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The Canons
of the Apostles
Translated f rom Russ ian by Eugene Zaharovfrom the Book o f Canons by the Bishop Gregory Grabbe
Content:
The Canons
of the ApostlesGeneral Introduction
The !" Apostolic Canons
Addendum
The Canonical #tatusof the $atriarch of Constantinople
in the %rthodo& Church
General Introduction.
'from several sources(
Historical Background.
)ith the spread of the Christian community throughout the entire area of the
*editerranean+ the initial organi,ation of the Church soon had to be e&tended -uring this stageof gro.th+ a hierarchy .as developed and ne. conditions of life modeled after the teachings of
Christ came into e&istence It thus became necessary to define the status of the believer .ithin
the Christian community and society at largeThis organi,ation .as only rudimentary+ but it clearly .as there It is /uite evident that
the Church in her primitive period had no precisely defined 0uridical organi,ation+ much less a
techni/ue or science of la. 1o.ever+ all the elements of a true 0uridical organi,ation .ere thereThose persons invested .ith authority made rules and demanded strict adherence to them
#ynods came out unsparingly against those .ho threatened the unity of the Church and the purity
of her doctrine They did not hesitate+ furthermore+ to impose severe sanctions upon those .ho
opposed her discipline It .as the 2irst Ecumenical #ynod of 3icaea '45"( .hich referred to
canons as the disciplinary measures of the Church The distinction+ therefore+ bet.een kanones+the disciplinary measures and rules adopted by the Church+ and nomoi+ the legislative actions
ta6en by the state+ came about /uite earlyThe la. .hich emerged from the earliest times developed in response to the needs of the
ecclesiastical community -uring both good and bad periods of the Church7s history+ her la. has
adapted itself constantly to the circumstances of he time+ up to the present day The collections ofla.s .hich the Church has promulgated in no .ay detract from her e&alted status and sacred
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character They reflect a certain imperfection 8 not in the institution of the Church 8 but in
those individuals of .hom it is composed As an institution of divine origin composed of human
beings+ the Church is at the same time both a human and a divine institution It might be said thatit is at the crossroads of the finite and the infinite+ the created and the uncreated+ the human and
the divine
The Church is not to be identified .ith her rules The Church indeed has rules+ but shehas much else besides #he has .ithin her treasures of another order and another value besides
her canons #he has her theology+ her spirituality+ her mysticism+ her liturgy+ her morality And it
is most important not to confuse the Gospel and the Pedalion 'collection of canons(+ theologyand legislation+ morality and 0urisprudence Each is on a different level and to identify them
completely .ould be to fall into a 6ind of heresy The canons are at the service of the Church9
their function is to guide her members on the .ay to salvation and to ma6e follo.ing that .ay
easier
Content of the Canons.
There are canon la.s of the apostles+; ecumenical councils+ of provincial and local
councils+ and of individual church fathers .hich have been received by the entire %rthodo&Church as normative for Christian doctrine and practice As a .ord canonmeans literally rule or
norm or measure of 0udging In this sense the canon la.s are not positive la.s in the 0uridicalsense and cannot be easily identified .ith la.s as understood and operative in human
0urisprudence
The canons of the Church are distinguished first bet.een those of a dogmatic or doctrinalnature and those of a practical+ ethical+ or structural character They are then further
distinguished bet.een those .hich may be changed and altered and those .hich are
unchangeable and may not be altered under any conditions
The dogmatic canons are those council definitions .hich spea6 about an article of theChristian faith9 for e&le+ the nature and person of
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Collections of Canonical Laws.
The holy canons+ .hich are the basis of the Church7s canonical tradition+ stem from threemain sources: Ecumenical #ynods 'representing the universal Church(+ =ocal #ynods
'subse/uently ratified by the Ecumenical #ynods as representing the tradition of the universal
Church(+ and the 2athers of the Church All of these canons+ .hich number about one thousand+are contained in several collections The one most .idely used today in the Gree6>spea6ing
%rthodo& Churches is thePedalion'the Rudder;(+ .hich ta6es its name from the metaphor of
the Church depicted as a ship As the ship .hich is guided safely to its destination by means of arudder+ in li6e manner are the members of the Church guided on their voyage through life by
means of the holy canons
The %rthodo& Church never had and to this day does not have a common code& of
Church la. .hich could compare to the code& of canon la. of the Catholic Church Each localChurch has its o.n compendium .hich reflects the local characteristics The source of all such
compendia lie those collections of Church la. compiled in *edieval By,antium These contain
decisions of Church authorities .hich .ere reached in totally different historical epochs and in
different Churches+ as .ell as decrees of By,antine emperors and a number of statutes .hich areof purely local character The form in .hich these codices of local Church la. presently e&ist
cannot fully serve as practical guides and are in reality only of historical interest Today7s Churchorgani,ation outgre. these codices A significant part of their norms cannot be applied to present
conditions and have been changed and even discarded in various autocephalous Churches Along
.ith these codices the autocephalous Churches publish and continue to publish their o.n canonseither ma6ing up a part of local compilations or e&ist in separate forms 3aturally there is neither
e&ternal nor internal agreement among all these norms .hich ma6e up the Canon =a. of each
local Church
In all these la.s of the local Churches a number of decrees can be e&tracted .hich applyto the .hole %rthodo& Church These are+ in a narro. sense+ canons based on decisions of
Ecumenical Councils+ local Councils+ and Church 2athers .hich .ere accepted by the .hole
Church These enactments .ere collected in a special compilation by the Russian Church called?niga $ravil @Boo6 of Rules Even though the Church al.ays treated these .ith special respect
they nonetheless .ere sub0ect to changes+ additions and deletions from the time of their
promulgation 'appro& from I to centuries( through later years But only in e&treme cases didthe issue of ne. decrees included directions about the discarding of the corresponding previous
canon This presents one of the difficulties in the application of these canons .hich has no
analogous e&le in any other form of 0urisprudence At the present time .e can not al.ays
have the ability to determine .hich canons are effective and .hich are not Thus it is possible tostate .ith certainty that certain canons are no longer effective+ for e&le all canons dealing
.ith the reception into the Church of individuals from ancient heresies .hich no longer e&ist+
such as *ontanists+ 3ovatians+ $hotinians+ Arians+ etc+ and canons governing institutions .hichdisappeared from the Church such as penitential discipline It becomes more difficult to deal
.ith canons no longer observed .hich govern the age of clerics+ forbidding the translation of
presbyters and bishops+ the summoning of councils+ courts+ ecclesiastical penalties+ etcInasmuch as they are no longer observed+ can they be ignored or should Church life be changed
to allo. these canons to be effective once again
This lac6 of complete internal and e&ternal unity does not reflect on the one hand+ the
most characteristic mar6 of canonical legislation #uch a mar6 is its incompleteness In reality+ it
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completely lac6s those norms .hich by analogy .ith 0uridical legislation+ can be referred to as
fundamental; The more complete canonical compilations not only Eastern but )estern as .ell+
have no canons .hich establish general and fundamental principles of Church organi,ationThese compilations have any number of canons regulating the relationship of bishops among
themselves+ the interrelation of presbyters and deacons+ but .e .ould not be able to find canons
defining the very principle of hierarchy There is not a single rule calling for the Church to haveall three orders of clerics The basic organi,ation of a Christian community headed by a bishop is
not to be found This is especially evident if one ta6es note that the canons /uite thoroughly
determine the *etropolitan7s administration The same incompleteness can be found .ith othercanonical problems for e&le .ith Ecclesiastical 0uridical process+ as .ell as #acraments of
Baptism+ Eucharist and *atrimony In te&tboo6s of Canon =a. these lacunae are completed by
teaching found in the 3e. Testament and in the .ritings of the 2athers and Teachers of the
Church The Apostolic Canons and the commandments of Christ himself are given thecharacteristics of canonical norms although not a single Council ruled .hich of these must be
considered as such )e are so accustomed to these gaps that they are not even noticed+ but if
some historian .ould attempt to describe the organi,ation of the Church based e&clusively on
canonical norms he .ould fall into a number of serious errors The same mista6e is made bythose .ho attempt to base canonical consciousness e&clusively on the canons This attempt is
nothing more than an illusion If canonical norms spea6 of this or that fact or manifestation ofChurch life+ it can be 0udged to be correct based on these canonical norms But+ .hat can be said
about something .hich the canonical norms did not even anticipate If only that is canonical
.hich corresponds to canons and .hat does not so correspond is uncanonical then+ as .e haveseen+ there is no indication in the canons about the most basic and fundamental areas of Church
structures 2inally if all the canonical legislation is ta6en as a .hole as the basis of canonical
consciousness then it must be accepted that each local Church en0oys its o.n canonical
consciousness This not only reduces the dimension of the sphere of canonical consciousness butthe possibility of any canonical assessment of any local Church disappears This concept does
not allo. for a solution of canonical problems applicable to the .hole %rthodo& Church but does
allo. each Autocephalous Church to resolve these problems only for itself This .ouldundermine the oneness of %rthodo& consciousness .hich unites all local Churches+ even in the
absence of mutual 0uridical relations+ into the %ne Apostolic Church That separatism and that
isolation of local Churches .hich is presently /uite evident+ can be partly e&plained by thisdefect in canonical consciousness
If the absence of unity and completeness of canonical norms is a hindrance for the
acceptance of these norms as the foundation of canonical consciousness then+ on the other hand+
these features of canonical creativity should not be blamed on those deficiencies Canonicallegislation never had the tas6 to establish basic norms and basic principles of Ecclesiastical
organi,ation These .ere given once and for all in the dogmatical teaching about the Church
.hich not only anticipates canonical creativity but becomes its basis and precondition Canonicalcreativity in the Church has the tas6 to further that .hich .ould enable the dogmatical teaching
about the Church to find a more correct and complete reali,ation in the given historical condition
of the Church7s organi,ation+ and to protect the Church7s life from deviations and error Thecontent of the dogmatical teaching about the Church determines the content of canonical
legislation A different teaching about the Church .ould invariably result in different canons
since they ma6e up the active force in the life of the Church Ecclesiastical decisions are in effect
the canonical interpretations of the dogma about the Church during a particular moment in the
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history of its e&istence The basic principles of the Church7s teachings do not fall into the area of
canon la. but are a part of dogmatics This gives canonical norms a special characteristic
distinguishing them from 0uridical norms+ and canon la. is given those characteristics .hichma6e of it a particularly uni/ue la.
