Canon Law Two 2022/2014

.Introduction to chapter one

Chapter one reflects educational administration under which three

important topics are included: these are

1. The Role of the Bishop in an Educational Administration

2. The Spread of Christian teaching and
3. Defending the believers from false teachings.

The first topic tells about the role of the bishop to preach the gospel to the
people making inherit the kingdom of God, and keeping the unity of the
church as well as the truth of Christianity.

The second topic transfers knowledge how the bishop and the priest are
responsible to carry out the Lord’s command that is the missionary activities
in the localities where inhabited by the people who have not heard the word
of God Yet. Saturday and Sunday are preferable days to spread the gospel
and conducting Eucharistic services.

The third topic informs how the bishop of the diocese defending the believers
from false teachings. This day the believers of the EOTC suffer
proselytization; and many believers of the EOTC have been entangled by
non-orthodox groups. Therefore the topic is the most interesting one in
order to have experience defending the believers from the false teachings.

The result expected after the student studies the course

The student is expected to understand the following points:

1. Educational Administration
2. The missionary activities and
3. Defending the believers from false teachings.

By Mekonen Workineh Page 1

 Canon Law Two 2022/2014
Church Administration

The General Out Look

It is necessary for the theological students to take the right outlook which
refers to the rule of the church administration. It must be exposed how and
what base the church exercises the power given by the divine foundation for
keeping her organization.

The church power contains three branches: educational administration, the

sacred thing performance and the jurisdictional power. The church should
have a school to keep her teaching and perform the gifts with the help which
is shared the grace of God.

Chapter one

1.1. The Educational Administration

1.1.1. The Role of the Bishop in an Educational Administration

The unity of the church is based on the unity of faith. If there is no unity of
faith, the revealed Christian teaching cannot be kept; the unity of the
church will not exist. The organ that can keep the unity of the church is the
bishop. The bishop is expected to preach the gospel in order to make the
persons inherit the kingdom of God. To fulfil these cases every bishop is
assigned to a place where he is in a position to keep the truth. All bishops
are regarded as representative of the apostles on the earth. All have the
same power and dignity. In case, any quarrel is created regarding the faith,
which touches all or the unity of the church and threatened purity as well
as the integrity of the truth discovered, must listen the voice of the whole
bishops.

In relation with the question of belief and the decision about what to be
believed, the church does not create a new dogma but witness only the truth
discovered as well as the unchangeable tradition.

The definitions of fixed dogmas by legal authorities are compulsory for all
the members of the church unconditionally. Thus obligation power has the

By Mekonen Workineh Page 2

 Canon Law Two 2022/2014
origin in the content of those definitions which do not include any
innovation but only the explanation of the traditional belief.

1.1.2. The Spreading of the Christian Teaching

In the oldest canons of the Oriental church, it is said that the bishop or the
priest who neglects the clergy and the people and does not teach in devotion
is to be deposed. The leaders of the church have decided that at all times
and especially on Sunday. Only the bishops have complete rights in the
church for preaching; without the authorization or permission of the bishop
nobody can preach in the church.

Strengthening and spreading pure Christian teaching used is catheheza

catechumen. In the earlier period of the church, baptism was
preceded/headed by the instruction about the fundamental truth of the
belief and lasted till when it is proved by the respective priest. Later on when
baptism is implemented for children the catheheza is transferred for God-
father and Mother. Nowadays, catechize is exercised in a way such that the
priest gathers the children in certain time in his parish and will explain to
them fundamental belief.

The spreading of Christian teaching in a sense of respective/individual is

made through missionary service; the church sends her teachers to the
people who are not enlightened by Christianity in order to convert them to
Christianity. The missionary service is a divine order and through the use of
it, the church has strived for bringing all human races to Christ.

The laws given by the church authorities for missionary requirements are:

a. Clear and exact speech of the true Christian belief from which is
recommended as a means of foundation of school for the
unbelievers,
b. The influence over the heart through a kind advice and love
through the justification of the belief and moral of unbelievers and
at least,

By Mekonen Workineh Page 3

 Canon Law Two 2022/2014
c. Strengthening the relation among the convert, the church and faith
relation and so on.

The missionaries are in any respect dependents of the dioceses bishop and
obligated in interval time to present report in detail over their activities.

