Professor
Alexander A. Bogolepov

1. The Establishment of a New
Local Church as a Problem of Orthodox Canon Law.
The way in which new Orthodox Local Churches are established
is of special significance for Orthodox Canon Law. As a legal problem, the
establishment of a new Church is significant, for opposite reasons, neither to
Catholicism nor Protestantism.
According to Roman Catholic teaching, the Church is One, not
only because all her members profess the same faith and join in a common
worship, but also because they are united by the guidance of the infallible
successor of St. Peter, the Roman Pontiff. The unity of the Roman Catholic
Church eliminates the possibility of any lawful separation from her. No new
Church can be organized from the parts of the Roman Church and legitimately
become independent. From the Roman point of view, the true Christian Church can
exist only under the authority of the Pope of Rome, the Visible Head of the
Church and Christ's Vicar on Earth; those Christians who are outside of the
Roman Church are heretics or schismatics. Ecclesiastical bodies existing
separately from the Roman Catholic Church can be united with her only on the
condition of their complete subordination to the Pope.
Unlike Catholics, Protestants recognize the possibility of
organizing new religious communities. Since preaching the Word of God is
considered the basic task of the Church, each group of believers may, in their
struggle for the right understanding of the Gospel, organize their own
community with their own clergy. In Protestant practice, the establishment of a
new body of clergy presents no specific difficulties. It can even be
established by the community itself. Since Protestantism recognizes the absolute
supremacy of the Word, the Church is considered as founded on the teaching of
Christ, that is "on Christ" but not "by Christ" and His
Apostles. In their fight against the Roman Catholic Church the Protestants
rejected the idea of the uninterrupted succession of the spiritual authority
from the Apostles. Only churches of the Anglican communion recognize the
Apostolic succession in principle. Since the appointment of pastors and
ministers in the Protestant Church is not connected with the reception of
hierarchal authority from the successors of the Apostles, it does not,
therefore, depend on an existing hierarchy but rather depends solely on the
community of believers. From the point of view of the Protestant ecclesiology,
nothing stands in the way of the separation of one or several communities from
established Protestant Churches and for the organization of new Protestant
Churches. Complications may arise from civil authorities concerning the
activities of ecclesiastical associations of citizens, but not from the
Protestant concept of the Church. In spite of the desire for unity,
Protestantism is, in reality, not one Church but an aggregation of many
Protestant churches and communities which differ from one another both in their
teachings and their structures.
The Orthodox Church retained the concept of Church unity
which existed during the time of the seven Ecumenical Councils. She is a unity
in plurality of Sister-Churches, some of whom can have only the privileges of
honor. Her unity does not consist in the subordination to one single head. She
recognizes no one to have been empowered by Christ to be His Vicar on earth and
to have an indisputable authority above the whole of His Church. The deep
spiritual unity of the Sister- Churches consists in the unity of faith, church
tradition, basic features of canonical structure and divine services, as well
as in the recognition only of that hierarchy which inherited its authority from
the Apostles — from all the Apostles, and not just from Peter. The Orthodox
Church greatly values the connection of her hierarchy with the Apostles and
through them with Christ Himself and she firmly retains the principle of
Apostolic succession of hierarchal authority. With regard to the administration
of internal affairs, the Sister-Churches enjoy the right of self-government and
have independent ruling bodies. Administrative independence is provided for by
differences in local usages but it is connected with a strong adherence to the
basic principles of faith and church order. The highest expressions of this
unity were the Ecumenical Councils.
Since the time of the Ecumenical Councils, the unity of the
Church has been expressed in meetings of the Heads of the various Churches as
well as in their correspondence with one another and in letters notifying
others as to their accession to their sees, in reciprocal visits, and in the
exchanges of delegations. Besides all this, the previous intercommunion in
sacraments and worship has always been retained in full. Bishops and priests of
one Local Church worship together with the bishops and priests of another
Sister-Church; members of one Church partake in the sacraments and worship of
other Churches. In this way the community of spiritual life and the unity of
the whole Body of the Orthodox Church are secured, and an unrestricted
subdivision of church structure as is found in the Protestant Church is thereby
eliminated.
The first four Ecumenical Councils not only recognized the
principle that the Church consists of several administratively independent
Local Churches but they also established new Local Churches. In this way the
possibility was given for establishing new Local Churches, whose number has
never been limited.
The possibility that the number of Local Churches may expand
creates the problem of establishing the canonical requirements for setting up
such a new Local Church. This problem is more complicated in Orthodox Canon Law
than it is for Protestants because under Orthodox Canon Law, the establishment
of new independent self-governing Local Orthodox Churches is bound up with the
observance of certain requirements, such as securing the Apostolic succession
of hierarchal authority and maintaining unity among the Sister-Churches.
2. Canonical Requirements for
Establishing a New Local Church.
The requirements for establishing new local churches are
closely connected with peculiar features of their canonical position. The
Orthodox Sister-Churches are autocephalous churches. We would search in vain
for the word "autocephalous" in the canons adopted by the Ecumenical
Councils. It was introduced by practice, and its meaning changed with the
course of history. Later, the term "autocephalous" (in
Greek—"Himself the head") was used to denote a self-governing
independent church, a concept that had already been elaborated by the
Ecumenical Councils.
Having recognized each of the five civil dioceses of the
prefecture of the East as independent churches, the Second Ecumenical Council
determined that "The bishops of Alexandria, Antioch, Asia (Minor), Pontus,
and Thrace," may "alone administer the affairs of their
dioceses," without any interference from other ecclesiastical authorities,
(Canon 2). Defending the independence of the Church of Carthage, the African
Council of 424 also insisted in its letter to Pope Celestine, "That all
matters should be determined in the places where they arise." In addition,
at the time that it recognized the independence of the Churches of Cyprus from
the Church of Antioch, the Third Ecumenical Council declared that, "The
rulers of the Holy Churches of Cyprus shall enjoy, without dispute or
diminution,... the right of performing for themselves the ordination of their
excellent Bishops" (Canon 8). Among the three bishops of Cyprus, who
presented their petition to the Third Ecumenical Council, the newly elected
head of the Church of Cyprus, Bishop Reginus, was also present at Ephesus. His
election by the bishops of Cyprus was recognized as canonically valid: an
autocephalous Church can appoint her head herself. Therefore, there are two
distinguishing marks of an autocephalous Church:
(1) The
right to resolve all internal problems on her own authority, independently of
all other churches, and
(2)
The right to appoint her own bishops, among them the head of the Church.
Accordingly, a part of the Orthodox Church claiming to be
autocephalous must be sufficiently mature to organize its own ecclesiastical
life; it must have a sufficient number of parishes and parishioners, the
possibility of training new clergymen, and a hierarchy canonically capable of
making subsequent appointments of new bishops. As to the latter, canonically
very important, requirement, the canons distinguish between (a) the
appointment of a bishop; i.e., the designation of a person to hold the office
of bishop, and (b) the ordination or consecration of the bishop.
According to the Fourth Canon of the First Ecumenical Council, the appointment
of a bishop can be made by "at
least" three bishops of the Provincial Council of Bishops, and
"then the ordination should take place." As to the ordination, it can
be performed by as few as two bishops (Apost. Can. 1); but it can take place
only after the candidate had been appointed by the assembly of at least three
ruling bishops, since the Provincial Council of Bishops consists only of
bishops who administer dioceses belonging to the metropolitan district. If the
number of ruling bishops of one Orthodox region is less than three, then this
region cannot be proclaimed "autocephalous," since it is canonically
unable to provide new bishops for itself.
Authority to appoint and ordain a new bishop exists only
when the three ruling bishops of an ecclesiastical region are themselves duly
appointed and ordained, which means that they also had to be appointed and
ordained by ruling bishops of one of the Autocephalous Orthodox Churches having
the "right of performing for themselves the ordination of their excellent
bishops" (Ephes. Can. 8). Since no autocephalous Church has the right to
appoint bishops for any but her own dioceses, a bishop of a new Church originally
had to be appointed by ruling bishops of one of the established Autocephalous
Churches to a diocese of that particular Church. As a result, the whole church
region claiming autocephalous status must be a part of an Autocephalous Church,
her diocese, or her mission.