The attempts to e&trapolate canonical consciousness out of the e&isting historical forms
of Church life or out of the canons themselves are .rong in that they ignore the foundations ofChurch life and accept it in an empirical and temporary aspect The foundation of correct
canonical consciousness cannot be that .hich is transient and temporary+ that .hich depends
upon the historical moment+ but that .hich in her is not transient and not temporary+ .hich doesnot depend on historical conditions and historical circumstances This means that the foundation
of canonical consciousness can be found only in the dogmatical teaching on the Church #uch a
canonical consciousness is very close to dogmatical consciousness and only differs from it in its
direction and purpose It is the moving force of Church history .hich is intended to actuali,e thecomplete e&pression of the dogmatic teaching at any given moment+ in its canonical e&pression
It remains .ithout change among the changing forms of Church life and is uni/ue for all times+
and inasmuch as the dogmatical teaching remains changeless and uni/ue it becomes universal for
all Churches since all %rthodo& Churches confess a single dogmatical teaching It alone has theonly correct and true criterion not only for the solution of individual canonical problems but for
an evaluation of canonical forms and for a 0udgment of the character of the canons themselves
The Canonical Tradition.
The gro.th and development of a local custom that ac/uires the force of la. is .hatgives to the Church7s canonical tradition its great fle&ibility =ocal la.s or regulations are the
means by .hich the Church7s universal canonical tradition adapts itself to changing
circumstances Although this is true+ it must not be supposed that any local custom automatically
establishes itself as part of the Church7s canonical tradition 2or that+ certain conditions must bemet In the first place+ it must be the conviction of the ecclesiastical community concerning a
certain act repeated in the same .ay for a long time Therefore+ t.o main conditions are
necessary for the acceptance of the custom as la.: it must have en0oyed a long and steadypractice+ and the consensus of opinion must be that it has the force of la. In order for custom to
be accepted as a source of the Church7s canonical tradition+ it must be in full harmony .ith the
holy tradition and scripture+ as .ell as doctrineThe /uestion of .hether they are sub0ect to change or .hether they remain absolutely
changeless+ is of particular practical significance This problem is not ne. and repeatedly came
to the fore by life itself The Council in Trullo resolved this on the side of the immutability of
canons %n the other hand+ canonical creativity .as a fact throughout its e&istence and evendecrees of Imperial authority in effect repealed purely Ecclesiastical enactments 1o. little the
Imperial authority felt constrained can be seen in the opinions of 0urists in the days of *anuel
Comnenus+ that his royal decrees superseded not only the Code of
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e&cluded from the Church It is sufficient to point to the ninth Apostolic Canon+ .hich decrees
the e&communication all laymen 'as .ell as the eighth for clerics( .ho do not remain for prayer
and the Eucharist to the end; If all canons are immutable then they all are+ and remain+ in forceIt is not li6ely that this vie. is agreeable to those .ho defend it 2urthermore+ such a teaching
does not ta6e into account that state of ecclesiastical legislation described above
The theological misunderstanding consists in that this opinion does not ta6e into accountthat the absolutely immutable character of dogmas is not conditioned upon by their being enacted
by Councils and accepted by the Church+ but because they are an e&pression of absolute truth
Their formulation by Councils and their acceptance by the Church are but the solemn .itness oftheir truth They e&press not .hat is temporary but .hat is eternal+ but incidentally+ 0ust as do the
canons+ they have to do .ith the temporary forms of Church life+ even though these forms can be
considered unchangeable .ithin the limits of empirical e&istence
Canonical scholarship cannot accept this point of vie. about the canons %n the onehand+ one can find both in the %rthodo& but especially in the Catholic canonical literature+
another vie. .hich defines as immutable only those canons .hich are based on -ivine la. All
those norms+ .hich emanate from the clearly e&pressed -ivine .ill contained in #cripture and in
Tradition have an immutable and an absolute character+ all other norms are related to the area ofhuman la. and thus can be sub0ect to change %f course+ the believer cannot 6no.ingly encroach
upon the absolute character of -ivine commandments but it appears that the distinction bet.een0us divinum and 0us humanum is far from certain In practice most of the arguments are brought
about by the /uestion of the character of that or another decree+ is it attributable to -ivine or to
human la. The norms affirmed in the Gospel are indisputable from this point of vie.+ but .ithrespect to norms found in the Epistles+ one cannot al.ays be categorical The Apostle $aul in
certain cases clearly indicates the source of his rules+ and in other cases there are no such clear
indications It is .ith great difficulty that one discovers the teaching about the immutable
character of norms+ based on -ivine la. in those cases .hen some of those norms have beensub0ect to change in the life of the Church Even Christ7s commandments+ if they be given a
canonical meaning+ assume a temporary character+ ie they are considered obligatory for certain
epochs and not obligatory for others 'eg those dealing .ith the dissolution of marriage and thegrounds for it( The Church structure of the Corinthian community described by Apostle $aul has
e&isted for a fe. decades 3either .as the so>called Apostolic decretal 8 the decision of the
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e&pose a more complete and more accurate reali,ation of these foundations in each given
historical epoch They are temporary+ but not 0ust in a sense that a part of them is called to
e&istence by a comple& of purely e&ternal reasons+ but in that they all are a part of that .hich inthe Church is temporary As temporary directives+ the canons are mutable+ even in the case .hen
they directly refer to one or another statement of the Apostles or even of Christ %f course+ these
statements in themselves are absolute and immutable but they do not belong to canons but onlysho. that Church authority+ issuing decisions+ considered it essential to refer to the dogmatical
foundation of its directives The fiftieth Apostolic Canon demands the deposition of a presbyter
or bishop .ho performs the #acrament of Baptism .ith one immersion since Christ 1imselfcommanded: Go therefore and teach all nations+ bapti,ing them in the name of the 2ather+ and
of the #on+ and of the 1oly #pirit; The Church can change this+ its o.n+ canonical decree+
increasing or decreasing the punishment for the guilty party+ but this .ill not sub0ect the .ords
of Christ to a change+ inasmuch as it does not belong to a canonical norm but belongs to thedogmatical teaching on the #acrament of Baptism+ of .hich this decree is an interpretation
Pastoral Significance of Canon Law
The canons ought also to be understood as pastoral guidelines As such+ they should serveas models upon .hich subse/uent ecclesiastical legislation is based .henever possible The
canons of the 2athers+ in particular+ reflect the pastoral nature of their contents The 2athers .ho.rote them did not thin6 that they .ere .riting legislative te&ts In most cases+ they .ere either
responding to the /uestions put to them by individuals see6ing their counsel+ or else e&pressing
their vie.s on matters of grave concern to the Church Because of their pastoral sensitivity andthe high esteem in .hich they .ere held+ these 2athers greatly influenced both their
contemporaries and succeeding generations As a result+ the directives contained in the canons of
the 2athers prior to the #i&th Ecumenical #ynod .ere recogni,ed by the second canon of that
synod as e/ual in authority to the synodal canons themselves In fact+ several of the canons of #tBasil+ repeated among the canons of the same #i&th Ecumenical #ynod .ere recogni,ed by the
second canon of that synod as e/ual in authority to the synodal canons themselves
The 2athers .hose canons appear in our canonical collections e&erted no less aninfluence upon the development and formation of the canons of other synods Conse/uently+ the
pastoral nature evident in the canons of the 2athers is also easily discernible in the canons of the
synods It is because of this characteristic that the canons have been referred to as fruits of the#pirit+; .hose purpose is to assist man6ind in its /uest for salvation Certainly such a lofty
purpose can only be appreciated .hen the canons are understood as pastoral guidelines and not
as legislative te&ts ie.ed simply as legislative te&ts+ the canons differ little from la.s to be
upheld rigidly and absolutely Recogni,ed+ ho.ever+ as the pastoral guidelines .hich in fact theyare+ the canons serve the purpose for .hich they .ere intended .ith compassion and fle&ibility
It is this latter understanding of the canons .hich ma6es comprehensible the e&ercise of
economy; as practiced in the %rthodo& Church today
Canonical Discipline.