1.1.3. Defending the Believers from False Teaching

To keep the true revelation, the church was forced to elaborate the symbol
or creed or to formulate the true belief for general use of the believers from
the very beginning. The symbols must be read by the believers for every
divine service. Among the symbols of this kind which have arrived to us
from the old time are the symbols of Nicaeano-Constantino-politan, Gregory
of Neo-Caesarea and Athantius the Great. The Nicaeano-Constantino-politan
symbol was strengthened by all synods of ecumenical councils held in the
fifth century and through the 3rd synod of ecumenical council. And from
then on ward, it was forbidden forever to introduce new symbol instead of
this or to change or make any modification.

Among the expositions of the faith of this kind which are compulsory for all
members are the two most remarkable approved by a synod gathered in
Jerusalem. It is known as Encyclica Orient Orthodox Patriarchs. The
catheheza orthodox catholic was developed by the church authority for the
young.

The supreme defender of the orthodox truth teaching is the bishop. As

guarantee, he will be the protector of the believers from false teaching. This
is the well-known testimony of the bishop and at the same time the parish
priest fulfils this duty in his parish.

Due to this motive/reason, the church decided from the very beginning to
hold a synod every year for the solution of the problem expressing the true
teaching of belief. The synod authority in the name of the bishop has the
duty to supervise the elaboration of the tradition and the Holy Scriptures
before they are printed.

By Mekonen Workineh Page 4

 Canon Law Two 2022/2014
Every Orthodox Christian must know the number of the Holy Scripture fixed
by canon and respect them. In the same way, the church gave a special
attention for the translation of the Holy Scripture. Without the approval of
the church, it is impossible to issue the books regarding the belief, moral or
doctrine. It will be censored before it is printed. Usage of this kind of books
and painted pictures without the approval of the authority will be punished.

The church which fixed the true belief in the ecumenical council/synod
condemned in the same time the respective/individual heresies and their
teaching, and it prevents reading of similar books prepared by them. The
first example was the 1st ecumenical council which prohibited reading the
writings of Arius. In regard with the decision of the synod, Emperor
Constantine the Great had given a decree through which it was ordered that
all the books of the heresies to be burnt. The old practice of the church
relative for the condemnation of harmful books and opposite to religion is
still in force or valid.

Self-test

1. What are the responsibilities of the bishop of the diocese?

2. What is catheheza?
3. What are the oldest canons of the Oriental church?
4. What is a creed?
5. Why the Ecumenical Council of Nicaea prevented reading the of
heresies?

Chapter Two

Introduction to Chapter Two

Chapter two informs about the administration of sacred things that are
performed through the use of different rituals. As this course is given in
liturgical theology at a deepest level, here only two topics are included. These
are:

1. The Rituals/ Prayers and

By Mekonen Workineh Page 5

 Canon Law Two 2022/2014
2. The Organs of Administration
3. The places where the sacred things are performed

The result expected after the student studies the course

The student is expected to understand the following points:

1. rituals of the legal authority

2. The Organs of administration
3. The places where the sacred things are performed

2.1. The Administration of Sacred Things

2.1. 1. The Rituals/ Prayers of Sacred Things

A certain ritual of the legal authority must be kept and from which nobody
can be diverted. In the old times of the church, it was given a special
attention, and a special ritual was made for sacred things of the Christian
church for liturgy as well as implementation of all other established things.
Any diversion from this or introduction of the innovation was and is
prohibited. The canons of ecumenical synod give us evidence that the
church was very attentive for keeping rigorously the old rule of the divine
service and condemn any diversion/change.

Besides the exact observation of the rules mentioned, sacred things must be
implemented according to the order of the church with the fear of God; they
must be performed publicly in the church and not in particular houses
except in the case of jurisdiction.

Participating public divine service on Sunday and holydays is compulsory to

all believers; the church condemns those who neglect it. If anyone
intentionally separates from the unity of the church and others who indicate
other tendency outside of the church are to be deprived of the Eucharist. At
the same time, the church prevents gatherings up with these kinds of
people. Similarly, the church prevents the participation of the believers for
prayers and sacred rituals with non-Orthodox. The organs for
implementation of sacred things are obliged to watch for whom the priest

By Mekonen Workineh Page 6

 Canon Law Two 2022/2014
should instruct them first, otherwise it is forbidden to perform the
sacraments for these who do not know the fundamental truth of the belief.

The church is a place where the great priest brings sacrifice to God for the
salvation of human soul. The sacrifice is performed then and now at all
times in the church. It is the great sacrament from which all sacred things
which exists today in the Oriental Orthodox Church developed. Some of
them were decided even by the founder of the church (Christ) for the
transmission of the divine grace, while others were instituted by the church
in the course of time on the basis of the power given to her in order to be
holy in her and the blessing of God. The sacramental activities are
performed through the use of different prayers conducted by the bishops or
priests according to certain ritual.