This rule had been deeply rooted in the practice of the
Orthodox Church. Before proclaiming her independence in 1448, the Russian
Church had been a metropolitan district of the Church of Constantinople. In the
XIX and XX centuries, the newly established churches of Greece, Serbia,
Romania, Bulgaria, and Albania, were also dioceses of the Patriarchate of
Constantinople. The Polish Orthodox Church was formed from dioceses of the
Russian Church. The Church of Czechoslovakia included diocesan districts which
were under the jurisdiction of the Churches of Russia and Serbia, as well as
some former Uniate dioceses which came under the jurisdiction of Moscow. The
autonomous Churches of Finland and China originated from parts of the Russian
Church.
New churches always originate from existing autocephalous
Churches, and the whole Orthodox Church is like a tree which sends its branches
in different directions; nevertheless, all the branches are fed by one sap and
live one life. In this way the uninterrupted succession from the Apostles has
really been preserved. Any ecclesiastical region which was not a part of an
Autocephalous Local Church and whose administration was not organized by that
Church, may not claim to be autocephalous.
The presence of three canonically approved bishops as well
as the canonical origin from one of the Autocephalous Churches, however, gives
the right to claim an independent ecclesiastical administration only if that
region is located in a state independent of that of its Mother Church. This
requirement developed in the course of long church practice, beginning with the
IXth century. It derived from a system of establishing new churches during the
time of the Ecumenical Councils. For practical considerations, ecclesiastical
districts were established from the very beginning of the Christian era in
conformity with the political division of the Roman Empire. Later on, this
practice was confirmed by the 17th Canon of the Council of Chalcedon, which
stated: "Let the order of the ecclesiastical parishes follow the political
and municipal pattern." The same regulation was renewed by the 38th Canon
of the Trullan Council, which reads: "Let the order of things
ecclesiastical follow the civil and public models." Since the political
division of the Roman Empire was based on the territorial principle, the same
territorial principle was also applied to the determination of the borders of
ecclesiastical districts.
In the course of its historical development, the Roman
Empire included in its boundaries some formerly independent states with a
population consisting of different nationalities. Consequently, its political
and administrative division reflected, to a certain extent, the national
character of the countries absorbed. National peculiarities of the different
regions were much more preserved in the lower administrative districts than in
the higher ones, but the territorial principle was paramount whereas the national
principle was always subordinate. Following the civil and public models, the
administrative division of the Church also reflected, to some extent, the
national composition of the Roman Empire.
The 34th Apostolic Canon mentions the national principle in
the lower church districts; according to this canon, "The bishop of every
nation (ethnos), must acknowledge him who is first among them." The
language of this canon has been cited to support the contention that the nation
should be the basis of Church organization; however, the Council of Antioch of
341 gave the most authoritative interpretation to the word "Nation" (ethnos).
Its canon 9 explains "nation" (ethnos), not as meaning a
people bound together by ties of blood, language, and customs, but as meaning a
"province," as the administrative subdivision of the civil diocese of
the Roman Empire. The 9th Canon of Antioch, which in effect reproduces the 34th
Apostolic Canon, reads: "It behooves the bishops in every province (in
Greek — eparchia) to acknowledge the bishop who presides in the
metropolis." Thus, in the middle of the IVth century the territorial
principle was recognized as paramount for the establishment and government of
ecclesiastical districts, regardless of whether or not it conformed to the
national principle. The national principle was significant only so far as it
coincided with the territorial principle, but it could never override it.
Later in the history of the Orthodox Canon Law, this
correlation of the territorial and the national principles was interpreted to
mean that a new autocephalous church could only be established for a nation
lying within the borders of a state independent of that of the Mother Church.
From the IXth century, this point of view was accepted by the new Balkan
nations: Bulgaria, Serbia, and Romania. These had all received Christianity
from Constantinople; the Church in these states had the same quality as that of
Byzantium, i.e., was a state-church. After these nations had acquired their
independence, efforts were made to withdraw their churches from subordination
to Constantinople and to establish them as independent church administrations.
After all the others, the Russian Church went the same way.
In the Kormchaya Kniga (The Rudder) published by
Patriarch Nikon in 1653, the establishment of these new churches, as well as
the secession of the Russian Church from the Patriarchate of Constantinople,
was justified. In the introductory chapters of the Kormchaya Kniga it
was explained that the reception of Christianity from Constantinople does not
mean that the Church must be subordinated to the Patriarch of Constantinople
forever. If a nation has established an independent state, not subordinate to
the Greek Empire, and if the Local Church gradually becomes stronger, it may in
time become self-governing and independent. The initiative can be taken, as was
the case with the Bulgarian Church, by the Tsar, who very "justly"
decided to nominate a Patriarch by the Bulgarian Bishops Sobor in Trnovo. It is
also possible to obtain the necessary consent of the Greek Emperor and the
Patriarch, as occurred in Serbia, where the Patriarch was appointed by the
local bishops. As for Russia, the Kormchaya Kniga stressed the extreme
significance of the Russian Principality since ancient times and the subsequent
high authority of the Russian Tsar, describing the sublimity of the state of
Moscow and the growth of its piety. As a strange inconsistency, it was pointed
out that the Russian metropolitans were still ordained by the Patriarch of
Constantinople and, despite the long distance, they had to go to Constantinople
for their ordinations. The submission of all the Eastern Churches to the Moslem
Turkish rule was mentioned as a further obstacle to the Russian metropolitans'
going to Constantinople (pp. 5-10); by all this the idea was emphasized that an
independent Orthodox Church can be established in an independent state. [1]
Although it was not so pleasant for the Patriarchal See of
Constantinople, the above principle was generally recognized even by the latter
at the Synod of 1593, in Constantinople. The question was raised at that Synod
whether canonical rules allow the establishment of a Patriarchal See in Moscow,
and whether the Russian Church could be recognized as autocephalous. An
affirmative answer to this question was obtained through the interpretation of
Can. 28 of Chalcedon, according to which the Patriarchal See of Constantinople
received its privileges because Constantinople was a Royal City, honored with
the Sovereignty and the Senate. The same argument was applied to the See of
Moscow, which could also be recognized as worthy of the Patriarchal dignity,
since Moscow was a royal city of the Russian Kingdom. [2]
The principle, "An autocephalous Church in an
independent state," was later approved and developed in detail by the
Patriarch of Constantinople, Joachim III, in his Letter concerning the
recognition of the Serbian Church in 1879. The Letter of Patriarch Joachim III
is an answer to the letters of the Serbian Prince Milan Obrenovich and Michael,
the Metropolitan of Belgrade, requesting that the Serbian Church be granted
independence. After having given careful consideration to this problem, Patriarch
Joachim III, together with his Holy Synod, recognized that self-governing Local
Churches may be established, "not only in conformity with the historical
importance of the cities and countries in Christianity, but also according to
political conditions of the life of their people and nations." Referring
then to the 28th Canon of Chalcedon and to other canons, as well as to the
opinion of Patriarch Photius, Patriarch Joachim III reaffirmed: "The
ecclesiastical rights, especially those of parishes, usually follow the political
subdivision of the country and the government concerned."