#ince the realm of conscience has been mentioned+ a final .ord remains regarding thecharacter of canonical discipline 2ollo.ing a penitent7s admission of guilt in the sacrament of
$enance+ the spiritual father determines .hether acts of penance 'epitimia( should be prescribed
These acts of penance may include fasting+ prostration+ prayer+ acts of charity+ or minor
e&communication 'temporary e&clusion from holy Communion( among others Acts of penance
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must not be confused .ith punishment in the sense of retribution for evil committed They must
not have any element of vindictive punishment about them %n the contrary+ the purpose of the
Church7s canonical discipline is both pastoral and pedagogical It see6s both to correct andreform the repentant sinner and to protect the community from the resulting sin Conse/uently+
by depriving the sinner of holy communion for a time+ it see6s to impress upon the individual the
gravity of his sin At the same time+ if the sin is publicly 6no.n+ it see6s to demonstrate thatcertain acts are+ beyond any doubt+ inadmissible for everyone
The Concept of Econom.!
nli6e secular la.+ or *osaic la.+ the purpose of the Church7s la. is the spiritual
perfection of her members *ere application of the letter of the la. is replaced by a sense for the
spirit of the la.+ and adherence to its principles This purpose is the determining factor .hen
authority is granted to apply the la. .hen circumstances .arrant according to each individualcase The spirit of love+ understood as commitment to the spiritual perfection of the individual+
must al.ays prevail in the application of the la. The abolition of the letter of the la. by the
spirit of the la. has led to the institution of economy+; e&ercised in nonessential matters
Through economy+; .hich is al.ays an e&ception to the general rule+ the legal conse/uencesfollo.ing the violation of a la. are lifted
Economy; is granted by the competent ecclesiastical authority and has not so much thecharacter of urgency as it does the character of compassion for human frailty The character of
compassion is 0ustified by the Church7s ardent desire to prevent any adverse effects from the
strict observance of the la. in e&ceptional circumstances The premise upon .hich an e&ceptionis granted is the general .elfare of all concerned This premise e&ists in all systems of la. but it
finds its fullest e&pression in the Church7s la. As the la. of grace+ it is characteri,ed primarily
by the spiritual attributes of compassion+ pastoral sensitivity+ and forgiveness
Economy; is not something to be applied at random or arbitrarily It is governed bydefined guidelines .hich must be strictly adhered to by the competent ecclesiastical authority
granting it 2irst and foremost+ e&ception from a la. .hich has been endo.ed .ith universal
recognition and validity is not possible It is only from a la. that has not been endo.ed .ithsuch authority that a person can be released+ if this is deemed spiritually beneficial
The right to e&ercise economy; is the sole prerogative of the legislator 'council or holy
synod of bishops( This right can in turn be delegated to individual bishops by the corporateauthority of the synod This delegation must+ ho.ever+ be .ithin the limits prescribed by the
canons and according to the e&press authori,ation of one7s superior legislative authority '#ee+ for
e&le+ canon 5 of Ancyra: It is li6e.ise decreed that deacons .ho have sacrificed to pagan
idols and after.ards resumed the conflict shall en0oy their other honors+ but shall abstain fromevery sacred ministry+ neither bringing forth the bread and the cup+ nor ma6ing proclamations
3evertheless+ if any of the bishops shall observe in them distress of mind and mee6 humiliation+
it shall be la.ful to the bishops to grant more indulgence+ or to ta6e a.ay .hat has beengranted;(
As evidenced by the phrase: it shall be la.ful to the bishops to grant more indulgence+
or to ta6e a.ay .hat has been granted+; economy; may be both a more lenient or a more strictobservance of the rule Conse/uently+ economy; is any deviation from the norm The e&ercise
of economy; ceases if its cause no longer e&ists or if the basis for its application rested upon
false or pretended grounds %nce economy; has been applied+ the normative practice is restored
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as before 2urthermore+ temporary departure from the normative practice through economy;
does not set precedent
The institution of economy; has been actively invo6ed throughout the history of the%rthodo& Church This is perhaps due in part to liberal trends of thought in the cultural milieu
.ithin .hich the %rthodo& Church flourished Although authority in the e&ercise of economy+;
especially in matters of great importance+ rests .ith the synod of bishops of each local church+this authority+ as indicated+ can be delegated to individual bishops as .ell The Ecumenical
#ynod+ as supreme administrative+ legislative and 0udicial body in the Church+ administers
ultimate authority in the e&ercise of economy; It alone can alter or overrule the decision of anysubordinate ecclesiastical authority In the realm of conscience+ ho.ever+ it is the spiritual father
.ho has been entrusted .ith the authority to e&ercise economy; according to his good
0udgment The determining factor in its application+ ho.ever+ must al.ays be the spiritual
.elfare of the penitent
The 85 Apostolic Canons.
".=et a bishop be ordained by t.o or three bishops
'Canon D of st Council9 Canon 4 of Hth Council( Bishops are the successors to the grace received by the
apostles In their spiritual authority+ they are e/uals among themselves and+ therefore+ not ordained by any
one bishop but rather by the entire bishopric community #ince the participation of all bishops .ithin anecclesiastical community may be difficult+ the re/uired number is reduced to a minimum of t.o or three
After the resurrection of our #avior from the dead and 1is assumpsion into heaven+ the Apostles+ .ho had
been sent forth by 1im+ as 1e 1imself had been sent forth by the 2ather+ into all the .orld+ and had received
all authority to bind and to loose and all the gracious gifts of the All>holy #pirit on the day of $entecost+ they
not only possessed the name of apostle by virtue of the facts themselves+ but indeed even the name of bishop+
or overseer+ as sacred Epiphanius bears .itness '1er 5H(: 2irst .ere $eter and $aul+ these t.o Apostles and
Bishops; =i6e.ise did all the rest+ as the 2athers affirm 2or this reason it .as that they ordained+ or
decreed+ that city bishops be ordained by three bishops or t.o But also those .ho .ere preaching in thecountry and city+ as sacred Clement says+ in his first epistle to the Corinthians: They appointed their
firstfruits+ trying them .ith the #pirit+ as bishops and deacons of those .ho .ere going to believe in the
future; 1ence+ too+ Ignatius the God>bearer+ in .riting to the faithful in Tralles 'a Gree6 city in Asia *inor(+
commands: Respect your Bishop+ too+ li6e Christ+ in accordance .ith .hat the blissful Apostles en0oined;
Thus much is all .e have to say concerning the .ord bishop As for the Gree6 .ord corresponding to the
English .ord ordainin the sense of appoint a person to an office+ cheirotonia+ it is etymologically derived
from the Gree6 verb teino+ meaning to stretch 'forth the hands+ for e&le(9 and it has t.o significations
2or the .ord cheirotonia is used to name the simple action of choosing and designating one to hold a dignityof any 6ind+ .hich .as performed by tlie people by stretching forth their hands+ according to that saying of
-emosthenes: )homsoever you ordain a general; 'in his ftrst $hilippic( And especially in accordance .iththe custom in vogue in the Church in olden days+ .hen the multitudes .ould cro.d together unhindered and
ordain+ or+ more plainly spea6ing+ designate the chief priests+ or bishops+ by stretching forth their hands+ as
Zonaras says+ though after.ards the council held in =aodicea forbade this in its fifth Canon+ .herein it said:That ordinations+ or+ in other .ords+ designations+ as signified by votes+ must not be performed in the
presence of listeners; Today+ ho.ever+ the .ord ordination 'cheiiotonia( signifies the sacrament involving
prayers and an invocation of the 1oly #pirit in the course of .hich a bishop lays his hand upon the head of
the ordinee+ in accordance .ith that Apostolic saying: Lay not hands upon anyone too quicklyAnd this
fact is familiar to all #o this Canon prescribes that every chief priest+ or prelate '.hether he be ametropolitan+ that is to say+ or an archbishop or merely a bishop( is to be ordained by t.o bishops or three
Apparently the figure of speech is that .hich is called in English hysteron proteron+; but in Gree6
prothysteron+ meaning the placing of .hat .ould naturally come first in a later position+ and vice versa 2or
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it .ould have been simpler and more usual to say .ithout the figure of speech: A bishop must be ordained
by three other bishops or 'at least( t.o; Thus the Apostolical In0unctions '.hich some have inaccurately
translated into English as Apostolical Constitutions;( promulgate the same Canon .ithout any figure of
speech by saying: )e command that a bishop be ordained by three 'other( bishops+ or at any rate by at least
t.o;
#.=et a presbyter+ deacon+ and the rest of the clergy be ordained by one bishop
'Canon F of the Council of Gangra9 Canon 4 of the Council of =aodicea9 Canon !J of #t Basil the Great(
The ordination of a bishop is an act of the entire bishopric community The ordination of a presbyter+ deacon+
or other clergy is entirely .ithin the authority of an individual bishop and+ therefore+ the ordination is
performed by him alone
$.If any bishop or presbyter offers any things at the sacrificial altar other than that .hich the
=ord ordained for the sacrifice+ .hether it be honey+ or mil6+ or strong>made drin6 instead of.ine+ or birds+ or any living things+ or vegetables e&cepting ne. ears of .heat and bunches of
grapes at the appropriate season+ let him be deposed 3either is it allo.ed to bring anything else
to the altar at the time of the holy oblation+ e&cepting oil for the lamps and incense
'Canons 5!+ "H+ and JJ of the Fth Council9 Canon DF of Council of Carthage( In early Christianity+ believers
