§ 27. The Patriarchate of Constantinople

In accordance with the firmans of Sultan Mehmed II (1453 and following), it was established that the Christian confession might be freely practiced in the Turkish state, and that Orthodox Christians fall under the exclusive jurisdiction—not only spiritual but also civil—of the Patriarch of Constantinople. The person of the patriarch, and likewise of the higher clergy, enjoys a privileged position in the state, and they are free of every tax. The patriarch, together with the bishops, independently administers church affairs according to church laws. The central administration is constituted by the Patriarchal Synod, composed of ten to twelve bishops under the presidency of the patriarch; while more eminent representatives of the people look after church property and all the worldly affairs of the patriarchate. The election of the patriarch is carried out by the bishops together with the representatives of the people. For the execution of decisions not of a church nature, the consent of the High Porte is required in every case. Only political offenses fall under the jurisdiction of the state power. This was established and recognized for the Orthodox Church immediately after the Turks took possession of Constantinople. But the manner of Turkish administration soon disturbed this order prescribed by Mehmed II, and in the course of time, especially through the power of the Janissaries, the Christians lost all freedom in the Church. This Turkish administration also had its effect upon the hierarchy, and certain abuses began to appear within it that needed to be uprooted. This state of affairs lasted until the beginning of the nineteenth century, when a decisive movement toward the betterment of the condition of the Christians in the Turkish empire, prompted by necessity, made itself felt. The movement also arose among the Christian subjects of the Turks themselves, whom the European states took under their protection, and the Porte was compelled to undertake root-and-branch reforms in the state.

After the destruction of the Janissary corps (1826) under Mahmud II, work began on these reforms; but success was not immediate, owing to that sultan’s inborn hatred toward the “giaours.” Only after Mahmud’s death, when the young Abdülmecid ascended the throne, did these reforms actually begin to show themselves. By the Hatt-i Sharif proclaimed 2 November 1839, the equality before the sultan of every person, whatever his religion, and the free practice of religion in the state, were solemnly recognized; and to carry out this imperial decision a certain imperial council (the Tanzimat) was established, in which Christian representatives also had the right to vote. By the irade of 6 June 1853 this was confirmed, and the need for reforms in the internal life of the Christian confessions themselves in the state (Greek, Armenian, Catholic-Armenian, and Jewish) was emphasized. Little confidence was apparently placed in the stability of all these sultanic ordinances, and so the representatives of the European powers induced the Porte to issue the well-known Hatt-i Hümayun of 18 February 1856. By this the relation between Church and State was precisely established and confirmed, and placed under the protection of international law; and as regards the reorganization of the church administration itself, this Hatt-i Hümayun stated the following: “Every Christian and other non-Muhammadan confession must, within a set time, with the help of a commission specially chosen from its own midst, and under the supervision of the High Porte, examine the privileges that have been granted to it, and, in accordance with the spirit of the age, set forth the necessary reforms and submit them to the High Porte for approval. All the privileges granted to the Christian patriarchs and bishops by Sultan Mehmed II and his successors are to be brought into accord with the new state of affairs and with my (Sultan Abdülmecid’s) intentions to do everything for the greatest welfare of the Christian communities. After a revision of the manner of electing patriarchs now customary, and in accordance with the prescriptions of the firman of investiture, the principle of the lifelong appointment of the patriarch must be strictly preserved. The patriarchs, metropolitans, archbishops, and bishops, upon entering office, will be required to take an oath according to a formula to be agreed upon between the High Porte and the heads of the respective confessions. All spiritual dues, of whatever kind they may be, must cease and be replaced by fixed incomes, which the patriarchs, bishops, and others will receive according to their hierarchical rank. The movable and immovable goods of the Christian church may not be touched by anyone; and the secular administration of the Christian and other confessions shall be placed under the supervision of an assembly, composed of members of the clergy and laymen, the members for the assembly to be chosen by the respective communities from their own midst.” This Hatt-i Hümayun today has the force of state law in the Turkish empire.[1] On the basis of this Hatt-i Hümayun, an instruction was issued by the Porte to the Patriarch of Constantinople in April 1857, that a special provisional council was to be constituted, which would work out a draft law for the internal church administration, in the sense of that same Hatt-i Hümayun.[2]

This draft law was completed on 31 January 1860, and on 6 February of that same year was submitted to the government for approval; in September of that same year it received the sultan’s confirmation and became law, and remains in force to this day.[3]

This law is divided into seven canonisms (statutes), namely: 1. On the election and appointment of the patriarch, where the first chapter prescribes in detail the course of the election itself, the second the qualities that one who is to be elected patriarch must possess, and the third the members of the electoral assembly, in which—besides the members of the Patriarchal Synod, the Metropolitan of Heraclea, and any metropolitans who happen to be found in Constantinople—64 lay members take part, being members of the mixed council, and the governor of the island of Samos or his deputy. 2. On the election of bishops, namely on the qualities required of candidates for the episcopate and on the manner of election. 3. On the organization of the holy synod, namely: a) who constitutes the synod, b) the relation of the patriarch to the synod and vice versa, and c) the duties of the synod’s members, the time of its sessions, and the conduct of business in the synod. 4. On the mixed council, namely: a) the constitution of that council, which consists of four bishops and eight laymen, and b) the competence of the mixed council, which discusses and decides everything touching the Church and the people, except purely spiritual matters. 5. On the salaries of the patriarch and the bishops, and on the extraordinary incomes of the bishops. 6. On the salaries of the patriarchate’s officials, and the general statement of the patriarchate’s income and expenditure. 7. On the monasteries: general prescriptions concerning them, their categories, what is to be done with those that have no monks, and concerning the monasteries of Mount Athos.[4] These canonisms regulate, in sufficient detail, the general administrative side of the Patriarchate of Constantinople.

In February 1868 a further canonism was issued concerning the handling of church affairs of each individual parish in Constantinople, which canonism is also valid for the other parishes in the eparchies subject to the Patriarchate of Constantinople.[5] There likewise exists a special canonism for the theological school at Halki, which was confirmed and issued at Constantinople in August 1867.[6]

Within the bounds of the Patriarchate of Constantinople, the Orthodox Church in Bosnia and Herzegovina[7] enjoys a certain autonomy in church administration. In general, this administration is regulated by the convention concluded on 31 March 1880 between the imperial and royal Austro-Hungarian government and the Patriarch of Constantinople.[8] Further, as regards the internal eparchial administration, there was issued on 26 February 1884 a special “Rules of Business for the Eastern Orthodox Eparchial Consistory of the Archbishop and Metropolitan of Sarajevo,”[9] which consistory was founded on 19 March 1882; and as regards the training of the clergy there was issued, on 19 October 1882, a “Statute for the Eastern Orthodox Clerical Seminary in Sarajevo.”[10] The remaining prescriptions concerning the Orthodox Church are contained in the “Collection of Laws for Bosnia and Herzegovina.”