(a). Whereas
— the Letter goes on — the pious and God-protected principality of Serbia has,
through God's Providence, gained strength, has increased, and has attained
complete political independence; and
(b). Whereas,
the most pious Prince Milan M. Obrenovich IV and His Eminence, Michael,
Archbishop of Belgrade and Metropolitan of Serbia, on behalf of the honorable
clergy and pious people, requested us by letter to grant autocephalous and
independent ecclesiastical status, conforming with the political independence
of the state, the Patriarch and the Holy Synod found that the request was well
grounded and conformed to the spirit of Sacred canons and to the church
practice," and therefore decided—"To proclaim the Holy Serbian Church
autocephalous, independent and self-governing." [3]
The above decision is of extreme importance because the
granting of autocephalous status is conditioned directly upon the location of
the church in a politically independent state, so that the foundation of a new
church under such circumstances is recognized as being "in conformity to
the spirit of the sacred canons and to Church practice." The same idea was
used by the Ecumenical Patriarch Gregory VII as a basis of his Patriarchal and
Synodal Canonical Tomos of Nov. 13, 1924. When referring to Can. 17 of the
Fourth Ecumenical Council and Can. 36 of the Trullan Council, Patriarch Gregory
VII states that the structure of ecclesiastical affairs has to follow the
political and public forms. These were the reasons to grant the autocephalous
status to the Orthodox Church in the reestablished Polish state. Therefore, a
church district of canonical origin having no less than three duly appointed
ruling bishops may receive autocephalous status, if it be situated in a
politically independent state.
It is true that the Letter of Patriarch Joachim III
concerned the Serbian Church as a national one, but even in this case the
national principle was again subordinated to the territorial; the Serbian
Church was recognized as independent, as long as her members were within the
borders of the state of Serbia, however, the Orthodox Serbs living outside the
Serbian state, for example in Austria, were not regarded as belonging to the
Serbian Autocephalous Church, and they were not granted her privileges. On the other
hand, the political-territorial principle cannot prevent members of one
nationality group, within the borders of an independent Church, from living
side by side with members of another ethnic group as citizens of the same
state. In multi-national states, the political-territorial principle comes to
the concept of a "nation-State," and may include all citizens of that
state.
Later, the independence of a state as a prerequisite for
obtaining autocephalous status was also stressed by Patriarch Alexis at the
Moscow Conference of 1948. Actually, Patriarch Alexis only repeated the reasons
mentioned in the Kormchaya Kniga by Patriarch Nikon, but at the same
time he defined them more exactly and gave some additional reasons. His most
important points were:
(1)
The number of bishops in the Russian Church far exceeded the minimum
canonically required for the establishment of an independent church;
(2) The
Russian Church found herself within another state which possessed an enormous
territory and was quite independent of the state in which her Mother-Church of
Constantinople was located;
(3)
Her faithful belonged to another nation, which had a different language,
different habits, and different customs;
(4)
It became more and more obvious that not only was there a need for having a
Russian Metropolitan as Head of the Russian Church but also, for having the
right of appointing him independently of the Patriarch of Constantinople, by a
Council of Russian Bishops.
Further on, just as in the Kormchaya Kniga, Patriarch
Alexis mentioned the great distance between Constantinople and Moscow, the
instability of the Greek Church in Orthodoxy, the fall of Constantinople into
the hands of the Turks, which threatened the Church with the loss of the purity
of her faith, and the fact that the Bulgarian and Serbian Churches had long
since received autocephalous status, although they were smaller than the
Russian Church and were situated nearer to Constantinople.
The complete list of the prerequisites for establishing a
new Local Church given by Patriarch Alexis is important because the Patriarch
indicated some additional conditions which might justify separation from a
Mother Church.
Among several reasons for secession from the Greek Church,
Patriarch Alexis mentioned the instability of the Greek Church in Orthodoxy. He
asserted that the Russian Church could preserve the Orthodox faith pure and
intact only by becoming completely independent of the Church of Constantinople.
[4] This statement by Patriarch Alexis evidently rested upon Canons 13-15 of
the First-and-Second Council of 861 in Constantinople. The canons permit and
even approve withdrawing from communion with higher ecclesiastical authorities
when they publicly preach a heresy already condemned by the Holy Councils or by
the Holy Fathers.
Now, that the hierarchy of the Russian Church has been
compelled to support the Communist government in both internal and external
difficulties in return for its permission to reestablish the shattered
hierarchal structure of the Church and for some freedom of performing divine
services, the Russian hierarchy usually asserts that secession from the Russian
Church can be lawful only if hierarchs would openly preach heresy. (Letter of Locum
Tenens, Metropolitan Sergius, December 31, 1927.) [5]
The attempt to limit the reasons for separation to dogmatic
problems or to treat canonical reasons as dogmatic is absolutely unjustified.
The provisions concerning reasons for secession are not limited to Canons 13-15
of the First-and-Second Council in 861. They are also found in the Apostolic
Canon 31, which gave the reasons for secession. It forbade the secession of a
presbyter from his bishop, if he did it without first condemning his bishop
(before the Bishops' Council) for doing something wrong not only with regard to
"piety" but also with regard to "righteousness." The public
preaching of heresy can be understood as an infringement of piety while the
violation of righteousness includes violations of ecclesiastical order and the
rules of organization and administration of the Church. The validity of the
Apostolic Canons, recognized by the Trullan and the Seventh Ecumenical
Councils, is higher than that of the canons of the Local First-and-Second
Council of 861, which do not belong to the general Canonical Code of the
Orthodox Church established by the Ecumenical Councils. Therefore, Canons 13-15
of the Council of 861 are no restriction on the broader meaning of the 31st
Apostolic Canon and, hence, the reasons for secession can be dogmatic as well
as canonical.
Patriarch Alexis also regarded the subordination of
Constantinople to the Moslem yoke as a danger to the purity of the Orthodox
Faith. This subordination could not have been the immediate reason for the
separation of the Russian Church from the Patriarchate of Constantinople. The
Greek Metropolitan Isidore was deposed in Moscow in 1441, and in 1448 a new
Russian Metropolitan Jonah was elected in his place by the Russian Sobor,
whereas the city of Constantinople was captured by the Turks in 1453; the Russian
Church became independent of the Church of Constantinople before that city's
seizure by the Turks. But the Moslem yoke could still have been the reason for
Moscow's maintaining its independence which had been proclaimed earlier. The
Russian apprehensiveness about injury to Orthodoxy in Constantinople under the
Turks was, of course, exaggerated. However, the Russian Church faced the real
danger that her head might become dependent on the Moslem Sultan if Russian
Metropolitans were appointed in Constantinople. Like all appointments of
bishops made by the Ecumenical Patriarch, the appointment of the Metropolitan
for Moscow would have had to be approved by the Sultan. The Russian candidates
would have been obliged to make a long trip to Constantinople, visit the
Sultan, and make to him the necessary payments in order to receive confirmation
of their right to the Moscow See. [6] The dependence of the Ecumenical
Patriarch upon the Sultan could have impaired the free development of
ecclesiastical life in the Moscow State. Patriarch Alexis rightly emphasized
the dependence of the Mother-Church on a non-Christian power as one of the
reasons for the establishment of an independent ecclesiastical administration.
If an ecclesiastical region not only fulfills the three
principal requirements necessary for receiving autocephalous status (canonical
origin, presence of at least three duly appointed bishops, and location in a
State other than that of the Mother-Church), but also has other reasons forcing
it to separate from its Mother-Church, then these additional reasons take on
special importance; they reinforce its right of self-government. Such reasons
may be: the Mother-Church's support of heresy, violation of the basic
principles of the canonical structure of the Church as well as the
subordination of the Mother-Church to a civil government which deprives her of
freedom. But all these circumstances are only additional reasons forcing a
certain ecclesiastical region to use its canonical rights to complete
independence and speeding up the process of separation from the Mother-Church.
It must also be noted that Patriarch Alexis took a strong
legal stand on the question. He gave a full account of the reasons for
ecclesiastical independence in order to prove that the "Russian Church
even in the first years of her existence had a right to more than she had
received in the field of her Church administration," which means that she
should have had a more independent administration than that which she had. In
his conclusion Patriarch Alexis emphasized that the Russian Church "possessed
all the canonical prerequisites not only for autonomous, but also for
autocephalous status. But if a church meets all the canonical requirements for
autocephalous status if she meets all the canonical requirements necessary for
obtaining this status. But if a church meets all the canonical requirements for
autocephalous status, then justice requires that her claim be recognized and
that she be included in the number of Autocephalous Churches. [7]
"Rights," always correspond with "duties" of others to act
according to these rights.