brought various offerings to church #ome+ especially converts from
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his bishop and he cannot accomplish anything .ithout the bishop7s blessing #uspension from clerical
activity interrupts this flo. of grace through the cleric much li6e the flo. of electricity is interrupted by a
bro6en .ire The effect @flo. of grace restarts only after removal of the suspension in due order
A suspended cleric does not have the right to perform any action reserved for the clergy+ including blessing
the faithful If+ .hile on suspension+ he communes the 1oly *ysteries+ he receives them not in his vestmentsand .ith the rest of the laity outside the altar Being deposed from the clergy lo.ers the cleric to laity status
and forever precludes him serving as a member of the clergy again
'. =et not a bishop+ presbyter+ or deacon underta6e .orldly business %ther.ise+ let him be
deposed
'Canons ! and !4 of the 1oly Apostles9 Canons 4 and H of the Dth Council9 Canon K of the Hth Council9
Canon of the st and 5nd( Being a member of the clergy is the highest order of service and re/uires of a
person the focus of all his mental+ spiritual+ and physical strength Therefore+ this Canon forbids that a
member of the clergy be distracted from his service by other concerns The meaning of this Canon is more
precisely defined by Canon ! of the 1oly Apostles .hich forbids a bishop or presbyter from involvinghimself in political and secular affairs and businesses but+ instead+ that he not relin/uish himself from the
affairs of the Church 2or+ according to Christ+ no one can serve t.o masters
(.If any bishop+ presbyter+ or deacon shall celebrate the holy day of Easter before the vernale/uino& .ith the
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"+. If any one shall pray+ even in a private house+ .ith an e&communicated person+ let him also
be e&communicated
Bishop
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"%. A bishop is not to be allo.ed to leave his o.n parish and pass over into another+ although he
may be pressed by many to do so+ unless there be some proper cause to do so on the ground that
he can confer some greater benefit upon the persons of that place in the .ord of godliness Andthen+ this must not be done of his o.n accord+ but by the 0udgment of many bishops and at their
earnest e&hortation
In principle+ a bishop is selected to his see 'or cathedra( for life 1o.ever+ it is possible to be transferred by
decision of a #obor .hen this is for the benefit of the Church A move to another cathedra is not permitted
and is punishable under canonical penances .hen such a move is contemplated by a bishop on his o.n
accord and not based on benefit to the Church 'Canon " of the st Council9 Canon " of the Dth Council9
Canons 4+ F+ and 5 of the Council of Antioch9 Canons + 5+ and H of the Council of #ardica9 Canon "J of
the Council of Carthage(
"&. If any presbyter+ or deacon+ or any other of the list of the clergy shall leave his o.n parishand go into another+ and having entirely forsa6en his o.n shall ma6e his abode in the other
parish .ithout the permission of his o.n bishop+ .e ordain that he shall no longer perform
divine service9 more especially if his o.n bishop having e&horted him to return he has refused todo so and persists in his disorderly conduct But let him commune there as a layman
'Canons " and F of the st Council9 Canons "+ K+ 5K+ and 54 of the Dth Council9 Canons H and ! of theFth Council9 Canon 4 of the Council of Antioch9 Canons " and F of the Council of #ardica9 Canons F" and
K of the Council of Carthage(
"'. If+ ho.ever+ the bishop .ith .hom any such persons are staying+ shall disregard the
command that they are to cease from performing divine offices and shall receive them as
clergymen+ let him be e&communicated as a teacher of disorder
The e&planation to Canon 5 of the 1oly Apostles is further refined in Canons " and F This Canon applies
to those members of the clergy .ho relocate into a different diocese .ithout canonical release anddisregarding the appeal of their o.n bishop to return In accordance .ith Canon F+ a bishop not accepting
the suspension caused by their unla.ful relocation and accepting them as members of the clergy must bee&communicated as a teacher of disorder 'Canon " of the st Council9 Canon H of the Fth Council9 Canon
4 of the Council of Antioch(
"(.1e .ho has been t.ice married after baptism+ or .ho has had a concubine+ cannot become a
bishop+ or a presbyter+ or a deacon+ or any other of the sacerdotal list
1oly #criptures+ both in the %ld and 3e. Testaments+ clearly establish that divine duties may only be
performed by those .ho have not been married more than once '=eviticus 5:H+ 5:49 Timothy 495>49
Titus :">F( This re/uirement comes forth from a high level of understanding of the virtue of abstention+ asstanding above marriage9 and from another perspective of second marriage as a sign of moral .ea6ness This
Canon .as al.ays observed in both the Eastern Church and the )estern Church It has applied to all on the
sacerdotal list+ beginning .ith readers and subdeaconsThe Canon states after baptism; This means the re/uirement applies to those .ho are already Christian
Zonaras e&plains: )e believe that the Godly vessel of 1oly Baptism ma6es possible+ and no sin committed
by anyone prior to baptism can ma6e impossible+ for a ne.ly bapti,ed person to be eligible as a member of
the clergy In addition+ .e need to 6eep in mind that if someone .as bapti,ed having a .ife+ and 6eeps that
.ife after baptism+ that that is the first marriageThe Canon reminds us also that having had a concubine is an obstacle to becoming a member of the clergy
This means that a person cannot become a member of the clergy if he has been in an unla.ful cohabitation
.ith a .oman 'outside of .edloc6 or e/ually+ in a so>called civil marriage( The ne&t Canon ! adds further
guidance to the above restriction by re/uiring the spouse of a candidate for the clergy to be of purity as .ell
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'Canon ! of the 1oly Apostles9 Canon 4 of the Fth Council9 Canon 5 of #t Basil the Great9 =eviticus 5:H+
5:49 Timothy 4:5>49 Titus :">F(
").1e .ho married a .ido.+ or a divorced .oman+ or a harlot+ or a servant>maid+ or an actress+
cannot become a bishop+ or a presbyter+ or a deacon+ or any other of the sacerdotal list
'Canons 4 and 5F of the Fth Council9 Canon ! of Council of 3eocesaria9 Canon 5H of #t Basil the Great('=eviticus 5:D9 Corinthians F:F( The family life of a presbyter needs the serve as an e&le for hisfloc6 ' Timothy 4:5>!9 Titus :F>J(
"*.1e .ho has married t.o sisters or a niece cannot become a clergyman
'Canons 5F and "D of the Fth Council9 Canon 5 of the Council of 3eocesaria9 Canons 54+ HH+ and !H of #t
Basil the Great9 Canon " of #t Theophilus of Ale&andria( This Apostolic Canon applies to those .hoentered into such a marriage before Baptism and remained in such an unla.ful cohabitation for a time after
Baptism But those .ho did not remain in such an unla.ful cohabitation after Baptism+ may be accepted into
the clergy in accordance .ith Canon " of #t Theophilus of Ale&andria since 1oly Baptism cleanses a.ay the
sins committed during pagan life '=eviticus !:H>D9 5K:>59 *atthe. D:D(
#+.If a clergyman becomes surety for anyone+ let him be deposed
This Canon applies to surety given by a cleric for materialistic dealings Canon 4K of the Dth Council allo.ssurety for defense of clerics .ho may have been .rongfully accused as a rightful and philanthropic act This
is .hy Balsamon clarifies in his e&planation of this Canon that it does not forbid a cleric from giving surety+
and a cleric .ill not be punished for doing so+ provided it is to help a less fortunate person or for some other
pious motive 'Canons 4 and 4K of the Dth Council(
#". A eunuch+ if he .as made so by the violence of men+ or .as deprived of his virile parts under
persecution+ or if he .as born so+ if in other respects he is .orthy+ he may be made a bishop
'Canons 55+ 54+ and 5D of the 1oly Apostles9 Canon of the st Council9 Canon ! of Council of the st and
5nd Those parallel Canons apply to the ne&t three Canons as .ell(
##.1e .ho has mutilated himself cannot become a clergyman+ for he is a self>murderer and an
enemy to the .or6manship of God
#$. If any man being a clergyman shall mutilate himself+ let him be deposed+ for he is a self>
murderer
#%. If a layman shall mutilate himself+ let him be e&communicated for three years+ for he ispracticing against his o.n life
#&.If a bishop+ presbyter+ or deacon be found guilty of fornication+ per0ury+ or theft+ let him bedeposed+ but let him not be e&communicated9 for the #cripture says+ thou shall not punish a man
t.ice for the same offense; '3ahum :J( In li6e manner the other clergy shall be sub0ect to the
same proceeding
By the decision of #t Gregory of 3yssa 'Canon D(+ fornication includes the satisfaction of any le.d or lustful
desire .ith someone+ but .ithout insulting that someone 1o.ever+ in this case+ it applies to any le.d orlustful act .ith someone .ithout e&ception 'Canon D of the Fth Council9 Canons + J+ and K of the Council
of 3eocesaria9 Canons 4+ 45+ "+ and HK of #t Basil the Great(
D
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#'. %f those .ho have been admitted to the clergy unmarried+ .e ordain that the readers and
singers only may marry+ if they .ish
'Canons 4+ F+ and 4 of the Fth Council9 Canon K of the Council of Ancyra9 Canon 5K of the Council of
Carthage(
#(.If a bishop+ presbyter+ or deacon shall stri6e any of the faithful .ho have sinned or any of theunbelievers .ho have done .rong+ .ith the intention of frightening them+ .e command that he
be deposed 2or our =ord has by no means taught us to do so+ but+ on the contrary+ .hen he .as
smitten he smote not again+ .hen he .as reviled he reviled not again+ .hen he suffered hethreatened not ' $eter 5:54(
This Canon is based on the direction of Apostle $aul ' Timothy 4:49 Titus :H( 'Canon J of the Council of
the st and 5nd(
#). If any bishop+ presbyter+ or deacon+ having been 0ustly deposed upon open accusations+ shall
dare to meddle .ith any of the divine offices .hich had been entrusted to him+ let him bealtogether cut off from the Church
'Canons D and " of the Council of Antioch9 Canons 4! and HF of the Council of Carthage(
