§ 23. The Canonical Decrees of the Patriarchal Synods

In the Orthodox Eastern Church, legislation is exercised synodically. After the Ecumenical Councils, the supreme legislative power in the Church, within canonically determined limits, is exercised by councils, or, as is customary to call them after the Greek manner, by the synods of the bishops of the several autocephalous churches. Among these synods, the Patriarchal Synod of Constantinople developed the highest legislative activity. This is explained both by the fact that the patriarchal throne of Constantinople holds the first place in honor among all the others in the Eastern Church, and especially by the fact that, politically, it alone for several centuries stood free, whereas all the other patriarchal thrones in the East were subjugated by unbelievers. Given this position of Constantinople relative to the other ecclesiastical centers of the East, matters were also decided in the Patriarchal Synod of Constantinople that did not directly concern the patriarchate itself but other autocephalous churches—matters which, in those churches, owing to the oppressed condition of the Christian faith, could not be resolved. For this latter reason the heads of the subjugated Eastern patriarchates were often found in Constantinople and sometimes took part in the resolution of church affairs, especially when these affairs were of greater importance. Thereby these resolutions acquired a general character and became authoritative for the whole Eastern Church. Besides this, another circumstance lent high significance to the canonical decrees of the Patriarchal Synod of Constantinople. The Church of Constantinople is the mother church for all those peoples whom her preachers converted to Christianity. It was natural that the churches of these peoples, in ordering their inner life, should turn to the mother church for help, seeking from her instruction in matters they did not yet know or that were unclear to them. These instructions were authoritative for those churches; and since they concerned the fundamental order of the Church, they also possessed general validity and became authoritative for the whole Church as well. From this standpoint, and in this sense, the canonical decrees of the Patriarchal Synod of Constantinople carry the significance of a source of the law of the Orthodox Eastern Church which supplements the fundamental source of that law and represents the development and application of the fundamental canonical prescriptions.

We shall here set forth these synodal decrees in the order of the patriarchs under whom they were issued, following the Athenian Syntagma and the most recent collection of these decrees, published by the Patriarchate of Constantinople.[1]

1. Nicholas I (895–906, 911–925).[2] The Tomus of Union issued in the year 920 on occasion of the dispute over the tetragamy, by which peace was restored between Church and State.[3]

2. Sergius (999–1019).[4] The decree issued in May 1016 concerning monastic contributions.[5]

3. Alexius (1025–1043).[6] Two synodal decrees survive from the time of this patriarch: a) the decree issued in 1027 concerning monasteries acquired by donation, and other more important questions touching the metropolitanates, archbishoprics and bishoprics;[7] and b) the decree issued in 1028 concerning various matters touching all metropolitanates and archbishoprics.[8]

4. Michael I (1044–1058).[9] Concerning the cleric living in a forbidden marriage.[10]

5. Constantine III (1059–1063).[11] Concerning the cleric who has committed murder and is deposed.[12]

6. John VIII (1064–1075).[13] The decree of 16 February 1065, by which clerics are forbidden to conduct lawsuits before a court on behalf of others.[14]

7. Nicholas III (1084–1111).[15] Besides the canonical answers already mentioned, and other very important synodal decrees on marriage, two further decrees deserve mention here: a) the decree concerning remuneration for church services,[16] and b) the decree in which, on the basis of the canons and the state laws, it is demonstrated to the Emperor Alexius Comnenus that bishoprics may not be separated from their metropolitanates.[17]

8. Leo (1134–1143).[18] Concerning penalties for those who practice sorcery.[19]

9. Michael II (1143–1146).[20] Synodal decree of 20 August 1143 on the deposition of a bishop not canonically instituted.[21]

10. Nicholas IV (1147–1151).[22] Concerning clerics condemned by the competent authority who appeal to the higher instance.[23]

11. Constantine IV (1154–1156).[24] Synodal decree concerning murderers, and especially concerning clerics who commit murder.[25]