3. The Recognition of a New Local
Church at the Time of the Ecumenical Councils.
The recognition of autocephalous status is the final act in
the establishment of a new and independent Church. From that moment on, she
becomes a full and equal member of the community of autocephalous Churches of
the Orthodox Church. The introduction of a new member into this community is of
common concern to all its members, as well as to the entire Orthodox Church.
Therefore, such an innovation can only occur with the consent of all the other
autocephalous churches.
During the time of the Ecumenical Councils all new
independent Churches were recognized, or established, by Ecumenical Councils
themselves. The independence of the Churches of Rome, Alexandria, and Antioch
was recognized by the First Ecumenical Council. The churches of Thrace, Asia
Minor, and Pontus were proclaimed independent by the Second Ecumenical Council.
The independence of the Church of Cyprus was established by the Third
Ecumenical Council. The Fourth Ecumenical Council subordinated the Churches of Thrace,
Asia Minor, and Pontus to the authority of the Archbishop of Constantinople and
at the same time founded the Church of Constantinople. The same Council also
proclaimed the Church of Jerusalem to be independent.
Then the Ecumenical Councils ceased to convene, church
practice from the IXth to the XXth centuries established two methods by which
the existence of new churches was officially recognized: (1) By the
Mother Church, and (2) By the Ecumenical Patriarch. Under either method,
the other autocephalous churches joined in the recognition.
4. Recognition of a New Church by
the Mother-Church.
The prerogative of the Mother-Church to recognize a new
church was strongly defended in a letter by Alexis, Patriarch of Moscow, to the
Ecumenical Patriarch, Athenagoras (March 7, 1953). "Until rules have been
established by which one part of a Local Church may be proclaimed
autocephalous," this letter states, "legal force shall be attributed
to the practice of establishing an autocephalous church by the decision of the
Council of Bishops of her Mother-Church, which alone has the right to decide on
matters such as the granting of autocephalous, as well as autonomous, status to
one of her parts. Of this fact numerous examples can be provided." [8]
As appears from this letter, "rules" for
proclaiming one part of a local church autocephalous or autonomous have not yet
been established and hence, the rights of the Mother-Church are based upon the
existing order, relying on "numerous examples," taken from Church
practice or church customs. But church practices can have special legal force
only if based on canons. In order to prove the privilege of the Mother-Church
to establish new local churches reference is usually made to the Apostolic
Canon 31 as well as Canons 13, 14 and 15 of the First-and-Second Council of 861
in Constantinople (see The Letter of the Patriarchal Locum Tenens,
Metropolitan Sergius of January 5, 1935 to Archbishop Benjamin, Patriarchal
Exarch in America).
Apostolic Canon 31 prescribes that a presbyter be deposed
who despises his own bishop, collects a separate congregation, and erects
another altar without having any grounds for condemning his bishop with regard
to piety or righteousness. Canon 13 of the First-and-Second Council also
provides that any presbyter or deacon shall be subject to deposition if he, on
the ground that his own bishop has been condemned for certain crimes, but
before the Council of Bishops has examined the charges, should dare to secede
from his communion. The same sanction was laid down in Canon 14 for a bishop
who withdraws from communion with his metropolitan, and in Canon 15, for any
presbyter, bishop or metropolitan who breaks away from his Patriarch. All these
canons of the Council of 861 forbid the arbitrary withdrawal of clergymen from
communion with their higher ecclesiastical authorities, except in the case when
the bishop publicly preaches a heresy which has already been condemned by the
Holy Councils. But none of these canons are concerned with establishing a new
Local Church.
(1.)
They only mention personal acts of individual clergymen—the withdrawal by a
deacon or presbyter from canonical communion with his bishop, by the bishop
from communion with his metropolitan, as well as by a metropolitan, bishops, or
presbyters with their patriarch, regardless of whether the flock joins them.
Even if a part of the flock follows them, the withdrawn part is canonically
unable to continue an independent church life. By contrast, whenever a new
church is established, it is not one presbyter, or one bishop, or metropolitan
who withdraws from church communion, but rather an entire region, with its
population and clergy, with no less than three bishops who withdraw not from
communion but only from administrative dependence.
(2.)
The Council of 861 considered the withdrawal of a bishop or metropolitan from
communion with his Patriarch on a level with that of a presbyter from his
bishop or Patriarch. It is very clear that the Council of 861 was only
concerned with internal strife (the secession of the adherents of Ignatius from
Patriarch Photius) and did not provide regulations for the separation of a part
of the Church situated in a country completely independent from Byzantium.
Whereas the founding of a new autocephalous church depends upon the location of
a church in a region within the boundaries of a state other than that of its
Mother-Church.
(3.) Apostolic
Canon 31 and Canons 13-15 of the First and Second Council only deal with splits
which occur as a result of charges brought forward against certain hierarchs.
Where the withdrawal occurs before these charges are heard by the Council of
Bishops, it is looked upon as a schism, an illicit, arbitrary split, and those
found guilty are subject to ecclesiastical sanctions: deposition or
excommunication. But the establishing of a new church from parts of the old
Church may occur without any charges against the hierarchy of the Mother
Church, simply on the grounds that this region has reached maturity for
self-government and has fulfilled all canonical requirements necessary for the
foundation of a new church.
All of the foregoing only proves that Apostolic Canon 31 and
Canons 13-15 of the First and Second Council have no importance in the problem
of establishing a new Church, especially since that problem first arose only
later. Hence, the privilege of the Mother-Church to grant autocephalous status
to one of her parts cannot be based on these canons. The canons and practices
of the Orthodox Church clearly distinguish between the withdrawal of a
presbyter, bishop, or metropolitan from the jurisdiction of higher Church
authorities and the establishment of a new Local Church. The first is an action
of individual presbyters or bishops under the pretext that their superiors were
guilty of misconduct, but before the case had been heard and determined by the
Council of Bishops. The second — that is the establishing of a new Local Church
— is the separation of one part of the Church (clergy and laity together) when
it has no less than three duly appointed bishops and is located in an
independent state other than that of its Mother-Church. Although single
presbyters and deacons cannot withdraw without the consent of their higher
ecclesiastical authorities, that is no ground for concluding that the
establishing of a new Local Church is likewise possible only with the consent
of the head of the Mother-Church and her Council of Bishops. There is a special
procedure for the recognition of a new Church.
The distinction between the separation of clergymen from
communion with their superiors and the establishing of a new Church is of great
importance for the understanding of the canonical meaning of different types of
separation in the Orthodox Church. While the withdrawal of clergymen from
communion with their hierarchal superiors is generally an illicit and arbitrary
action, the establishing of a new Local Church is not necessarily a schism but
may be canonically lawful. Consequently, persons taking part in the canonical
organization of a new Church are not liable to punishment, as required by the
First and Second Council of 861.
The opinion that the Mother-Church alone is entitled to
grant autocephalous status not only has no basis in the canons reviewed, but is
also inconsistent with the principles of Orthodox canon law. If the Council of
Bishops of the Mother-Church "alone" has the right to grant
autocephalous status to a part of herself, then necessarily, no other
autocephalous church has any voice in this matter. If the Council of Bishops of
the Mother-Church does not recognize the autocephalous status of the new Church,
the other churches have no authority to
do so; however, after autocephalous status has been granted by the
Mother-Church, all the Sister-Churches, according to the letter of Patriarch
Alexis of Moscow, must enter into canonical communion with that church, thus
acknowledging the legality of the founding of the new Church by the will of the
Mother-Church.
