canon law

The Holy Cross Greek Orthodox School of Theology in Brookline, Mass., released a “Faculty Statement on the Ecumenical Patriarchate” on April 30 and posted it on the school’s Web site on May 8. HT: Andrew. Text follows:

The Leadership of the Ecumenical Patriarchate and the Significance of Canon 28 of Chalcedon

The Ecumenical Patriarchate of Constantinople is the preeminent Church in the communion of the fourteen Autocephalous Orthodox Churches. Reflecting the witness of St. Andrew, the First Called Apostle, the enduring mission of the Ecumenical Patriarchate of Constantinople is to proclaim the salutary Gospel of Jesus Christ in accordance with the Apostolic and Orthodox Faith.

The Ecumenical Patriarchate has a particular responsibility to strengthen the unity of the Orthodox Churches and to coordinate their common witness. At the same time, the Ecumenical Patriarchate has a specific responsibility to care for the faithful in lands beyond the borders of the other Autocephalous Churches. This is a ministry of service to the entire Church which the Ecumenical Patriarchate undertakes in accordance with the canons and often under difficult circumstances.

The Faculty of Holy Cross Greek Orthodox School of Theology profoundly regrets that statements recently have been made which misinterpret the canonical prerogatives and distort historical facts related to the distinctive ministry of the Ecumenical Patriarchate. Indeed, some injudicious remarks have insulted the person of Ecumenical Patriarch Bartholomew and have attempted to diminish the significance of his ministry.

These statements, made by bishops, priests and laity, have been widely distributed. Regretfully, they have done little to advance the cause of Orthodox unity and the witness of the Church today. Indeed, some observations have misrepresented the traditional basis of Orthodox ecclesiology. They contradict the admonition of St. Paul that “all things should be done decently and in order” (1 Cor. 14:40).

Principles of Ecclesiastical Organization

The Church, chiefly through the Ecumenical Councils, has established significant principles of ecclesiastical organization. These principles are expressed in the canons of the Councils and in subsequent historical practices which have been sanctioned by the Church. These principles support the proclamation of the Gospel and strengthen the good order of the Church.

The Ecumenical Patriarch has been accorded specific prerogatives of witness and service from the time of the fourth century. This was a period when the Church was able explicitly to provide for canonical structures following the period of great persecution of the first three centuries. These prerogatives form the basis for his ministry to the entire Orthodox Church. These prerogatives distinguish the responsibilities of the Ecumenical Patriarch from other bishops of the Orthodox Church. They clearly grant to the Ecumenical Patriarch of Constantinople a primacy among the bishops of the Church. This primacy of service brings with it significant authority and responsibilities. Continue reading →

Many of the current jurisdictional controversies within the Orthodox Church involving the Ecumenical Patriarch, relations between Constantinople and Moscow, the status of the “autocephalies” — even the future of the American Orthodox Church — hinge on the question of primacy. While Orthodox Christians have rejected the Roman model of primacy as “supreme power” over the Bishop and local Church, the question of primacy within the Orthodox Church is a complete muddle. In “The Idea of Primacy in Orthodox Ecclesiology,” an essay written in 1960 and now available on the AOI main site, Fr. Alexander Schmemann examines various aspects of the primacy question, an issue he describes as “on the agenda for our time.” As he reminds us, the ecclesiological interpretation of primacy — regional, autocephalous, and “universal” — is “virtually absent” from from Orthodox theology. “We badly need a clarification of the nature and functions of all these primacies and, first of all, of the very concept of primacy,” Fr. Schmemann writes. “For both in theory and in practice there is a great deal of confusion concerning the definition of the ‘supreme power’ in the church, of its scope and the modes of its expression.”

Excerpts:

It would not be difficult to prove that the canonical and jurisdictional troubles and divisions, of which we have had too many in the last decades, have their roots in some way or other in this question of primacy, or, to be more exact, in the absence of a clearly defined doctrine of the nature and functions of primacy. And the same unsolved problem constitutes a major handicap for the unity and, therefore, the progress of Orthodoxy in countries like America where, paradoxically enough, the loyalty to a certain concept of “canonicity” leads to the most uncanonical situation that can be imagined: the coexistence on the same territory of a number of parallel jurisdictions, and dioceses…

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In the early Church the canonical tradition was an integral part of ecclesiology — of the living experience of the Church. But little by little it became an autonomous sphere in which the visible ecclesiastical structures, the functions of power and authority, and the relations between Churches, ceased to be explained in terms of the Church-Body of Christ. Loosing its ties with ecclesiology, the canonical tradition became “canon law.” But in Canon Law there was no room for the notion of the Body of Christ because this notion has nothing to do with “law.” Continue reading →