#*.If any bishop+ presbyter+ or deacon shall obtain possession of that dignity by money+ let both
him and the person .ho ordained him be deposed+ and also altogether cut off from allcommunion+ as #imon *agus .as by me $eter ' $eter 5:54(
$riesthood is a gift from God Circumventing established order and accepting priesthood in return for money
demonstrates that the person sought priesthood not for the service of God+ but for his o.n selfish ends 0ust as
did #imon *agus 'Acts of the Apostles !:!>5D( 2rom this+ every similar act has been named simony;
#uch an act is a heavy sin for both the one see6ing priesthood and the one granting it not for the good of the
Church but for his o.n selfish interest It is a very heavy sin against the very essence of priesthood .hich
.as established by God as a sacrificial service This is .hy it carries a penalty for both the one .hounla.fully received ordination and the one .ho performed it for a bribe The .eight of this sin is punctuated
by a more severe penalty than normal: being deposed and being completely e&communicated 1o.ever+ the
penalty for the one receiving ordination .ith the help of simony is really 0ust compete e&communication as
the ordination is not recogni,ed as la.ful since the grace of God cannot be transferred through a sin 'Canon
5 of the Dth Council9 Canons 55 and 54 of the Fth Council9 Canons D+ "+ and J of the Hth Council9 Canon JK
of #t Basil the Great9 Canonical Epistle of #t Gennadius9 Canonical Epistle of #t Tarasius(
$+. If any bishop obtain possession of a church by the aid of the temporal po.ers+ let him be
deposed and e&communicated+ and all .ho communicate .ith him as .ell
This Canon prescribes the same penalty as in Canon 5J for those .ho gain authority as a bishop through theaid of .orldly authorities In e&plaining this Canon+ Bishop 3icodemus .rites: If the Church condemned
the unla.ful influence of .orldly authority in those times .hen the rulers .ere Christian+ then it must
especially have condemned that influence .hen the rulers .ere pagan; There .as even greater reason for
condemning such acts in the former #oviet nion .here selection of the patriarch and bishops .as
accomplished under pressure from the anti>religious+ atheistic authority 'Canon 4 of the Hth Council(
$".If any presbyter+ despising his o.n bishop+ shall collect a separate congregation and erect
another altar+ not having any grounds for condemning the bishop .ith regard to religion or
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0ustice+ let him be deposed for his ambition as he is a tyrant In li6e manner+ let the rest of the
clergy be deposed that 0oin him and let the laymen be e&communicated =et this+ ho.ever+ be
done after a first+ second+ and third admonition from the bishop
Every uprising against la.ful authority is a display of lust for po.er oluntary severance of a presbyter
from the authority of his bishop is therefore determined by this Canon to be a usurpation of authority Both
the presbyter and the laity .ho follo. him are committing a heavy sin+ completely disregarding the orderestablished by God and forgetting that participation and grace>filled life in the Church is accomplishedthrough the bishop 1aving separated from the bishop+ they are separating themselves from the Church It
follo.s that the natural conse/uence of such an act is for the cleric to be deposed and for his follo.ers to be
e&communicated 'Canon F of the 5nd Council9 Canon 4 of the Fth Council9 Canon F of the Council of
Gangra9 Canon " of the Council of Antioch9 Canons K and of the Council of Carthage9 Canons 5+ 4+
and D of the Council of the st and 5nd(
$#.If any presbyter or deacon has been e&communicated by a bishop+ he may not be received
into communion again by any other than by the bishop .ho e&communicated him+ unless it
happens that the bishop .ho e&communicated him should decease
This Canon applies to presbyters or deacons .ho are e&communicated for a set period of time fromperforming divine services for some transgression 3o one other than the bishop .ho applied the
e&communication may remove this penalty 1o.ever+ since this penalty is applied by a bishop .ithin the
office of his diocese+ it may be removed by his successor .ithin the same diocese should the bishop passa.ay prior to the e&piration of the penalty+ but not by any other bishop 'Canon " of the st Council(
$$.3o foreign bishop+ presbyter+ or deacon may be received .ithout commendatory letters and+.hen they are produced+ let the persons still be e&amined And if they are preachers of godliness+
let them be received %ther.ise+ after supplying them .ith .hat they need+ let them not be
received into communion+ for many things are done surreptitiously
'Canons 5 and 4 of the 1oly Apostles9 Canons and 4 of the Dth Council9 Canons H and ! of the
Council of Antioch9 Canons D and D5 of the Council of =aodicea9 Canons 45 and J of the Council ofCarthage(
$%.The bishops of every nation must ac6no.ledge him .ho is first among them and account tohim as their head+ and do nothing of conse/uence .ithout his consent But each may do those
things only .hich concerns his o.n parish and the country places .hich belong to it But neither
let him+ .ho is the first+ do anything .ithout the consent of all+ for so there .ill be unanimity+and God .ill be glorified through the =ord in the 1oly #pirit
This Canon is foundational for the regional organi,ation of Churches and the governing of them by the first
among the bishops+ ie+ the metropolitan+ .ithout .hose consent the bishops of each diocese should not
commit any action outside their normal see %n the other hand+ the first among them is also not self>
governing and should consult the sobor of all bishops .ithin his region for a decision on all the most
important matters 'Canons D+ "+ and F of the st Council9 Canon 5 of the 5nd Council9 Canon ! of the 4rd
Council9 Canon 5! of the Dth Council9 Canon J of the Council of Antioch(
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the .hole province+ as+ for instance+ do /uestions concerning the dogmas+ matters involving ad0ustments and
corrections of common mista6es+ the installation and ordination of prelates+ and other similar things Instead+
they are to meet .ith the metropolitan and confer .ith him in regard to such common matters+ and decide in
common on .hat appears to them the best thing to be done Each of the bishops should do by himself+
.ithout consulting his metropolitan+ only those things that are confined to the limits and boundaries of hisbishopric and to the territories that are sub0ect thereto But 0ust as bishops should do nothing of common
interest .ithout consulting the metropolitan+ so and in li6e manner a metropolitan ought not to do anything ofsuch common interest alone and by himself .ithout consulting all his bishops 2or in this .ray there .ill be
concord and love+ both bet.een bishops and metropolitans and bet.een clergymen and laymen The outcome
of this concord and love .ill be that God the 2ather .ill be glorified through 1is #on+ our =ord
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arisen %ne meeting is to be held in the fourth .ee6 of $entecost @the fourth .ee6 after Easter
and the other on the 5th day of %ctober
=ater+ councils of the bishops .ere scheduled at other times for various reasons 'Canon " of the st Council9
Canon ! of the Fth Council( Canon 4H of the 1oly Apostles+ Canon " of the st Council+ Canon 5 of the 5nd
Council+ and Canon J of the Dth Council direct that the councils be held t.ice a year 1o.ever+ Canon ! of
the Fth Council points out that invasions by barbarians and various other obstacles may ma6e thisimpractical In accordance .ith Canon ! of the Fth Council+ a less fre/uent call for the Councils may be
0ustified In the subse/uent e&perience of the Church+ a practice evolved to hold smaller local Councils .hen
even an annual general Council .as not possible #uch smaller Councils .ere empo.ered by the general
Councils to periodically gather the local bishops of a region to decide issues .hich .ere beyond the scope of
a single diocese In Russian terminology+ such smaller councils .ere called #ynods In Gree6 terminology+
the term #ynod applies to the permanent collective body of all ruling bishops as .ell as the Council ofbishops of a given region 'Canon 4D of the 1oly Apostles9 Canon " of the st Council9 Canon 5 of the 5nd
Council9 Canon J of the Dth Council9 Canon ! of the Fth Council9 Canon F of the Hth Council9 Canon 5K of
the Council of Antioch9 Canon DK of the Council of =aodecia9 Canons 5" and !D of the Council of Carthage(
$). =et the bishop have the care of all the goods of the Church+ and let him administer them as
under the inspection of God But he must not alienate any of them or give the things that belong
to God to his o.n relations If they be poor+ let him relieve them as poor+ but let him not sell thegoods of the Church under that pretence
This Canon establishes the important principle+ supported by many other Canons+ that all Church property
.ithin a diocese is under the control of the bishop The form of control may and has varied over time+ but the
underlying principle has remained unchanged that the responsibility for all Church property and the decisions
.ith respect to its disposition lies .ith the bishop+ not .ith the laity This property is created through the
donations of the laity Because of this+ the laity often feels as though it has both responsibility and o.nership
over such property 1o.ever+ everything donated to the Church is referred to as belonging to God; by this
Canon and+ therefore+ it must be under the authority of the bishop Together .ith this+ ho.ever+ there is a
series of Canons aimed at protecting the Church from possible abuse by the bishops 'Canon D of the 1olyApostles9 Canon 5F of the Dth Council9 Canon 4" of the Fth Council9 Canons and 5 of the Hth Council9
Canon " of the Council of Ancyra9 Canons H and ! of the Council of Gangra9 Canons 5D and 5" of the
Council of Antioch9 Canons 4" and D5 of the Council of Carthage9 Canon H of the Council of the st and 5nd9
Canon K of #t Theophilus of Ale&andria9 Canon 5 of #t Cyril of Ale&andria(
$*. =et not the presbyters or deacons do anything .ithout the sanction of the bishop+ for it is he
.ho is entrusted .ith the people of the =ord+ and of .hom .ill be re/uired the account of their
souls