In the same Letter, the Patriarch of Moscow expressed his
bewilderment as to why, "Contrary to the canons and tradition of the
Church," the Ecumenical Patriarch did not enter into canonical communion
with the Polish and Czechoslovakian Churches, "despite the fact that their
autocephalous status has been recognized by the Moscow Patriarchate as their
Mother-Church." Evidently, according to the letter of Patriarch Alexis,
the Sister-Churches must recognize the autocephalous status granted by the
Mother-Church. Thus, a change which ought to be decided by the whole community
of Autocephalous Local Churches becomes an internal problem of one of the
autocephalous churches, and the latter confers upon herself a right which
belongs to the entire community of Local Churches. Such an interpretation of
the right of the Mother-Church does not conform to the canonical principles of
the Ecumenical Councils. The recognition of the autocephalous status of one of
her parts by the Mother-Church cannot deprive the Sister-Churches of their
independent right to pass on the legality of such a move. One member of the
community of Orthodox Churches cannot, on its own motion, introduce a new
church into the community without the consent of all the other members, all of
whom are equal. The Patriarchal See in Constantinople, just as every other
autocephalous church, has the right to withhold recognition of the
autocephalous status of a new church, as granted by her Mother-Church.
Therefore, the refusal of the Ecumenical Patriarch to enter into canonical
communion with the Heads of the Polish and Czechoslovakian Churches cannot be
considered as an act "contrary to the canons and traditions of the
Church," as claimed in the letter of the Patriarch of Moscow of March 7,
1953. By declining to recognize the autocephalous status of these churches, the
Ecumenical Patriarch was exercising the basic rights of every autocephalous
church, and especially of the First among them.
The separation of a new church from an existing
autocephalous church is usually a rather painful procedure; even for a church
covering a large region, it is hard to lose one of her parts. In this
connection, it is especially useful for the Mother-Church to seek the opinion
of her Sister-Churches; they may have an opinion different from hers.
The Third Ecumenical Council in 341 recognized the Church of
Cyprus as independent of the Church of Antioch, despite the claim of the Bishop
of Antioch to ordain bishops for Cyprus as officers of the Antiochian Church.
The life of the entire Orthodox Church is based on the intercommunion of all
Local Churches, and each one of them has the right to decide independently on
the eligibility of one of the parts of an autocephalous church to be
self-governing.
5. The Recognition of a New
Church by the Ecumenical Patriarch.
The system of recognition of a new Church by the Ecumenical
Patriarch did not precede the system of recognition by the Mother-Church. From
the IXth to the XXth century both procedures were used together. The
Patriarchate of Constantinople was also a Mother-Church from which new Churches
separated. Their recognition by the head of their Mother-Church at the same
time was a recognition by the Ecumenical Patriarch. Autocephalous status was
granted by the act of the one Church only, that is, by the decision of the
Patriarch of Constantinople and his Synod of Bishops. Contrary to the practice
at the time of the Ecumenical Councils, the ancient Patriarchates of
Alexandria, Antioch, and Jerusalem thereafter did not enjoy the same rights as
the Church of Constantinople. Especially during the Turkish domination from the
XVth to the XlXth centuries, the representatives of those Patriarchates were
unable to resist the authority of the Patriarch of Constantinople.
A striking example of this inequality was the procedure by
which the Patriarchate of Moscow was recognized. The Ecumenical Patriarch
Jeremías II made that decision alone. When visiting Moscow in 1589 he
recognized the Patriarchal dignity of the See of Moscow and attended the
enthronement of the newly appointed Russian Patriarch. Only later, in 1590 and
then in 1593, were Synods convoked in Constantinople to discuss the Russian
question, partly upon the insistence of the Russian Government. The sessions of
the Synod in 1590 were attended by Joachim, the Patriarch of Antioch, and by
Sophronios, the Patriarch of Jerusalem. Meletios, the Patriarch of Alexandria,
was present only at the sessions in 1593. The Synod of 1590 confirmed the
personal decision of Patriarch Jeremías II. At the same time the Patriarchs of
Antioch and Jerusalem publicly acknowledged their subordination to the
Patriarch of Constantinople. By a Synodal decision the duty was imposed upon
the new Patriarch of Moscow "to respect the Apostolic See of
Constantinople as Head and Authority… just as the other Patriarchs respect
him." Patriarch Meletios was displeased by this decision and sent
Patriarch Jeremías a letter in which he wrote: "I know for certain that
you were wrong to elevate the Moscow Metropolitanate to a Patriarchate because…
the right to decide on this matter belongs not to the Patriarch alone but to
the Synod and even to the Ecumenical Synod (Council). "Therefore, Your
Holiness," Patriarch Meletios continued, "should obtain the consent
of the other brethren… Since our words do not lead You to any thing good, but
only bring You confusion, anger, and their consequences, I relieve Your
Holiness from my reproaches and myself from trouble." In spite of his
opinion, the Patriarch of Alexandria did not openly reject the Patriarch's
decision. Finally, at the Synod sessions in 1593, Patriarch Meletios publicly
supported the previous decision of 1590 on the establishment of the
Patriarchate of Moscow. [9]
Later on, in the XlXth century, autocephalous status was
granted to the Churches of Greece (1850), Serbia (1879), and Romania (1885), by
means of Synodal Tomos (decrees) of the Ecumenical Patriarch.
What was the Ecumenical Patriarch's basis for exercising
such extensive powers? No such basis could be expected in the canons of the
Seven Ecumenical Councils; even the title "Ecumenical" is not to be
found in them. This title, first used in letters of Byzantine Emperors, was
canonically conferred upon the Patriarch of Constantinople in 586 by the Synod
of the See of Constantinople, i.e., by the local law of the Church of
Constantinople herself. Nevertheless, the title, "Ecumenical," was
eventually accepted by all other Orthodox Churches. Its significance had to be
established by church practices and customs.
Although the history of the Patriarchate of Constantinople
was full of tragical events, the powers of the Patriarch himself were broadened
by both the Byzantine Emperors and the Turkish Sultans. His authority with
regard to other Churches increased. The Byzantine Emperors made the Patriarch
of Constantinople an intermediary between themselves and other Patriarchs and
Bishops. The Patriarchs of Alexandria, Antioch, and Jerusalem might be granted
an audience with the Emperor only upon the recommendation of the Patriarch of
Constantinople, and as a result, they became dependent upon him. The Turkish
Sultan proclaimed the Patriarch of Constantinople the Head and Ruler of all
Christians in the Ottoman Empire. The ancient Patriarchs of Alexandria,
Antioch, and Jerusalem were usually appointed by the Sultan upon the
recommendation of the Patriarch of Constantinople and became dependent upon him
even more than they were at the time of the Byzantine Empire.
The Eastern Patriarchates: Alexandria, Antioch and
Jerusalem, fell under the control of Constantinople far easier, since they had
become extremely weak following the loss of some of their dioceses as a result
of dogmatic controversies; they were destroyed by the invasion of the Arabs and
by the Crusaders. The Patriarch of Constantinople helped them to restore the
life of their churches. Sometimes the ancient patriarchal sees could not be
filled and a titular Patriarch, appointed by the Ecumenical Patriarch, resided
in Constantinople. Together with the ancient Patriarchates, the formerly
independent Churches of Bulgaria and Serbia also came under the jurisdiction of
the Ecumenical Patriarch, in consequence of the subordination of their
countries to the Turks. Thus, within the boundaries of the Turkish Empire a
large multi-national Orthodox Church was formed, headed by the Ecumenical
Patriarch, who not only used the honorific prerogatives established by the
Ecumenical Councils (2nd Ecum. Council, Can. 3; 4th Ecum. Council, Can. 28) but
also jurisdictional powers whose basis lay outside the canons.
When in the XlXth century the national Churches of Greece,
Serbia, Bulgaria, and Romania began to secede from the Church of Constantinople
one after another, the Ecumenical Patriarch alone had to decide on their
canonical status. The establishing of a new Church meant withdrawal from the
jurisdiction of the Ecumenical Patriarch. Under such conditions it became
accepted that a new Church could be established with the consent of the
Ecumenical Patriarch and his Synod only, and that her independence might be recognized
by him alone. Only the Russian Church was completely independent from
Constantinople, but she too had seceded from her and regarded all new
secessions as internal affairs of the Church of Constantinople.
