anathematized.”
St. Nicodemus of Athos, in a
footnote contained in the Rudder, makes this perfectly clear. His explanation
is provided below:
We must know
that the penalties provided by the canons, such as deposition, excommunication,
and anathematization, are imposed in the third person according to grammatical
usage, there being no imperative available. In such cases in order to express a
command, the second person would be necessary. I will explain the matter
better. The canons command the council of living bishops to depose the
priests, or to excommunicate them, or to anathematize laymen who violate
the canons. Yet, if the council does not actually effect the deposition of the
priests, or the excommunication, or the anathematization of the laymen, they
are neither actually deposed, nor excommunicated, nor anathematized.
They are,
however, liable to stand judicial trial – here, with regard to
deposition, excommunication, and anathematization, but there with regard
to divine vengeance. Just as when a king commands his slave to whip another who
did something that offended him, if the slave in question fails to execute the
kingʹs command, he will nevertheless be liable to trial for the whipping.
So, those silly
men make a great mistake who say that at the present time all those in holy
orders who have been ordained contrary to the canons are actually deposed from
office. It is an inquisitional tongue that foolishly twaddles thus without
understanding that the command of the canons, without the practical
activity of the second person, or, more plainly speaking, of the council, remains
unexecuted, since it does not act of itself and by itself
immediately and before judgment.
The Apostles
themselves explain themselves in their c. XLVI unmistakenly, since they do not
say that any bishop or presbyter who accepts a baptism performed by heretics is
already and at once deposed, but rather they command that
he be deposed, or, at any rate, that he stand trial, and if it be proven that
he did so, then ‘we command that he be stripped of holy orders,’ they say, ‘by your
decision.’
Therefore, even if a previous
council, be it even Ecumenical or Pan‐Orthodox, has directed that innovators be
anathematized, this is only the recommendation and not the execution of the
anathema. The anathema only becomes executed upon the innovators when a
competent ecclesiastical authority applies the canons and the anathemas to the
innovators in question. If the innovators are layman, a bishop suffices to do
this. If the innovators are deacons, then only their own bishop and three other
bishops have the authority to anathematize them. If the accused are priests,
then only their own bishop and six other bishops have the authority to do this.
If the innovators are bishops, then only their own metropolitan, and twelve
other bishops have the authority to anathematize them. If those preaching
heresy are patriarchs or ethnarchs, then only a Pan‐Orthodox Council consisting
of patriarchs, metropolitans, bishops, presbyters and deacons, can anathematize
them.
The Meaning of
Anathema and Who Has the Authority to Hurl It
In order to understand the
meaning of anathema, the explanation of St. Nicodemus of Athos, as contained in
the rudder, is provided below:
The word
anathema (written with epsilon in Greek) means, on the one hand, that
which has been separated from men and consecrated to God — in which sense it is
also written with eta in Greek — and, on the other hand, that which has
been separated from God and from the Christian Church and consecrated to the
devil, in which sense the spelling with epsilon has prevailed for the
most part, and not that with eta. And just as one does not dare take
hold of or even to touch anything that has been anathematized (in the first
sense), or consecrated to God, because of one’s being bound to honor and
respect God — for “every anathema that any man may devote unto the Lord
shall be a holy of holies to the Lord” (Lev. 27:28), says the Bible — so
and in like manner also in the case of that person who has been separated from
God and from the Church, and has become an anathema to the devil, no one dares
to associate or communicate with him, but, on the contrary, all the faithful
keep away from him. So that both the one and the other anathema, in so far as
they imply separation from men, do not differ from each other, but in so far as
one implies consecration to God, and the other implies consecration to the
devil, each is exceedingly contrary to the other.
Hence Chrysostom
in speaking about the second kind of anathema, in the discourse he has written
to the effect that one ought not to anathematize anyone living or dead (Vol.
V), says: “What else can be the meaning of the anathema you utter, Ο man, than
that you wish the person in question to be consecrated (or, as we say in
English, consigned) to the devil, and to have no longer any possibility of
salvation, to be estranged, in fact, from Christ?” And again (he says): “An
anathema utterly separates and cuts off a person from Christ.” In Vol. IV (page
880. 3.), in interpreting ch. 23 of the Acts, wherein it is said that those
forty Jews anathematized themselves (Note of Translator. — The English
Version has this translated “bound themselves under a great curse,” though the
Greek text of the New Testament says verbatim “we have anathematized
ourselves with an anathema”) if they failed to have St. Paul put to death — in
interpreting this passage, I repeat, he says: “What is the meaning of ‘they
anathematized’?” It stands for “they said they would outside of faith in God
unless they did what seemed fit to them against Paul.”