There are seven sacraments: namely baptism, myrrh (anointing), Eucharist,

repentance, ordination, marriage and anointing. For a regular performance
of any sacraments, it is necessary to have adequate material. The priest or
the bishop at least convokes (call for a meeting) the Holy Ghost using a
certain formula through which the priest performs the sacrament with
spiritual power. All the sacraments have their origin from divine law and the
church legislation.

There are different prayers which must be performed according to certain

ritual. The church has introduced a lot of prayers not only for the
distinguished occasion of the church but for all social life of human beings
in general. Among these prayers some refer for the object in connection with
church function; others for altar work, water consecration for the baptism,
blessing of the oil, incense, the candle, the bell etc. consecration of the new
church building, cemetery, etc. new houses, flags, tables, etc. prayer for
protection from natural disaster, beseech/implore help for the sick etc. All
these prayers are found with the ritual books. The priest or bishop has to
perform these prayers.

By Mekonen Workineh Page 7

 Canon Law Two 2022/2014
2.1. 2. The Organs for Administration of Sacred Things

Any priest or bishop ordained legally can administer sacred things because
God Himself works through them; the priest or the bishop is used as
intermediater. The priest does not impart the gift of God to men but God
Himself through the priest. The bishop has absolute right for the
performance of any sacred thing in the church. The priest receives an
authority from the bishop performing these things. Ordaining a priest or a
deacon is the activities exclusively done by a bishop in the virtue/feature of
his hierarchical power, while others are performed by priests. The deacons
have no right to perform independent sacred things at a normal condition.

Self-test

1. What are rituals?

2. What are sacred things?
3. What the right place conducting rituals for sacred things?
4. Who is responsible to carryout rituals for sacred things?
5. What are seven sacraments?

Chapter Three

Introduction to Chapter three

Chapter three is the largest chapter that contains the church legislations in
which the jurisdictional power of the church is defined. Additionally, the
jurisdiction of the church tribune in the canon, the procedure of church tribune,
the general church offence and the right of the church having the property and
the human rights, church administration and ecclesiastical discipline and the
fundamental principle of orthodoxy are included.

The Result Expected after the Student studies the Course

The student is expected to understand the following points:

1. the church legislations

2. the jurisdictional power of the church

By Mekonen Workineh Page 8

 Canon Law Two 2022/2014
3. the jurisdiction of the church tribune
4. the procedure of church tribune
5. the general church offence
6. the right of the church having the property and the human rights.
7. church administration and ecclesiastical discipline
8. the fundamental principle of orthodoxy and
9. excommunication of

The Jurisdictional Power of the Church

3.1. The church Legislation

The founder of the church had given to his apostles the power of legislation
that transferred it to their followers (bishops) episcopes. The legislation
power of the church assisted by absolute divine power is developed in
certain direction. The organs of the legislation power, the church for the
introduction of a new do not declare in their own name but in the name of
the Holy Ghost who lives in the church and they implemented as
intermediater of his will on the earth. Anybody is not allowed to issue the
rule in his proper name but in the name of the Holy Ghost who works
through him. The legislation power works in the name of the whole church
as a body which is inspired by the Holy Spirit. The organs of these powers
have permitted the sacrament of priesthood with which a special grace of
God is attached. Having this view in the character of the church laws, the
legislation power of the whole church is impossible to be possessed by a
single person except the holy synod of ecumenical or local one.

3.1. 1. The General Legislation of the Church

Through the general church legislation, it is understood that the laws given
by the superior church legislation power are compulsory; it should be
unconditional accepted by any church member. The fundamental rules
which refer to the teaching of faith, sacraments and internal church
administration were elaborated to know the bases put by Jesus Christ that
are first made by the apostles and later by the ecumenical synods. The

By Mekonen Workineh Page 9

 Canon Law Two 2022/2014
general church legislation is developed in the ecumenical synod through the
discussion of the head of the autocephaly churches.

3.1. 2. The Special Church legislation

Besides the general church legislation, the canons permit any particular
church to be organized. The second ecumenical synod, in its second canon
had fixed jurisdiction on some significant episcopal throne and decided that
every church looking after the respective synod. All the canons give the right
of legislation to the bishop in the assigned diocese. The deviation with his
own power of one bishop or any particular church, from these fundamental
canons are received by all churches, to be a schismatic society, but if the
bishop to be blamed must be deposed.