Evidently it was the above practice of the Church of
Constantinople to which Patriarch Alexis of Moscow referred in his letter of
March 7, 1953. The canonical validity of that reference can be evaluated only
after a judgment is reached on the problem of whether this church practice,
which arose under peculiar political conditions, can serve as a general rule
for all future periods.
A Church practice cannot take on binding force simply
because it has been followed for a long time. To become a Church custom, a
practice must be (a) in conformity to the basic principles of faith and
church order, and (b) repeated freely. The binding force of a custom
derives from church consciousness which accepts a certain line of action as
correct. Church consciousness can, of course, be evidenced in any action
performed freely, without the use of force. The practice of establishing new
churches solely with the consent of the Patriarch of Constantinople was created
on the basis of his powers obtained from the Byzantine Emperors and the Turkish
Sultans. But all acts of state power are measures of compulsion, and a church
practice based upon acts of state fails to attain the standing of a church
custom for lack of one of the most important conditions — the freedom of
formation. Sometimes the Church has no choice but to follow some laws and
orders of the state, but civil laws can never be considered sources of canon
law, which is created by the Church herself.
Likewise the recognition of the prerogatives of the
Ecumenical Patriarch by other Local Churches of the Ottoman Empire cannot
support the canonical validity of such prerogatives, since those prerogatives
were derived from the decrees of the Ottoman Empire, and the other Churches
were compelled to comply with those decrees. No recognition in any sense
imposed by the state can be canonically valid, any more than acquiescence by
the Church of Constantinople in arbitrary appointments and depositions of patriarchs
and bishops by Byzantine Emperors and Turkish Sultans could bring about any
alteration by prescription of the canonical procedure for their appointments
and deposition.
Afterwards, when they had an opportunity to use the same
Sultan's authority to loosen their dependence upon the Patriarch of
Constantinople, the other ancient patriarchates succeeded in re-establishing
the right of their bishops to elect their own Patriarch: Jerusalem in 1844,
Antioch in 1898 and Alexandria in 1899. The other Churches separated themselves
from the Church of Constantinople at the time of disintegration of the Ottoman
Empire and gradually became independent of the Ecumenical Patriarch.
The concept that recognition of a new church is the
exclusive privilege of the Ecumenical Patriarch, or that his approval must
precede any subsequent recognition by other Local Churches, is as inconsistent
with the principles of the Orthodox canon law as the equally misunderstood
right of the Mother-Church discussed above. In both cases, the error would
allow one local church to decide an inter-Orthodox question, and the rights of
that church are put above the rights of all the Sister-Churches.
It must be admitted that the recognition of new Local
Churches by the Ecumenical Patriarch was, canonically, the only possible way,
after he became Head and Ruler of all Christians in the Turkish Empire, and
when the establishment of a new church necessarily meant withdrawal from his
jurisdiction. But under new conditions, when the number of autocephalous
churches had increased considerably, that system cannot stand, since it is
inconsistent with the canonical principles and practices of the times of the Ecumenical
Councils. The Moscow Patriarch's attempt to base the right of the Mother-Church
to establish an autocephalous church upon the practice of the Church of
Constantinople, which arose under particular historic conditions, seems to lack
sufficient foundation.
6. The Recognition of New
Churches Since the Beginning of the Twentieth Century.
The theory of the exclusive right of a Mother-Church to
grant autocephalous status, so insistently defended by Patriarch Alexis, can be
regarded as nothing but the transfer of the prerogatives of the Church of
Constantinople to the new Russian Mother-Church. It is easy to understand that
these two principles had to collide, as they actually did after the First World
War. At this time the insufficiencies of both principles were revealed and at
the same time, fresh approaches to the problem of recognizing new autocephalous
churches came to light.
From the middle of the XVth century to the beginning of the
XlXth century the life of the Orthodox Church proceeded in such a manner that
not only did the Ecumenical Council cease to convene but even contact, based
upon mutual equality, was lost among the Autocephalous Churches. During this
period the concept disappeared of the Orthodox Church as a unity in plurality,
as a community of equal Autocephalous Churches with only prerogatives of honour
among them. This community could not exist so long as there were only two truly
independent Local Churches: the Church of Constantinople and the Russian
Church, the latter being degraded by her synodal structure compared with the
old Patriarchal dignity of the Church of Constantinople.
The re-establishment of the community of Orthodox Local
Churches became possible only after the re-establishment of the independence of
the ancient Eastern Patriarchate and other Churches which, during the period of
Turkish rule, had become dependent upon Constantinople. As a result of several
wars of liberation of the XlXth century in which Russia took an active part,
Greece, Serbia, Romania, and Bulgaria were freed from Turkish rule and started
to organize their own independent Churches. In spite of the protests of the
Patriarch of Constantinople, the Russian Imperial Government supported before
the Sublime Porte the requests of the ancient Patriarchates to elect their own
candidates for the Patriarchal Sees in Jerusalem (1844), Damascus (1898), and
Alexandria (1899). The re-establishment of the independence of these Churches
was possible owing to the influence of the Russian Church whose voice as a
state Church could more readily be heard since it coincided with the political
interests of the Russian Government. As a result of the disintegration of the
Turkish Empire the community of free Orthodox Churches was organized anew. At
the beginning of the XXth century there were already ten local churches:
Constantinople, Alexandria, Antioch, Jerusalem, Cyprus, Russia, Greece, Serbia,
Romania, and Bulgaria. These local churches also undertook to display their own
will, and the importance of the Ecumenical Patriarch in the matter of the
recognition of new Churches gradually ebbed.
The first time a dispute with the Patriarch of
Constantinople was apparent was when the latter refused to recognize the
Bulgarian Exarchate established by the Imperial Decree (Firman) of the Turkish
Government in 1870. In 1872 the Patriarch of Constantinople invited
representatives of the Churches of Russia and Serbia together with the
Patriarchs of the ancient Eastern Churches to a council in Constantinople to
censure the Bulgarian Church for this action. However, the Russian Holy Synod
refused to participate in this council, claiming that the dispute was purely an
internal affair of the Church of Constantinople. The Serbian Church also
refused to participate. Later, the Russian Church did not associate itself with
the decision of this Council of Constantinople of 1872. She avoided common
celebration of the Divine Liturgy with Bulgarian clergymen for a long time, but
members of the Bulgarian Church were always admitted to Communion and other
sacraments in Russian churches and vice versa. In this case the rights of the
Mother-Church of Constantinople to grant autocephalous status were not
questioned but censure of the Bulgarian Church was withheld.
A very clear case of non-recognition of the acts of the
Ecumenical Patriarchal See in Constantinople occurred soon after the First
World War, when the Ecumenical Patriarch recognized the establishment of new
Churches in the republics of Estonia, Latvia, Finland, and Poland, which had
separated from the Russian Church. In this case a separation of the functions
of the Patriarch of Constantinople as the Head of the Mother-Church and as the
Ecumenical Patriarch occurred. Now, he acted only as the Ecumenical Patriarch.
"Since the Most Holy Apostolic Patriarchal See in Constantinople"
considered it to be its duty "to care for the welfare of all the Orthodox
Churches which have been deprived of pastoral care," [10] the Ecumenical
Patriarch recognized the Churches of Finland, Estonia, and Latvia as
"autonomous" (in 1923) and the Church of Poland as
"autocephalous" (in 1924).