In the
justificatory appendix to the Seventh Ec. C. Tarasius says: “An anathema is a
terrible thing, because it puts a man far away from God, and chases him from
the kingdom of heaven, and sends him to the outer darkness” (page 724 of vol.
II of the Conciliar Records). These facts having been thus made known
beforehand, some persons (such as Blastaris and Balsamon) have unseasonably
criticized the present Council for the anathema it pronounces, as they have
done in citing in evidence divine Chrysostom: first, because in the foregoing
discourse Chrysostom, true enough, does forbid any man to anathematize anyone,
living or dead, where he says: “What then? Do you dare, Ο man, to utter that
anathema which no one dared to pronounce of those who received authority to do
so, when you are doing something that is contrary to the Lord’s death, and are
forestalling the King’s judgment?”
But he does not
prohibit a Council from doing this. For he himself says again in the same
discourse: “So what? Did you receive so great authority as be entitled to
anathematize anyone? — which authority to anathematize is something that was
received by only the Apostles and those who became in all strictness successors
of the Apostles and who were full of grace and power?” For it is patent that
the Fathers of this just as all the other Fathers of the rest of the Councils,
and especially those of the Ecumenical Councils, anathematized in their Acts
heretics, on the score that they too possessed the same authority as successors
of the Apostles, as is to be seen in their minutes. Secondly, because at the
end of the above discourse the same Chrysostom says that we ought to
anathematize heretical tenets, and to censure them, though as regards the men,
the heretics, that is to say, he says that we ought to be sorry for them (St.
Barsanuphius adds that one ought not to anathematize not merely heretics, but
even the devil himself, because he is anathematizing himself in that he is
guilty of liking and doing the wishes and works of the devil).
The truth of the
matter, however, is that the present Council [i.e. that of Gangra] made
excessive use of the anathema, not only as against the heretical and
schismatical views of Eustathius, but also as against those improprieties which
are remedied by other Canons with only excommunication of laymen and deposition
of those in holy orders. For in regard to one who fasts on Sunday, and one who
goes to church privately, the Apostolic Canons merely depose him from office if
he is a person in holy orders, or merely excommunicates him if he is a layman;
whereas the present Council anathematizes him. But it prescribed this
chastisement for two reasons: first, as Blastaris says, to prevent the evil,
which had at that time become excessively rampant, by means of this excessive
penalty; secondly, in order to have the adherents of Eustathius anathematize
every view of theirs exactly as is prescribed in every Canon, when they came to
join the Orthodox faith, by declaring, for instance, as fellows: “If anyone
disparages marriage, let him be anathema. If anyone do this, and the rest, let
him be anathema.” This, or the like, they were to say, in order to ensure
belief and conviction in others that they had truly come to hate their own
views and on this account were anathematizing them. In verification of this
explanation we find the letter of the present Council to Armenia saying: “But
if the Eustathians regret and anathematize each one of these wrong utterances,
they are to be accepted. For this reason the holy Council has set forth each
single view which they must anathematize in order to be accepted.”
Note that the
Apostle uttered an anathema only four times: once against those who do not love
the Lord, in 1 Cor. 16:22: “If anyone love not the Lord Jesus Christ, let
him be anathema”; and twice in the Epistle to the Galatians, against those
who preach anything outside of the gospel which has been handed down; and once
in the Epistle to the Romans. The rest of the Canons pronounce an anathema only
eleven times. For c. II of Chalcedon (i.e., the 4th Ec. C.) anathematizes those
laymen or monks who act as go‐betweens to have someone ordained for money; c.
VII of the same C. anathematizes monks who go into the army or seek to obtain
worldly offices or dignities and fail to return. Its c. XV anathematizes a
deaconess who gives herself in marriage to a man. Its c. XXVII anathematizes
those men who grab women. The Council held in Laodicea pronounces an anathema
three times, in its cc. XXIX, XXXIV, and XXXV; and that held in Carthage, in
two of its canons, namely, X and XI. The third Canon of the Council held in St.