As a result of this Canon being bet.een t.o Canons .hich address the control of Church property+ Balsamon
and+ later+ Bishop 3icodemus+ feel this Canon applies to material matters and not to spiritual ones If this is
so then+ independent of this+ the Canon establishes the general subordination of clerics to their bishop .ho
carries accountability before God for the souls of their floc6 'Canons 4!+ DK+ and D of the 1oly Apostles9
Canon 5 of the Hth Council9 Canon "H of the Council of =aodicea9 Canons F+ H+ and D5 of the Council of
Carthage(
%+. =et the private goods of the bishop+ if he have any+ and those of the =ord be clearly
distinguished+ that the bishop may have the po.er of leaving his o.n goods+ .hen he dies+ to
.hom he .ill and ho. he .ill+ and that the bishop7s o.n property may not be lost under pretence
of it being the property of the Church 2or it may be that he has a .ife+ or children+ or relations+or servants+ and it is 0ust before God and man that neither should the Church suffer any loss
through ignorance of the bishop7s o.n property+ nor the bishop or his relations be in0ured under
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prete&t of the Church+ nor that those .ho belong to him should be involved in contests and cast
reproaches upon his death
'Canons 4! and D of the 1oly Apostles9 Canon 55 of the Dth Council9 Canon 4" of the Fth Council9 Canon
5D of the Council of Antioch9 Canons 4+ 4"+ and J5 of the Council of Carthage(
%".)e ordain that the bishop have authority over the goods of the Church+ for if he is to beentrusted .ith the precious souls of men+ much more are temporal possessions to be entrusted tohim 1e is therefore to administer them all of his o.n authority+ and supply those .ho need+
through the presbyters and deacons+ in the fear of God+ and .ith all reverence 1e may also+ if
need be+ ta6e .hat is re/uired for his o.n necessary .ants+ and for the brethren to .hom he hasto sho. hospitality+ so that he may not be in any .ant 2or the la. of God has ordained+ that they
.ho .ait at the altar should be maintained at the altarLs e&pense 3either does any soldier bear
arms against an enemy at his o.n cost
'Canons 4! and 4J of the 1oly Apostles9 Canon 5F of the Dth Council9 Canon 5 of the Hth Council9 Canons
5D and 5" of the Council of Antioch9 Canons K and of #t Theophilus of Ale&andria9 Canon 5 of #t Cyril
of Ale&andria(
%#.If a bishop+ or presbyter+ or deacon is addicted to dice or drin6ing+ let him either give it overor be deposed
'Canon D4 of the 1oly Apostles9 Canons J and "K of the Fth Council9 Canon 55 of the Hth Council9 Canons
5D and "" of the Council of =aodicea9 Canon DJ of the Council of Carthage(
%$.If a subdeacon+ or reader+ or singer commits the same things+ let him either give it over or bee&communicated #o also laymen
'Canon D4 of the 1oly Apostles9 Canons J and "K of the Fth Council9 Canon 55 of the Hth Council9 Canons
5D and "" of the Council of =aodicea9 Canon DJ of the Council of Carthage(
%%.=et a bishop+ or presbyter+ or deacon .ho ta6es usury from those .ho borro. of him+ give updoing so or be deposed
The %ld Testament points out that one of the characteristics of a righteous person is that he does not put outhis money at interest+ and does not ta6e a bribe against the innocent; '$salms D:"( sury in all of its forms
is forbidden .ithin the 2ive Boo6s of *oses 'Genesis D:"9 =eviticus 5":4F9 -euteronomy 54:J( %ur
#avior teaches unselfish lending '*atthe. ":D59 =u6e F:4D>4"( If usury is recogni,ed as a heavy sin for all
and .ithin Canon H of the st Council it is called covetousness and lust of gain+; then naturally+ it is
particularly 0udged strictly .hen performed by a member of the clergy Canon DD of the 1oly Apostles and
Canon H of the st Council sub0ect one .ho is guilty to being deposed from the clergy 'Canon K of the Dth
Council9 Canon D of the Council of =aodicea9 Canon " of the Council of Carthage9 Canon F of #t Gregory of
3yssa9 Canon D of #t Basil the Great(
%&.=et a bishop+ or presbyter+ or deacon .ho has only prayed .ith heretics be e&communicated+
but if he has permitted them to perform any clerical office+ let him be deposed
#t Basil the Great in his st Canon states that in the early days of the Church+ heretics .ere called those .ho
had completely separated and had even become alienated from the faith A heresy+ in his 0udgment+ is an
obvious difference in the very faith in God Canon K of the 1oly Apostles forbids 0oint prayer .ith those
.ho have been e&communicated from the Church as a result of some heavy sin Even more so+ a person is
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separated from the Church for not accepting its dogmatic teaching and for contradicting it Therefore+ a
bishop or cleric .ho 0oins in prayer .ith a heretic is sub0ect to e&communication+ that is+ being forbidden to
perform clerical duties Even greater penalty of being deposed+ that is+ loss of clerical office+ is applied to a
bishop or clergy .ho allo.s a heretic to perform clerical duties or+ in other .ords+ .ho accepts the actions of
a heretic clergy as having the force of an %rthodo& *ystery *odern>day e&les of violating this Canon.ould be allo.ing the marriage of a parishioner by a Catholic or $rotestant minister or allo.ing communion
to be received from a non>%rthodo& minister This is further clarified .ithin Canon DF of the 1oly Apostles'Canons K+ + and DF of the 1oly Apostles9 Canons 5 and D of the 4rd Council9 Canons F+ J+ 45+ 44+ 4D+ and
4H of the Council of =aodicea9 Canon J of #t Timothy of Ale&andria(
%'.)e ordain that a bishop or presbyter .ho has admitted the baptism or sacrifice of heretics be
deposed 2or .hat concord hath Christ .ith Belial+ or .hat part hath a believer .ith an infidel
This Apostolic Canon refers to heretics during Apostolic times .ho opposed the primary dogma of God the
2ather+ #on+ and 1oly #pirit+ and of the incarnation of the #on of God %ther types of heretics are covered
.ithin other Canons such as: Canon J of the st Council9 Canons H and ! of the Council of =aodicea9 CanonJ" of the Fth Council9 and+ Canon DH of #t Basil the Great
This Canon also applies to modern>day ecumenists .ho accept baptism from all heretics+ even from
e&treme protestants #uch teaching has no. also found its .ay into Catholic ecumenism Bishop 3icodemus
*ilash+ in his e&planation of this Canon+ .rites: By the teaching of the Church+ every heretic is outside theChurch+ and outside the Church there cannot be true Christian baptism+ true Eucharistic sacrifice+ or any true
1oly *ysteries This Apostolic Canon e&presses this teaching and calls to .itness the 1oly #criptures;
In the same vein+ Bishop priesthood 'psevdoloreis( This is so because .ith the
e&communication of a different>believing cleric+ also comes a severing of the one and true Apostolic
succession of priestly hierarchy and the succession of the grace>filled gifts of the 1oly #pirit that come .ith
the mystery of priesthood It follo.s that heretical priests+ themselves not having grace+ cannot besto. grace
upon others and+ themselves not having la.ful right for priesthood+ cannot ma6e true and saving any priestly
acts .hich they perform 'Canon of #t Basil the Great and Canon 45 of the Council of =aodicea( Based on
this principle+ Church accepts heretics .ho convert from their errors through appropriate actions needed for
their salvation as discussed .ithin other Canons
'Canons DH and F! of the 1oly Apostles9 Canon H of the 5nd Council+ Canon J" of the Fth Council9 Canons H
and ! of the Council of =aodicea9 Canons and DH of #t Basil the Great(
%(.=et a bishop or presbyter .ho shall bapti,e again one .ho has rightly received baptism+ or
.ho shall not bapti,e one .ho has been polluted by the ungodly+ be deposed as despising the
cross and death of the =ord and not ma6ing a distinction bet.een the true priests and the false
3o one can become a member of the Church .ithout a true baptism in the name of the 1oly Trinity Canon
DH of the 1oly Apostles points out that bishops and presbyters need to be attentive in this regard Baptism
must be performed in a prescribed manner 'Canons DJ and "K of the 1oly Apostles( Met+ an orthodo&
baptism must not be performed a second time Inattentiveness to these re/uirements is a heavy sin and
sub0ects one to a serious penalty as one despising the cross and death of the =ord and not ma6ing adistinction bet.een the true priests and the false; 'Canons DF+ DJ+ and "K of the 1oly Apostles9 Canon !D of
the Fth Council9 Canon 45 of the Council of =aodicea9 Canons "J and !4 of the Council of Carthage9 Canons and DH of #t Basil the Great(
%).If any layman put a.ay his .ife and marry another+ or marry one .ho has been divorced byanother man+ let him be e&communicated
5K
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%*.If any bishop or presbyter+ contrary to the ordinance of the =ord+ does not bapti,e into the
2ather+ the #on+ and the 1oly Ghost+ but into three unoriginated beings+ or three sons+ or three
comforters+ let him be deposed
This and the follo.ing canons are important in directing ho. the mystery of baptism is to be performed The
severity of punishment+ should this Canon not be follo.ed+ results from the damage to the person resulting
from an incorrect and unla.ful baptism 'Canons DF+ DH+ "K+ and F! of the 1oly Apostles9 Canon H of the 5ndCouncil9 Canon J" of the Fth Council9 Canon "J of the Council of Carthage9 Canons and J of #t Basil theGreat(
&+. If any bishop or presbyter does not perform the one initiation .ith three immersions+ but .ithgiving one immersion only into the death of the =ord+ let him be deposed 2or the =ord said not+
Bapti,e into my death+ but+ Go+ ma6e disciples of all nations+ bapti,ing them in the name of the
2ather+ and of the #on+ and of the 1oly Ghost;
The same references apply as for Canon DJ
&". If any bishop+ or presbyter+ or deacon+ or any one of the sacerdotal list abstains from
marriage+ or flesh+ or .ine+ not by .ay of religious restraint+ but as abhorring them+ forgettingthat God made all things very good+ and that he made man male and female+ and blasphemingthe .or6 of creation+ let him be corrected+ or else be deposed and cast out of the Church In li6e
manner treat a layman
The Church has al.ays supported abstinence and prescribes it during days of fasting This Canon+ on the
other hand+ is aimed at early heretics .ho had a disdain to marriage or certain foods as being someho.
