§ 30. The Church in the Kingdom of Greece

After the founding of the [Greek] state, the first act concerning the ordering of church affairs was the organizational statute of the holy synod in the Kingdom of Greece of 23 July 1833.[1] By this the relations between Church and State, and the composition of the synod, were determined. In the same year, on 20 November, an organic law was issued, by which the eparchies in the state were divided up. Greece’s political condition was still at that time transitional, and so these laws too remained without effect, all the more so as voices of dissatisfaction with these very laws arose among the people. Some years later, on the basis of the state constitution of 1843,[2] two legislative drafts were composed, one concerning the organization of the synod and the other concerning the bishoprics and bishops, and were submitted, the first in 1845 and the second in 1846, for constitutional deliberation. These drafts were not immediately adopted, chiefly because the question of the independence of the Church in the kingdom from the Patriarchate of Constantinople had not yet been resolved. This occurred only in 1850, when the relevant synodal document concerning the Church in the Greek kingdom was issued at Constantinople.[3] Two years later, namely in July 1852, the above-mentioned legislative drafts were issued as laws, which, together with others issued after them and on their basis, constitute the special sources of the present-day church law in the Kingdom of Greece, namely:

The Organizational Law of the Holy Synod, issued 9 July 1852 and promulgated by synodal circular of 10 September of the same year.[4] It prescribes how many, and who, are the members of the synod, the rights and duties of the royal epitropos (Βασιλικὸς Ἐπίτροπος) in the synod, the competence of the synod, the limits of its independent jurisdiction, its competence in matrimonial matters, and further the general rights and duties of the synod as such, and of the clergy in the kingdom.

The Law on the Bishoprics and the Bishops and the Clergy Subordinate to Them, likewise issued 9 July 1852 and promulgated by synodal circular of 16 of the same month and year.[5] This law is divided into four sections: the first speaks of the number of bishoprics and their extent, the second of the bishops and their rights and duties, the third of the clergy subordinate to the bishops, and the fourth contains general provisions on the annual visitations of the eparchy, on episcopal titles, and on their remuneration.

The Law on the Episcopal Consistory, issued 24 September 1852 and promulgated by synodal circular of 29 January 1853.[6] This law prescribes only the number of members who are to constitute the consistory in each eparchy; as to the rest—namely the qualifications of the consistory’s members, their relation to the bishop, and the persons who may replace a disqualified consistory member—the relevant statutory prescriptions were issued subsequently.[7]

On the exact discharge of duty by the bishops speaks the synodal circular of 11 July 1853, which prescribes in detail the pastoral duties of bishops, namely: 1) the daily reflection on one’s calling, 2) the preservation of the holy faith, 3) the ordination of clerics, 4) one’s conduct in matrimonial matters, 5) the oversight of monasteries and monks, 6) the oversight of the clergy, 7) the Christian upbringing of the faithful, and 8) the guarding of oneself from every reproach.[8] Besides this, a further circular was issued by the synod in September 1854, in which, in 26 points, everything a bishop must do in order to be worthy of his calling is prescribed, and particular attention is drawn to the eparchial bishops’ duty to submit to the synod each year a detailed report on the religious and moral condition of the eparchy in question.[9]

The Law on the Division of Parishes in Cities, Towns and Villages, issued 8 June 1856 and promulgated by synodal circular of 25 August of the same year.[10]

The Law on the Clerical Schools, issued 27 September 1856, and the statute for these schools of 27 October 1856, promulgated by synodal circular of the same date.[11]

The Law on the Qualifications and Learning Required of Candidates for the Clergy, issued 18 October 1856 and promulgated by synodal circular of 9 November of the same year.[12]

The Law on the Duties of Preachers, issued 26 June 1858, promulgated by synodal circular of 19 July of the same year.[13]

The Statute on the Monasteries, issued 28 July 1858 and promulgated by synodal circular of 6 May 1859. It is divided into two sections: the first speaks of the monasteries, their administration, the election of their administration, the monastic council, the relation to the eparchial authority, and the management of monastic property; the second section speaks of the monks—of entry into monastic life, that they must always remain in the monasteries, that they may possess nothing of their own, and that they may take up any position outside the monastery only with the permission of the Holy Synod and royal consent.[14]