Sophia (Holy Wisdom) (in Constantinople) anathematizes anyone who strikes a
bishop or puts him in prison. Canon LXXXVIII of St. Basil said that Presbyter
Gregory should be anathematized if he failed to get rid of the housekeeper he
was harboring.
Note, moreover,
the fact that, since, according to Chrysostom, Christians ought not to be
anathematized, so long as they cherish Orthodox views about God, that is to
say, therefore, according to Balsamon and Philotheus (patriarch) of
Constantinople, both the Tome made in the reign of Constantine Porphyrogenitus,
and that made in the reign of Manuel Comnenus and of Palaeologus have become
void and invalid because they anathematized persons who deserted Emperors or
Kings (page 288 of Juris Graeco‐Romani).
Thus it is quite clear from the
above explanation by St. Nicodemus that only a valid Council of Bishops with
authority (that is, of a higher level in the hierarchical structure explained
earlier) has the ability to hurl an anathema on a layman, reader, subdeacon,
deacon, presbyter, bishop, metropolitan or patriarch. The competent authority
varies according to the rank of the one accused of heresy and liable to the
anathema. By no means can a laymen anathematize a priest. Nor can a priest
anathematize his bishop. Nor can a bishop anathematize a metropolitan or a
patriarch. But a council of patriarchs, metropolitans and bishops can
anathematize a patriarch. A council of a metropolitan and twelve bishops can
anathematize a bishop. A council of a bishop and seven neighboring bishops can
anathematize a priest. A council of a bishop and three neighboring bishops can
anathematize a deacon. And a bishop alone can anathematize a subdeacon, reader
or layman, if the canons suggest that this should be done. To enact anything
contrary to this structure is a defiance of the canons, a defiance of the
canonical law of the Church, and a defiance of the Church itself, which exists
in this God‐given structure.
Severing
Communion Prior to the Synodal Condemnation
Just as it is impossible for a
layman to anathematize his priest, or for a priest to anathematize his own
bishop, for a bishop his metropolitan, or a metropolitan his patriarch, in a
like manner, it is forbidden for any layman to sever communion with his priest,
or a priest from his bishop, or a bishop from his metropolitan, or a
metropolitan from his patriarch. For only the higher authority can judge,
anathematize and excommunicate (that is, remove from communion) anyone subject
to their authority. The only exception is if it is a matter of heresy
previously condemned by Ecumenical Councils. Aside from this exception, it is
absolutely unacceptable for severing of communion to take place by any means.
This rule is defined by the following Holy Canons of the First‐and‐Second
(Twice‐Held) Council under Patriarch St. Photius the Great:
The 12th Canon condemns priests
who abandon their churches and begin praying in private homes or prayer houses
when there is no reason of heresy for them to be doing so: “Besides the fact
that the holy and Ecumenical Sixth Council has made liable to deposition from
office clerics who are officiating or baptizing within a home in prayer‐houses
without the consent and approval of the bishop, we too join hands with that
Council in condemning them likewise. For inasmuch as the holy Church is
expounding the faith straightforwardly and soundly, and is professing and
defending the true word, and is both maintaining and teaching outright the
decorum regulating conduct in actual life, it is dissonant and undevout to
relegate those living together with uneducatedness to their own roles, to
vitiate her good order, and to permeate her with troubles and scandals galore.
Wherefore the present sacred Council in coop‐eration with God, and in agreement
with the Ecumenical and holy Sixth Council, has decreed that those who are
officiating within a private home in prayerhouses are declericated, that is to
say, the declerication being awarded them by the local bishop. But if any other
persons than these, without the bishop’s lending his good will, should fall
into those roles and dare to touch the liturgy, they are to be deposed from
office, whereas those on the other hand who partook of their communion are to
undergo excommunication.”