unclean 'Canon "4 of the 1oly Apostles9 Canon 4 of the Fth Council9 Canon D of the Council of Ancyra9
Canons + 5+ D+ D+ and 5 of the Council of Gangra(
.If any bishop or presbyter does not receive him .ho turns a.ay from his sin+ but re0ects him+
let him be deposed for he grieves Christ .ho said+ There is 0oy in heaven over one sinner that
repenteth;
'Canon ! of the st Council9 Canons D4 and K5 of the Fth Council9 Canon HD of #t Basil the Great(
&$.If any bishop+ or presbyter+ or deacon does not on festival days parta6e of flesh and .inefrom an abhorrence of them and not out of religious restraint+ let him be deposed as being seared
in his o.n conscience and being the cause of offense to many
'Canon " of the 1oly Apostles9 Canon D of the Council of Ancyra9 Canons 5 and 5 of the Council of
Gangra(
&%. If any of the clergy be found eating in a tavern+ let him be e&communicated+ unless he has
been constrained by necessity+ on a 0ourney+ to lodge in an inn
This Canon ma6es a distinction bet.een a tavern and an inn A tavern+ in the e&pression of Bishop
3icodemus+ is implied to be an inn of the lo.est type .here .ine is the main commodity and .here
drun6eness occur and all obscenities are allo.ed; An inn+ in his .ords+ is .ithin the speech of the fathers
and teachers of the Church as a decent place; In comparing to current understanding+ a tavern; may include
bars and night clubs .hile an inn; may include hotels+ motels+ and decent restaurants 'Canon J of the Fth
Council9 Canon 55 of the Hth Council9 Canon 5D of the Council of =aodicea9 Canon DJ of the Council of
Carthage(
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&&.If any of the clergy insult the bishop+ let him be deposed+ for thou shalt not spea6 evil of the
ruler of thy people; 'Acts 54:"(
A Bishop+ as a successor to the Apostles+ through the laying on of hands and the calling upon the 1oly
#pirit+ received authority from God through succession to bind and to resolve+ is the living image of God on
earth and+ through the po.er of the 1oly #pirit in priestly actions+ is the abundant source of all the mysteriesof the niversal Church through .hich salvation is obtained; 'definition by the Council of
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'#. If any of the clergy+ through fear of men .hether fourths
of the day
Ancient agnostics+ on the basis of their teachings regarding matter as an absolute evil+ fasted on #aturdays as
an e&pression of sadness about the e&istence of the material .orld They fasted on #undays to sho. their
contempt for the Christian faith in the resurrection This Canon .as adopted in condemnation of their
heretical beliefs )e need to 6eep in mind+ that .ithin Church regulations+ fasting means the use of dry foods.hen it is forbidden to eat until evening and then only strictly lenten foods are allo.ed+ .ithout fish #uch a
fast is follo.ed in strict monasteries )ithin modern understanding of fast+; strictness is not so important as
the point of this Canon that on #aturdays and #undays during fasts+ .e need to lessen the severity of the fast
some.hat The Canon points out the one e&ception on 1oly #aturday .hen the strict fast of $assion )ee6 is
preserved 'Canons " and "4 of the 1oly Apostles9 Canon "" of the Fth Council9 Canon ! of the Council of
Gangra9 Canons 5J and "K of the Council of =aodicea(
'&.If any clergyman or layman shall enter into a synagogue of
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laymen Balsamon supposes that each member of clergy in this case is deposed and that each layman is
e&communicated 'Canons HK and H of the 1oly Apostles9 Canon of the Fth Council9 Canon of the
Council of Antioch9 Canons 5J+ 4H+ and 4! of the Council of =aodicea(
''. If any clergyman shall stri6e anyone in a contest and 6ill him .ith one blo.+ let him bedeposed for his violence If a layman do so+ let him be e&communicated
As Bishop to>be '-euteronomy 55:54( )ithin the Gospel+ the 1oly irgin being only betrothed to
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(+.If any bishop+ or presbyter+ or deacon+ or any one of the list of clergy 6eeps fast or festival
.ith the fifth part more *ore strictly 0udged is the misappropriation of
items used for #ervices 3o such items+ for e&le such as vessels+ used in Church services may betransferred for use at home #uch an action is considered by Canon H4 of the 1oly Apostles to be unla.ful'Canon H4 of the 1oly Apostles9 Canon K of the Council of the st and 5nd9 Canon ! of #t Gregory of
3yssa9 Canon 5 of #t Cyril of Ale&andria(
($. =et no one convert to his o.n use any vessel of gold or silver+ or any veil .hich has been
sanctified+ for it is contrary to la. If anyone be detected doing so+ let him be e&communicated
'Canon H5 of the 1oly Apostles(
(%.If any bishop has been accused of anything by men .orthy of credit+ he must be summoned
by the bishops and if he appears and confesses+ or is convicted+ a suitable punishment must be
inflicted upon him But if .hen he is summoned he does not attend+ let him be summoned asecond time+ t.o bishops being sent to him+ for that purpose If even then he .ill not attend+ let
him be summoned a third time+ t.o bishops being again sent to him But if even then he shall
disregard the summons and not come+ let the synod pronounce such sentence against him as
appears right+ that he may not seem to profit by avoiding 0udgment
'Canon H" of the 1oly Apostles9 Canon F of the 5nd Council9 Canon 5 of the Dth Council9 Canons 5+ D+
"+ and 5K of the Council of Antioch9 Canons 4 and " of the Council of #ardica9 Canons !+ 5+ "+ 5!+ D4+
and DD of the Council of Carthage9 Canon J of #t Theophilus of Ale&andria(
This Canon establishes that: (
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system+ both .ithin the Church and in civil life; 'Church Court in the 2irst Centuries of Christianity+;
?ostroma+ !H!+ page D5(
(&. A heretic is not to be received as .itness against a bishop+ neither only one believer+ for in
the mouth of t.o or three .itnesses+ every .ord shall be established; '*atthe. !:F(
'Canon 5 of the st Council9 Canon F of the 5nd Council9 Canon DF of the Council of Carthage9 Canon J of#t Theophilus of Ale&andria(
('. A bishop must not out of favor to a brother+ or a son+ or any other relation+ ordain .hom he
.ill to the episcopal dignity+ for it is not right to ma6e heirs of the bishopric+ giving the things ofGod to human affections 3either is it fitting to sub0ect the Church of God to heirs But if anyone
shall do so+ let the ordination be void and the bishop himself be punished .ith e&communication
'Canons and 4K of the 1oly Apostles9 Canon D of the st Council9 Canon 4 of the Hth Council9 Canon 54 of
the Council of Antioch(
((. If any one be deprived of an eye+ or be lame of a leg+ but in other respects be .orthy of a
bishopric+ he may be ordained+ for the defect of the body does not defile a man+ but the pollutionof the soul
(). But if a man be deaf or blind+ he may not be made a bishop+ not indeed as if he .ere thus
defiled+ but that the affairs of the Church may not be hindered
(*. If anyone has a devil+ let him not be made a clergyman+ neither let him pray .ith the faithful
But if he be freed+ let him be received into communion+ and if he is .orthy he may be ordained
'Canon FK of the Fth Council9 Canons 5+ 4+ and D of #t Timothy of Ale&andria(
)+.It is not allo.ed that a man .ho has come over from an heathen life and been bapti,ed or.ho has been converted from an evil course of living+ should be immediately made a bishop+ for
it is not right that he .ho has not been tried himself should be a teacher of others nless indeed
this be done upon a special manifestation of -ivine grace in his favor
'Canon 5 of the st Council9 Canon 5 of the Hth Council9 Canon 5 of the Council of 3eocasaria9 Canons 4
and 5 of the Council of =aodicea9 Canon H of the Council of the st and 5nd9 Canon D of #t Cyril ofAle&andria(
)".)e have said that a bishop or presbyter must not give himself to the management of public
affairs+ but devote himself to ecclesiastical business =et him then be persuaded to do so+ or let
him be deposed+ for no man can serve t.o masters+ according to the =ord7s declaration
'#ee the e&planation to Canon F of the 1oly Apostles(
)#.)e do not allo. any servants to be promoted to the clergy .ithout the consent of their
masters+ to the troubling of their houses But if any servant should appear .orthy of receiving an
order+ as our %nesimus appeared+ and his masters agree and liberate him+ and send him out oftheir house+ he may be ordained
'#ince forced servitude no longer e&ists+ this Canon re/uires no commentary(
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)$.If a bishop+ or presbyter+ or deacon+ shall serve in the army+ and .ish to retain both the
Roman magistracy and the priestly office+ let him be deposed+ for the things of Caesar belong toCaesar+ and those of God to God; '*atthe. 55:5(
'Canon H of the Dth Council9 Canon K of the Hth Council9 Canon of the Council of the st and 5nd( #ince
members of the clergy are forbidden to occupy themselves .ith civilian service 'Canons F and ! of the 1olyApostles(+ if follo.s that military service is forbidden as .ell+ particularly since it may involve the ta6ing of
human life In addition+ Zonarius remar6s that military service ta6es into account noncombatant duties as
.ell Carrying of .eapons by the clergy is forbidden by Canon H of the Dth Council and noncombatant duties
are precluded by the prohibition against civilian service 'Canon ! of the 1oly Apostles(
)%. )hosoever shall insult the ?ing or a ruler+ contrary to .hat is right+ let him suffer
punishment If he be a clergyman+ let him be deposed If a layman+ let him be e&communicated
'Romans 4:>59 Timothy 5:>5(
)&. =et the follo.ing boo6s be counted venerable and sacred by all of you+ both clergy and =aity
%f the %ld Testament+ five boo6s of *oses: Genesis+ E&odus+ =eviticus+ 3umbers+-euteronomy9 of
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Addendum.