12. Luke (1156–1169).[26] The legislative activity of the Patriarchal Synod of Constantinople was especially fruitful during the time of this patriarch. Besides the multitude of decrees issued concerning the internal order of the patriarchate itself and concerning marriage, the following, of general significance, deserve mention: a) the decree that clerics may not engage in occupations that might demean their dignity;[27] b) the decree that the deposition of a bishop may be pronounced only by twelve bishops;[28] c) the decree that clerics may not engage in any worldly business;[29] d) the decree concerning a bishop who celebrates in an unconsecrated church;[30] e) the decree against perjury;[31] f) the decree on how far a bishop is entitled to increase or mitigate the penalties prescribed by the canons;[32] g) the decree that a bishop who embraces the great schema must await the synod’s decision as to whether he may continue to exercise the episcopal office;[33] h) the decree forbidding the clergy to appropriate church property to themselves;[34] i) the decree that a bishopric may not be abolished without the consent of the higher church authority;[35] j) the decree concerning superiors of monasteries who do not belong to the brotherhood of that same monastery;[36] and k) the decree on the baptism of children taken captive.[37]

13. Michael III (1169–1177).[38] Five synodal decrees of general significance were issued during the time of this patriarch: a) that not only priests and deacons, but also readers, and indeed anyone in the service of the Church, may not engage in worldly business;[39] b) that no bishop may undertake anything of greater importance without the knowledge and consent of the synod;[40] c) how one is to proceed when a bishop tenders his resignation from his see;[41] d) concerning those bishops who ordain clerics from foreign eparchies;[42] and e) the decree abolishing the custom that had crept in of monks discharging duties outside the monastery, and establishing that only secular clergy may perform pastoral and other church duties, while monks must remain within their monasteries.[43]

14. Theodosius I (1178–1183).[44] The decree that those who have not received priestly ordination cannot be superiors of monasteries.[45]

15. Basil II (1183–1187).[46] The decree of the synod of September 1186, at which, besides this patriarch, the patriarchs of Antioch and Jerusalem and forty metropolitans were present, and by which it was established that the wife of one about to be consecrated bishop must without fail enter a monastery and become a nun.[47]

16. George II (1192–1199).[48] The synodal decree of 4 February 1197 concerning parochial rights.[49]

17. Germanus II (1222–1240).[50] Concerning jurisdiction over dependent (filial) monasteries.[51]

18. Manuel II (1244–1255).[52] Three synodal decrees of general significance were issued under this patriarch: a) answers to six questions of the bishop of Bella concerning church discipline;[53] b) concerning the transfer of bishops;[54] and c) concerning the founder’s right.[55]

19. John XI (1275–1282).[56] The synodal decision of several questions of church discipline.[57]

20. Athanasius I (1189 [sic]–1293, 1303–1311).[58] During the second patriarchate of Athanasius I a synodal decree concerning various matters of church discipline was issued, and this same decree was proclaimed a law of the state by the Emperor Andronicus the Elder.[59]

21. Philotheus (1354–1355, 1364–1376).[60] The decree concerning high treason.[61]

22. Simeon I (1472–1475, 1482–1486).[62] The decree concerning the reception of the heterodox into the Church.[63]

23. Jeremiah II (1572–1579, 1580–1584, 1585–1595).[64] The decree concerning the Gregorian calendar,[65] and the proclamation of the Russian patriarchate.[66]

24. Dionysius III (1660–1665). A synodal decree issued in 1663 by this patriarch together with the patriarchs Paisius of Alexandria, Macarius of Antioch and Nectarius of Jerusalem, concerning twenty-five questions of doctrine and church discipline.[67]

25. Callinicus II (1694–1702). Concerning the number of patriarchal thrones;[68] concerning the independent administration of the independent churches;[69] concerning church assemblies.[70]

26. Gabriel III (1702–1707). Decisions on various canonical questions.[71]

27. Jeremiah III (1715–1726). The synodal recognition of the Holy Russian Synod.[72]

28. Gabriel IV (1780–1785). The recognition of the independence of the archbishopric of Mount Sinai;[73] the synodal decree concerning the ordination of new bishops.[74]

29. Gerasimus III (1794–1797). The decree that bishops may not ordain clerics before the prescribed age.[75]

30. Gregory V (1797–1799). A synodal decree concerning clerics who engage in worldly and political affairs,[76] and a further decree that bishops may not ordain those who are not well prepared for the clerical office.[77]

31. Anthimus IV (1848–1852). The synodal recognition of the independence of the Orthodox Eastern Church in the Kingdom of Greece.[78]

32. Joachim III (1878–1884). The synodal recognition of the independence of the Orthodox Eastern Church in the Kingdom of Serbia.[79]

33. Joachim IV (1884–1887). The synodal recognition of the independence of the Orthodox Eastern Church in Romania.[80]

c) Auxiliary Sources.