The Russian Church considered all these acts as violations
of her rights as a Mother-Church which — according to the views of the Moscow
Patriarchate — alone could grant autonomy or autocephalous status to a Church
separating from her. With the changed political situation, the Patriarch of
Moscow succeeded in depriving these acts of the Ecumenical Patriarch of their
effectiveness. After the Second World War, the democratic republics of Estonia
and Latvia became Union Republics of the USSR, their Churches were reunited
with the Russian Church as her dioceses and they lost their autonomy. The
effectiveness of Constantinople's grant of autocephalous status to the Church
of Poland was nullified in another way. The Polish democratic government, which
favored autocephalous status, was replaced (after the Second World War) by a
government friendly to the Communist government of the USSR. The Moscow
Patriarch thereupon proclaimed Metropolitan Dionysius, the acting head of the
Polish Autocephalous Church, to be suspended from his office and deprived of
liturgical and canonical communion with the Russian Church to which he had
formerly belonged. The administration of the Orthodox Church in Poland was
assumed by a "Governing Board" of a few bishops. According to a
petition of this Board, the Moscow Patriarch, in agreement with the Council of
Russian Bishops, granted, "by the authority of the Mother-Church,"
complete autocephalous status, instead of the "non-canonical and invalid
autocephalous status" proclaimed by the Tomos of the Patriarch of
Constantinople. Athenagoras, the Patriarch of Constantinople, sought to regard
the grant of autocephalous status by the Moscow Patriarch as a recognition of
the 1924 act of the Church of Constantinople and therefore proposed to re-establish
Metropolitan Dionysius in his rights. But the Patriarch of Moscow did not
accept this proposal. Referring to the right of the Mother-Church, the
Patriarch of Moscow denied the authority of the Ecumenical Patriarch to grant
autocephalous status to a church which previously was not under the
jurisdiction of the Church of Constantinople. The rejection went so far that
the autocephalous status granted to the Polish Church "by a foreign
Patriarch" was declared completely invalid.
Continuing to develop the same idea of the prerogatives of
the Mother-Church, the Moscow Patriarchate recognized the autocephalous status
of the Church of Czechoslovakia in 1951. Her autocephalous status had also been
proclaimed by the Moscow Patriarchate without any previous consultation with
the Ecumenical Patriarch. Nevertheless, the Czechoslovakian Church was later
recognized not only by the Churches behind the Iron Curtain, but also by the
Patriarchal Sees of Alexandria and Antioch.
More serious disagreements arose between the Patriarchate of
Constantinople and other Autocephalous Churches about the re-establishment of
the Bulgarian Patriarchate. In this case, many Local Churches opposed the will
of the Patriarch of Constantinople. The Bulgarian Church, after having been
granted autocephalous status by the Patriarch of Constantinople in 1945,
decided to proclaim the restoration of the Patriarchate on her own initiative.
To receive recognition of her new status by all the other Orthodox local
churches, by special letters the Holy Synod of the Bulgarian Church invited
their representatives to take part in the enthronement of the new Patriarch of
the Bulgarian Church. The Ecumenical Patriarch received such an invitation as
well. At the appointed time representatives of the Local Churches arrived in
Sofia, but there was no representative from Constantinople. Soon a letter
arrived from Athenagoras, the Ecumenical Patriarch, in which "the
attributing to herself of patriarchal dignity and honor by the Bulgarian Church
on her own accord" was considered "a deviation from the existing
canonical and ecclesiastical order." According to this letter, the
Bulgarian Church had to "seek her elevation to the Patriarchal dignity
through us"— i.e., the Ecumenical Patriarchal See — from the Heads of the
Holy Orthodox Churches. Besides, the letter made it clear that in passing on
this application, the Ecumenical Patriarch would consider whether the Bulgarian
Church had reached maturity and had manifested her constancy and loyalty to
canonical principles. [11] In spite of the refusal of the Ecumenical Patriarch
to recognize the Patriarchate of Bulgaria, it was recognized by the Patriarchs
of the ancient Churches of Alexandria, Antioch, and Jerusalem as well as by the
Churches of communist countries: Russia, Romania, Georgia, Poland, and
Czechoslovakia, i.e., by the majority of the existing Local Churches. [12]
But the prerogatives of the Mother-Church to grant
autocephalous status did not receive universal recognition. The autocephalous
status of the Polish and Czechoslovak Churches granted to them by their Russian
Mother-Church was not recognized by the Churches of Constantinople, Greece, or
Cyprus. Despite its insistence upon the prerogatives of the Mother-Church, the
Moscow Patriarchate itself sometimes acted against the interests of other
Mother-Churches and thereby weakened this principle. In 1937 the Albanian
Church received autocephalous status from her Mother-Church, Constantinople.
However, the Moscow Patriarchate maintained relations not with the Holy Synod
established according to the Statute of 1937, but with the bishops friendly to
the communist government of Albania. Later, with the consent of the government,
a new Synod, consisting of these bishops, replaced the Holy Synod which had
originated on the basis of the Statute approved by the Church of
Constantinople. The Moscow Patriarchate recognized the new Head of the Albanian
Church, but the Patriarch of Constantinople refused to recognize him and did
not enter into canonical communion with him. The interests of the Serbian
Patriarchate were also impaired by the Moscow Patriarchate on the establishment
of the Church of Czechoslovakia. Some of the former parts of the Serbian Church
within the boundaries of Czechoslovakia were included in the new Church. And
consequently the Serbian Patriarch did not recognize the autocephalous status
of the Church of Czechoslovakia.
Although the collision of two systems of recognition
weakened both of them, the growing number of local churches and the
strengthening of their mutual relations stressed the specific need to have a
"first" among other members to whom they could apply for advice in
their difficulties, and who could assist local churches to find a solution for
their problems in the general interests of whole Orthodox Churches. The appeals
of the Churches of Finland, Estonia, Latvia, Poland, and of the Russian Metropolitan
Districts of Western Europe to the Ecumenical Patriarch after World War I
indicate in any case the high prestige of the Ecumenical Patriarch in the
Orthodox Church. As to the Church of Finland, the Moscow Patriarchate could not
but recognize her autonomy in 1958, granted by the Ecumenical Patriarch,
although this was made in complete disagreement with the claims of the Moscow
Patriarchate concerning the prerogatives of the Mother-Church.
As practice has evolved, the recognition of a new Church and
her introduction into the community of Orthodox Local Churches is now decided
not by one Mother-Church or by the Ecumenical Patriarch in Constantinople
alone, but by all the Autocephalous Local Churches together. The latter reserve
the right to accept or disapprove the decision of the Mother-Church or the
Ecumenical Patriarch. The Patriarchal dignity, as well as autonomous or
autocephalous status sometimes were recognized by Local Churches without
previous approval of either the Ecumenical Patriarch (Bulgaria, Czechoslovakia,
Albania) or the Mother-Church (Poland, Finland, Estonia, Latvia). From the
jurisdiction of a single local church this problem is coming to be decided by
all the local churches, and thus the ancient principle of deciding this matter
by the whole community of autocephalous Churches is being revived. The
recognition by the Mother-Church can, of course, facilitate the later
recognition by other local churches, but under present circumstances, the
problem of which Church has the right to decide in the first instance, loses
its sharpness. Sometimes the local churches recognized a new Church after her
Mother-Church granted her autocephalous status, sometimes the Ecumenical
Patriarch was first to act. The Bulgarian Church was elevated to the
Patriarchal dignity by many Churches without previous recognition by the
Ecumenical Patriarch or by the Mother-Church, both being represented by the
same Church of Constantinople. The appeal of the Bulgarian Church was forwarded
not to the Mother-Church or to the Ecumenical Patriarch but to all
autocephalous Churches simultaneously. In this manner a new way of initiating a
request for recognition was shown.
The system of recognizing new Churches by each particular
local church is much slower than the system of recognition by an Ecumenical
Council. As a result, individual local churches may for some time be not
recognized by all the autocephalous churches but only by some of them. However,
in time the Orthodox Sister-Churches may drop their objections, as was done in
connection with the Church of Finland in 1958. In 1961 the Ecumenical Patriarch
also recognized the Autocephalous Churches of Poland and Czechoslovakia as well
as the Patriarchate of Bulgaria.
7. The Proclamation of Her Own
Independence by a New Church.