The Canonical Status
of the Patriarch of Constantinople
in the Orthodox Church.Archbishop Gregory 'Afons6y(
The Russian canonical school of the Jthand 5Kthcenturies studied the /uestion of the $atriarchof ConstantinopleLs canonical status in the %rthodo& Church .ith care and diligence 2or themost part boo6s and monographs on the sub0ect .ere .ell>disposed+ e&plaining the $atriarch of
ConstantinopleLs e&ceptionally high position in the Church both during the By,antine and
Tur6ish periods as a result of particular historical circumstances -uring the By,antine era the$atriarch of Constantinople+ as the hierarch of the imperial capital and bishop of 3e. Rome+
received not only the primacy of honor but secular privileges of authority as .ell -uring the
Tur6ish period he became the Ethnarch of all the %rthodo& sub0ects in the East+ e&ercising both
secular and ecclesiastical authority 1o.ever+ almost all Russian canonists attributed only thecanonical primacy of honor to the $atriarch of Constantinople and in no event any primacy of
po.er over all the %rthodo& East
An attempt by the Russian canonist and historian T Barsov+ to unite the historical andcanonical basis in a symphony; as a 0ustification of the $atriarch of ConstantinopleLs primacy
over all other Eastern patriarchs called forth an opposite reaction from the .ell>6no.n canonist
A $ $avlov .ho+ .hile recogni,ing the historical reasons for the $atriarchLs enhanced status+categorically re0ected the idea of his canonical po.er over the .hole %rthodo& Church
2urthermore $avlov+ in analy,ing BarsovLs assertions that precisely in the /uestion
about the $atriarch of Constantinople the substance of the ecclesiastical structure in the East isresolved+ ie the gradual e&pansion of the $atriarch of ConstantinopleLs prerogatives and his
e&ceptional elevation .ith respect to other patriarchs+ as .ell as the primacy of his see in theChristian Church of the East+ as the oldest representative of the %rthodo& Church+; calls such an
idea as nothing less than a theory of Eastern $apism;$rofessor $avlov bases himself on a strict canonical foundation .ith respect to
Constantinople:
A characteristic mar6 of canonical legislation .hich elevated the Bishop of
Constantinople to the patriarchate+ sho.s that he is al.ays placed in comparison .ith the
Bishop of Rome+ the most senior hierarch in the Christian .orld+ and his see+ being thatof the empireLs ne. capital+ is recogni,ed as the second one after Rome;
It .as only in the beginning of the 5K thcentury that the /uestion of the formal and canonicalstatus of the $atriarch of Constantinople in the %rthodo& Church became more acute and viablein connection .ith the ne. theory of $atriarch *eletios *eta&asis of Constantinople .ho raised
the /uestion of the submission of the entire %rthodo& diaspora found beyond the borders of the
autocephalous churches to the $atriarch of Constantinople+ basing this ne. theory upon thecanons of the niversal Church %ne of the last Russian canonists+ # Troits6y+ respectfully
but firmly and .ith the full 6no.ledge of the sub0ect+ came out in opposition to this novel
theory
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Although Constantinople+ in accordance .ith Emperor ConstantineLs designs+ .as to be a
Christian city and the center and foundation of the ne.ly established Christian empire+
nonetheless as $rofessor Bolotov .rites: The Church of Constantinople could not pride itselffor being either of an ancient lineage or of an Apostolic foundation; Conse/uently+ .rites
Bolotov+ in purely ecclesiastical terms+ Constantinople had no such privileges+ as .ere the rights
of other Eastern churches The preeminence of Constantinople .as based solely upon its politicalstatus as the ne. capital of the Roman Empire According to #t Gregory the Theologian there
.ere fe. %rthodo& in Constantinople in the D thCentury and it .as predominantly Arian
$rofessor A ?artashev+ himself being in the 0urisdiction of the $atriarch ofConstantinople+ characteri,ed the status of 3e. Rome 'Constantinople( during its foundation as
follo.s:
It cannot be said that the %rthodo& reputation of ConstantinopleLs hierarchs .as sosplendid from the time of its appearance in history as the capital+ since Eusebius+ the
leader of the Arians immediately sub0ected By,antium+ along .ith the palace+ under his
influence Rome and Ale&andria struggled for half a century .ith ConstantinopleLs
Arianism and its emperors Rome and Ale&andria sa. themselves as guardians ofuniversal %rthodo&y against the impious thrusts of Constantinople and against its
insignificant bishop .ho .as sub0ect to the *etropolitan of 1eraclea It had neither apast nor any achievements before the Church or %rthodo&y %nly annoying pretensions
to become some 6ind of an un.elcome head of the Church and a tool of imperial po.er
In 4!+ under the protection of Theodosius the Great+ at the #econd Ecumenical Council+the reigning city+ having not as yet cleansed itself from the stain of Arianism+ .as
proclaimed to be+ in the ecclesiastical sense+ second in honor after ancient Rome;
It .as during the reign of the first Christian emperor+ Constantine the Great that those sees .hich.ere in the ma0or cities of the dioceses received special privileges over other *etropolitans and
the hierarchs of those sees .ere called archbishops+ e&archs and finally+ patriarchs The 2irst
Ecumenical Council 'Canon F( ac6no.ledged the higher administrative po.ers of the three maincities of the empire: Rome+ Ale&andria and Antioch+ sub0ecting .hole dioceses to the territories
The same Council granted the Bishop of
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3onetheless+ the Bishop of Constantinople acted in such a .ay that the literal
interpretation of the canon soon became impossible+ since the bishops of the capital began to
e&ert their factual authority far beyond the environs of ConstantinopleAccording to $avlov these prerogatives of honor for both hierarchs 'patriarchs 1o.ever Canons J and H
opened an alternative for the $atriarch of Constantinople+ ie as a rather far>reaching possibilityto interfere in the affairs of other patriarchs as .ell as an e&tension of his authority over them
Thus the Council of Chalcedon established the patriarchs as a third administrative and
0udicial level .ithin the Church: e/ual in authority but of different ran6s of honor: Rome+
Constantinople+ Ale&andria+ Antioch and
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spiritual head in the Christian East and this to a certain e&tend e/uated the ecumenical;
$atriarch .ith the $ope of Rome
The $atriarch of Constantinople retained his position of primacy among the Easternpatriarchs .hich came about as the result of 3e. RomeLs political significance This .as done
.ith the help of the 1ousehold #ynod; 'synodos endimus( .hich assumed all the authority of
the previous Ecumenical councils This synod+ under the chairmanship of the $atriarch+ consistedof bishops and metropolitans .ho happened to be at the capital in connection .ith matters of
their o.n churches+ and such hierarchs .ould not infre/uently remain there for a number of
years enabling the $atriarch to assemble a synod at any time .ith a sufficient number of bishopsThus+ according to %stroumov+ Constantinople becomes the central point of Church life
in the East and the $atriarch of the capital+ .ith his 1ousehold #ynod+; ac/uires a governing
position in Church matters and e&erts strong influence upon the other patriarchs and thus
becoming the de facto highest level of appeal .ith respect to them-uring the time of $atriarch $hotius an attempt .as made to elevate the $atriarch of
Constantinople over all the other patriarchs by .ay of secular legislation by means of an
epanagogeof Emperor Basil of *acedon In this document the $atriarch of Constantinople is
distinguished from other Eastern patriarchs in that he is recogni,ed as the first among them .iththe right to resolve any disputes in the other patriarchates 1o.ever these epanagogesin general+
remained only on paper and did not ac/uire the force of la.3onetheless attempts .ere made to 0ustify and affirm canonically the prominent status
.hich the $atriarch of Constantinople occupied in fact than6s to the advantageous+ for him+
historical circumstances Thus the position of primacy among other patriarchates+ not e&cludingthe Roman bishop+ .as based on the theory of 3e. Rome or the scepterLs transfer; but the
privilege of his authority .ere e&trapolated form a novel interpretation of Canons J+ H and 5! of
Chalcedon All this+ .hen combined .ith the epanagoge+ resulted in the creation of the theory of
Eastern $apism%n the basis of canon 4 of the #econd Ecumenical Council the By,antine canonists
created a precise theory of the transfer of all the highest rights from the Roman bishop to
Constantinople and the preposition after; 'meta( in the canon .as interpreted in thechronological sense+ ie the Bishop of Constantinople doesnLt occupy the second ran6 after
Rome but the first ran6+ only that he received it later in time
As a result+ by combining the theory of the scepterLs transfer; and its primacy in theEast+ it appeared that the $atriarch of Constantinople is the legitimate and sole bearer of all the
privileges and the primacy of the Roman pope and could thus receive