3.1. 3. The Particular legislation

The legislation of the particular synod must take into account the general
legislation. It is not allowed to violet the general fundamental of the church
organization and not to be against the spirit of the truth of the church of
Christ. The particular churches must control the activity of the legislation in
the synods that the rule to be based directly on the prescription of the
general canons.

3.1. 4. The Legislation Power of the Bishops

The bishop has the position of a legislation power in the church and its
organization. According to the confession elaborated in the epistles of the
apostles and the church fathers, the bishops were giving instruction and
making regular corresponding to the situation in their jurisdiction. In the 4th
century, the legislation activity of the bishop was legalized through the
canons. The 34 apostolic canons have insured the independence and right of
the bishop in order to look after interests of the churches. The bishop is a
light of the followers of the apostles and he has a duty to keep relation with
other bishops and churches to exercise the apostolic mission in the church.
A decision of a bishop remains obligatory if it is not against the canons.

By Mekonen Workineh Page 10

 Canon Law Two 2022/2014

3.1. [Link] Status of the Society

There are a number of societies in the church which follow a certain scope of
devotion. The society enjoyed the autonomy based on the rule which was
given by the competent authority. This status is in need of the approval of
the competent authority in order to convince that the status is based on the
respective rule given by the church.

3.3. The Church Jurisdiction

3.3. 1. The Jurisdictional Power of the Church

The law either in the sense of objective or subjective contains in itself the
idea of unviolet form. From the independent situation of the church as a
social organization, its power took place in exercising the jurisdiction for any
violence of jurisdictional sphere. As anyone is obstacle to implement the
mission of the church, he should be deposed based on the established
church orders. The basis of the jurisdiction was put by the founder of the
church when he said to his disciple: “If your brother sins against you, go to
him, and show him his fault. But do it privately just between yourselves. If
he listens to you, you have won your brother back. But if he will not listen to
you, take one or two other persons with you so that every accusation may be
upheld by the testimony of two or more witnesses as the scripture says. If he
will not listen to them, then tell the whole thing to the church. Finally, if he
will not listen to the church, treat him as though he were a parent or a tax
collector” (Mat. 18:5-17).

The bishops have the right to function as a judge in a church. The founder
of the church had transmitted the right of judging the brothers to the
apostle. The bishop has this right since he is responsible to control all
misunderstandings among the believers. Any tribune which is independent
of the bishop that is consisted of the clergy or other church personality is
considered as illegal or valueless. The clergy in their situation should be
obedient to the church jurisdiction as laymen obey to spiritual affairs.

By Mekonen Workineh Page 11

 Canon Law Two 2022/2014

3.3. 2. The Jurisdictional Power of Church Tribune

In the first century, when the church was isolated from the pagan people in
the Roma Empire, it abandoned any relation with pagan authority. Any
quarrel or misunderstandings which were created among the Christians
either in church relation or in social relation was discussed in the church
tribune. This process was made through the disposition/nature of NT based
on the church rule of the time. St. Paul the apostle wrote to the Corinthians
“If any one of you has a dispute with fellow Christian how dare he goes
before heathen judges instead of letting God’s people settle the matter?
Don’t you know that God’s people will judge the world? Well, then if you are
to judge the world, aren’t you capable of judging small matters? Do you not
know that we shall judge the angels how much more then…” This advice
conforms that as there was any quarrel among the clergy and the laymen
church jurisdiction was applied. The jurisdiction acknowledged by the first
Christian emperors did not allow the interference of the political tribune to
be exercised.

The canon prohibited the clergy members harshly as in quarrel among them
to address the political tribune. It orders them in this case to appeal the
help of church tribune. Emperor Justinian had introduced and stabilized (in
detain enough) the relation between the tribune of the church and that of
politics, and he gave same occasional rules as follows:

a. All the quarrels in the church as well as the administration of the

church property are under the competent of respective bishop. Any
member of the clergy who is not satisfied with the decision of the
bishop can appeal to the metropolitan, in proper procedure and at
least to the patriarchate.
b. A lay man can invoke/appeal against a member of the clergy with
the help of the bishop’s judgement.