Obstacles to the recognition of a new Church and
unsuccessful attempts to obtain it from the Mother-Church have usually resulted
in a Church herself proclaiming her own independence. If the proclamation is
given practical effect she becomes a de facto independent self-governing
Church, practically enjoying the rights of an autocephalous church.
There are but few examples wherein a short time a
Mother-Church granted autonomous or autocephalous status to a subsisting part
of herself. This occurred, e.g., when the Ecumenical Patriarch granted autonomy
and later autocephaly to the Serbian Church in 1832 and in 1879 respectively.
But in the past, the founding of a new Church occurred mostly without the
consent of the Mother-Church. After that, canonical relations were usually
broken off and sometimes the new Church was even excommunicated. But later, there
was no alternative for the Mother-Church but to recognize the independence of
the separated Church. The Patriarch of Constantinople, for example, had to
recognize the self-proclaimed independence of the following Churches in the
XlXth and XXth centuries: the Church of Greece — 17 years after she had
proclaimed herself autocephalous (1833-1850), the Romanian Church — 21 years
after (1864-1885), the Albanian Church—15 years after (1922-1937), and the
Bulgarian Church— 72 years after (1872-1945). In the XIIth century the
Patriarch of Constantinople recognized the Bulgarian Church 50 years after she
had proclaimed herself independent (1185-1235); in the XIVth century the
Serbian Church was recognized 30 years after (1346-1375) and in the XVIth
century the Russian Church — almost 140 years after (1448-1589). In the XXth
century the Patriarch of Moscow recognized the Finnish Church 35 years after
she had been granted autonomy by the Ecumenical Patriarch (1923-1958).
The Mother-Church usually regarded separation from her as
arbitrary and uncanonical. It must, nevertheless, be noted that even the
largest local churches when separating from the Church of Constantinople had to
use the same arbitrary methods. This fact deprives them in turn of any right to
condemn similar "arbitrary" separations of their own parts. We might
expect that these Churches might have later regretted their previous action and
might even condemn them now. But they did not. On the contrary, the declaration
of independence by a new Church herself was authorized by the Conference of the
Heads and Representatives of the Autocephalous Orthodox Churches in Moscow in
1948. This Conference was convened on the invitation of Alexis, the Patriarch
of Moscow, "on the occasion of the celebration of the 500th anniversary of
the autocephaly of the Russian Orthodox Church." In 1448 the Council of
Bishops of the Russian Church, which until that time had been one of the
metropolitan districts of the church of Constantinople, elected the Russian
Bishop Jonah as the Metropolitan of Moscow, without seeking the approval of the
Patriarch of Constantinople, and thereby laid the basis for the self-government
of the Russian Church and her independence. Although the Russian Church was
canonically recognized by the Church of Constantinople only in 1589, Alexis,
the Patriarch of Moscow, dates the beginning of the autocephaly not from the
time of this canonical recognition, but from the year when the Russian Church
proclaimed her independence on her own motion, and against the will of the
Church of Constantinople.
It is also important to emphasize that Metropolitan
Germanos, the Exarch of the Ecumenical Patriarch in Western Europe, taking part
in this Conference, stressed in his speech that the Ecumenical Patriarch and
his Holy Synod "received with utmost joy the decision of the great Russian
Church to celebrate the 500th anniversary of her autocephaly." From the
viewpoint of the representative of the Ecumenical Patriarch, the autocephaly of
the Russian Church also dates from the time she proclaimed herself independent,
in 1448. The Patriarchs of the Serbian and Romanian Churches, and the Exarch of
the Bulgarian Church participated in the celebration. They all congratulated
the Russian Church on the 500th anniversary of her autocephaly and
independence. Greetings were also conveyed from the Patriarch of Antioch, the
Catholicos-Patriarch of the Church of Georgia, as well as from representatives
of the Churches of Poland and Albania. [13] In this manner, a proclamation of
her own canonical independence by a new Church herself, without the consent of
her Mother-Church, was accepted as lawful by the Russian Church as well as by
representatives of the Ecumenical Patriarch and all the other autocephalous
churches attending the Moscow Conference of 1948. The real meaning of this
authorization can be properly understood if we remember the words of Patriarch
Alexis during the general session of the Conference, where he declared that
before the election of Metropolitan Jonah in 1448, the Russian Church
"possessed all the canonical prerequisites... for autocephalous
status." Therefore, the proclamation of independence may be made by a
newly organized Church only if she meets all the usual requirements necessary
for obtaining autocephalous status by other means.
The lack of formal recognition of a new Church did not
prevent some Sister-Churches from maintaining liturgical and canonical
relations with her. After the Russian Church had proclaimed her independence
from the Church of Constantinople, her relations with the Eastern Patriarchates
were broken, but not for long. Soon they were reestablished. The connection of
Moscow with Eastern Patriarchs was evidenced in her correspondence with them,
in their letters and information about the personnel changes in the Patriarchates,
in their repeated visits to Moscow, and in financial assistance by Moscow to
the needy Churches of the East. The establishment of the Russian Patriarchate
and the enthronement of the Russian Patriarch in 1589 took place during one
such visit of the Eastern Patriarchs to Moscow. Although not recognized de
jure, a new Church may enjoy de facto recognition by other
Autocephalous Local Churches.
Notes
1. A. Bogolepov, "On the 300th Anniversary of the Kormchaya
Kniga," The Russian American Orthodox Messenger, New York,
1953, No. 4, pp. 58, 59 (in Russian).
2. A. Kartashev, The History of the Russian Church,
Paris, 1959, Vol. II, p. 44 (in Russian).
3. The contents of the Letter of Patriarch Joachim III is
given by Prof. I. Palmoν in his report to the Pre-Sobor Committee of 1906. Journals
and Protocols of the Sessions of the Pre-Sobor Committee, Petersburg, 1907,
Vol. Ill, pp. 236-237 (in Russian). See also Duchich, N. History of the
Serbian Church, Belgrad, 1894, pp. 232-236 (in Serbian).
4. Acts of the Conference of the Heads and
Representatives of the Autocephalous Orthodox Church in Moscow, 1948.
Vol. I, p. 11-13. Moscow, 1949 (in Russian).
5. See also Archbishop Makarios, To the Communion of the
North American Metropolia and Moscow Patriarchate, "One Church"
1947, N.Y., pp. 9-40 (in Russian).
6. A. Kartashev, History of the Russian Church, Vol.
1, p. 376, Paris, 1959 (in Russian).
7. Acts of the Conference of the Heads and
Representatives of the Autocephalous Orthodox Churches in Moscow, 1948,
Vol. I, pp. 11, Moscow, 1949 (in Russian).
8. Zhurnal Moskovskoy Patriarchit (Journal of the
Moscow Patriarchate), No. 5, 1953, pp. 4-8.
9. A Kartashev, History of the Russian Church. Paris,
1959. Vol. 2, pp. 41-45 (in Russian).
10. Tomos of the Ecumenical Patriarch Meletios
concerning the autonomy of the Church of Estonia, July 1923.
11. Letter of His Holiness Athenagoras, Archbishop of
Constantinople and Ecumenical Patriarch, to Cyril, the Metropolitan of Plovdiv,
President of the Holy Synod of the Bulgarian Church, of April 25th, 1953, and
the answer of the Holy Synod of the Bulgarian Patriarchate of Dec. 31, 1953, in
Tserkoven Vesnik, Sofia, January 22, 1954. The English translation was
distributed at the Second Assembly of the World Council of Churches at
Evanston, Illinois, U.S.A.
12. Yedinaya Tserkov (One Church), New York, 1953.
No. 10-12, p. 17.
13. Acts of the Conference of the Heads and
Representatives of the Autocephalous Orthodox Churches, 1948, Vol. 1, pp.
18, 20, 23, 24, 29, 35. Moscow 1949 (in Russian).
Source: St. Vladimir’s Seminary Quarterly, Fall 1961,
Vol. 5, No. 3, pp. 11-37.
About the author, see https://orthodoxcanada.ca/Alexander_Alexandrovich_Bogolepov