The 13th Canon forbids presbyters
and deacons from separating from their bishop prior to the investigation, trial
and condemnation of a Synod of Bishops with authority to conduct these: “The
All‐evil One having planted the seed of heretical tares in the Church of
Christ, and seeing these being cut down to the roots with the sword of the
Spirit, took a different course of trickery by attempting to divide the body of
Christ by means of the madness of the schismatics. But, checking even this plot
of his, the holy Council has decreed that henceforth if any Presbyter or
Deacon, on the alleged ground that his own bishop has been condemned for
certain crimes, before a conciliar or synodal hearing and investigation has
been made, should dare to secede from his communion, and fail to mention his
name in the sacred prayers of the liturgical services in accordance with the
custom handed down in the Church, he shall be subject to prompt deposition from
office and shall be stripped of every prelatic honor. For anyone who has been
established in the rank of Presbyter and forestalls the Metropolitan’s
judgment, and, judging matters before a trial has been held, insofar as lies in
his power, condemns his own father and Bishop, he is not even worthy of the
honor or name of Presbyter. Those, on the other hand, who go along with him, in
case any of them should be among those in holy orders, they too shall forfeit
their own rights to honor, or, in case they should be monks or laymen, let them
be utterly excommunicated from the Church until such time as they spew upon and
openly renounce all connection with the schismatics and decide to return to
their own Bishop.”
The 14th Canon forbids bishops
from separating from their Metropolitans prior to the convention of a Synod of
Bishops to judge the Metropolitan: “If any Bishop, on the allegation that
charges of crime lie against his own Metropolitan, shall secede or apostatize
from him before a conciliar or synodal verdict has been issued against him, and
shall abstain from communion with him, and fail to mention his name, in
accordance with consuetude, in the course of the divine mystagogy (i.e.,
liturgical celebration of the Eucharistic mystery), the holy Council has
decreed that he shall be deposed from office, if merely by seceding from his
own Metropolitan he shall create a schism. For everyone ought to know his own
bounds, and neither ought a presbyter treat his own bishop scornfully or
contemptuously, nor ought a bishop to treat his own Metropolitan so.”
The 15th Canon likewise forbids a
Metropolitan to sever communion with his own Patriarch prior to a Synodal trial
and condemnation: “The rules laid down with reference to Presbyters and
Bishops and Metropolitans are still more applicable to Patriarchs. So that in
case any Presbyter or Bishop or Metropolitan dares to secede or apostatize from
the communion of his own Patriarch, and fails to mention the latter’s name in
accordance with custom duly fixed and ordained, in the divine Mystagogy, but,
before a conciliar verdict has been pronounced and has passed judgment against
him, creates a schism, the holy Council has decreed that this person shall be
held an alien to every priestly function if only he be convicted of having
committed this transgression of the law. Accordingly, these rules have been
sealed and ordained as respecting those persons who under the pretext of
charges against their own presidents stand aloof, and create a schism, and
disrupt the union of the Church…”
In the same Canon, however, an
exception is made: “But as for those persons, on the other hand, who, on
account of some heresy condemned by holy Councils, or Fathers, withdrawing
themselves from communion with their president, who, that is to say, is
preaching the heresy publicly, and teaching it bareheadedly in church, such
persons not only are not subject to any canonical penalty on account of their
having walled themselves off from any and all communion with the one called a
Bishop before any conciliar or synodal verdict has been rendered, but, on the contrary,
they shall be deemed worthy to enjoy the honor which befits them among Orthodox
Christians. For they have defied, not Bishops, but pseudo‐bishops and
pseudo‐teachers; and they have not sundered the union of the Church with any
schism, but, on the contrary, have been sedulous to rescue the Church from
schisms and divisions.”
But this walling off from one’s
ecclesiastical president prior to his official condemnation does not mean that
the condemnation is unnecessary. It most certainly is necessary and must take
place in the future. But in order to protect oneself from the heresies preached
by the president, one is permitted to sever communion prematurely. Thus, this
canon by no means disqualifies the necessity of a Council of Bishops to judge
the one preaching heresy. For without the judgment, the heretic retains his
post. To repeat the words of St. Nicodemus: “Yet, if the council does not
actually effect the deposition of the priests, or the excommunication, or the
anathematization of the laymen, they are neither actually deposed, nor
excommunicated, nor anathematized.”
Original English Source:
https://web.archive.org/web/20110812082647/http://www.genuineorthodoxchurch.net/images/livingsynodofbishops.pdf
Partial Greek
translation:
https://krufo-sxoleio.blogspot.com/2026/04/blog-post_24.html