By Mekonen Workineh Page 12

 Canon Law Two 2022/2014
c. In case of crime, either the church tribune or the civil can examine
the case, if the respective person is found guilty, he will be given to
the civil.
d. All the process among the bishops either the church character or
civil is judged by respective metropolitan synod.
e. Any bishop cannot be summoned to be a witness in the civil court
or tribune for a certain scope. A judge used this kind of behaviour
will lose his position. Anyone who helps the judge against the
bishop will be penalized with exile.

The church legislation on the base of church practice of the previous one, all
offences of the (lay men) believers, were brought before the church tribune
even after the recognition of church liberty in the Greco-Roman Empire.

All cases which are about defence of the members of the clergy in
implementing sacred things are judged before the tribune of the church
according to the actual law while other affairs of the clergy were subjected to
the civil tribune. In regard to laymen, it depends on the competent of the
church tribune.

1. The decision of illegal marriage contract,

2. Cancellation of marriage and
3. The legal marriage question.

Lay men were judged by the church tribune with regard for all offense
against faith, church hierarchy, the church right and devotion. The church
tribune can penalize these offences with prevention receiving Eucharist for
many hours but a little time taking the right participation of jurisdiction
from the ecclesiastical actions; he should be excluded from the community
of believers.

3.3. 3. The Jurisdiction of the Church Tribune in the Canon

Canon 6 of the Second Ecumenical Synod decided the debate of the

judgement in the church affairs. If the member of the clergy is accused by
other clergy or an episcopes or metropolitan, the question should be brought

By Mekonen Workineh Page 13

 Canon Law Two 2022/2014
before the ecclesiastical tribune. The clergy and monks have to be present
before the episcopal tribune, while the bishops before the metropolitan. If
the metropolitan is also in a position to be judged, he will be present before
the patriarchate tribune. Here there are three instances of jurisdiction.
These are episcopal, metropolitan and patriarchal.

According to the canonical principle of the Oriental Orthodox Church

organization, any power is exercised in the synod. The personal jurisdiction
is exercised by the bishop without formality and the sentence given by him
is not examined by other tribune.

a. The most inferior instance of the church tribune is the tribune of

archpriest (the rector which is not independent).

According to the canons, the rectors’ tribune is in debt to examine the

quarrel which is created among the members of the church with regard to
service affairs and searching complain which are raised by the church
community or every believer.

b. The bishop tribune is constituted in the church always from the

bishop, the elected member by the diocesan clergy.

The sources of church law are real and exact and the bishop tribune used to
discuss and decide in olden times.

c. The metropolitan tribune which is mentioned in the canon source is

administered by the synod. The metropolitan forms the first instance
in quarrel among the diocesan bishop.

Today the jurisdiction in this regard is exercised by the central organ that is
superior in the autocephalous church. According to the existence of status,
the metropolitan tribune forms the first instance.

A. In quarrel among the diocese bishop

B. In competent to judge the quarrel, in rule of church administration
and church jurisdiction among the diocese authority and on
organic element.

By Mekonen Workineh Page 14

 Canon Law Two 2022/2014
C. For reclamation which has done by clergy or co-religious against
some bishops of the diocese or against consistent.
D. In case when a bishop is charged uncanonical character.
E. In case when it is speaking of removing disorderness observed.

The second instance of canonical applicant is the metropolitan tribune for

all church personal and other persons.

The metropolitan tribune today in autocephaly church forms the last

judicial instance with exception of the four. Oriental Patriarchal as instance
superior metropolitan tribune.

3.4. The Procedure of Church Tribune

3.4. 1. The Procedure of Special Church Tribune

In the canonical source of the first century of the bishop tribune is read as a
regular tribune and independent…all the quarrel created among Christians
whether clergy or lay is debated by Christians to find out the truth in the
good model as well as giving a right sentence.

The behaviour of the accuser as well as the accused have to obey for detail
examination; whatever the accused himself has had a good fame, it won’t be
given any credit, it must be proved by witnesses. Before the church tribune,
two kinds of processes are presented; one is introduced through the charge
raised by somebody, while the other through the intervention from the
tribune office. In the process of the first manner, the accuser is the principal
person; he has to find the charge to read and offer the necessary evidence,
and to convince the judge about the legality of the charge. Opposite to this,
the accused has to reject the attack of the accuser to combat the accusation
and to show his innocence by providing evidence. In this process, the
tribune plays more of passive role.

a. In regard to the accuser, the canons make difference between the

affair of the church and the civil. In the affair of the church, a charge
against a member of the clergy cannot be raised unless by co-

By Mekonen Workineh Page 15

 Canon Law Two 2022/2014
religious, therefore someone who does not have an Orthodox faith
cannot be accuser.
A charge must be public; a secret charge is not acceptable by the
bishop. The accuser must read exactly all points of charges mentioned
by him in his charge and to call on two or three witness for
strengthening the truth by his indication.
b. The accused is obliged to be present at the tribunes for judgement in
the same day in which he received the written order; in case when he
is not present, in the absence of the motive which is to be justified,
the obstacle is penalized.
c. The canon mentioned about the lawyer before the tribune.
d. At last the canons more contain decision about the witness permitted
on debate affairs in dispute or litigation before the tribune of the
church.

3.4. 2. The General Church Offense

a. Apostasia

It is the abandon of the Christian faith and embraces some none Christian
confession apostalion can be either intentional or forced. In the first case,
apostasy lay man is excluded from embracing all the life, in the last case on
12 years while the clergy in the first case is deposed. In the last case, it
shows deep repentance that will keep the name and dignity of the clergy;
but no more dignity forever to implement sacred things.

b. Heresy

it is intentional rejection and being stubborn of some fixed dogma of the

church or dogmatic holding for heretical dogmatic opinion blamed by the
church. The penalty of the church for this anathematized.

c. Schism

It is the separation or division of the church due to different understanding

of some object which are lesser importance to the church teaching or a

By Mekonen Workineh Page 16

 Canon Law Two 2022/2014
certain problem easy for reconciliation. The later one is refusing of listening
of the church authority. The canon decides penalty for the first 1st kind of
schism, according to the size of the distance from the church teaching
established for the 2nd type of schism, the canon decides for clergy deposed
and for life excommunicating.

d. Simonism

it is a serious offense consisted with spiritual gift. The name is derived from
Simon who offered money to the apostles for spiritual evidence. A guilty man
is not the only person that gives live or ordination or (forwarded) raise (the
grade of hierarchy) but some body to hierarch grade as well as someone who
receives ordination in the same case, so also intermediater. Through
Simonism only giving, receiving money or other gifts for the evidence,
respectively holding of spiritual service is not comprehensive.

This offence is done then:

1. When it is made ordination or for better position as reward for

personal service.
2. When this result is considered as nepotism/favouritism or friendship.
3. When it’s deceived by the person influenced for proving illegally by the
church dignity as much as getting vote for election in the church
position.
1. The Objective of Offence of Simonism
A. Agreement or receiving the dignity of the bishop priest or deacons
in spite of any service.
B. Therefore acceptance or agreement this follows any service of
jurisdictional hierarchy.
C. Gifts with payment of embracing or other means of salvation.
D. The abuse of jurisdictional power for a law use as well as giving of
unjust sentence or giving unmerited penal for gaining or for
suffering (bias).

By Mekonen Workineh Page 17

 Canon Law Two 2022/2014
The church gives the bitter penalty for this offense. Any bishop who is
proved of Simonism is to be deposed.

3.4. 4. The Offence of the Clergy

The Offence of the Clergy is referred or for professional duty special in

church or for general duty which obliged any Christian.

Offence which is regarded as a special church service is read in the source

of church law as follows:

a. The ordination for the second time of the bishop, the priest and the
deacons for the same rank.
b. Committing by his own authority sacred things by a priest legally
deposed due to an offence.
c. Performing ordination by his own power of an episcopes outside of his
diocese without the will of the diocese bishop.
d. The performance of divine service by a clergy into paraclis without the
knowledge of the diocese bishop.
e. Leaving the service place by his own power, and the acceptance by
other bishop, priest or deacon without the knowledge of the competent
church authority.
f. Leaving off a diocese bishop of his diocese and waiting a long time
outside his diocese
g. The negligently of a bishop or priest, the written ritual for performing
sacred things.
h. The negligently by a bishop or priest and implementing the duty
function of the teacher in the church.
i. The violation of secret witness.
j. The wasting of church property or its utilization for its scope.
k. Occupation with affairs which is not related directly to the church
service and his duty negligently.
l. The negligently of the cloths which do not correspond to the church
character.

By Mekonen Workineh Page 18

 Canon Law Two 2022/2014
The penalties for the offence given are contained in the same source of the
church law, which treats about that offence. For the account of these
penalties, the canonical prescription is always taken into consideration by
the church authority.

II. More offence is committed by clergy who regard duty of social life,
nowadays decide the civil tribune. Because the church has direct
jurisdiction over the clergy, similar offence is judged by external church
forum.

Among the offence of this kind that must be mentioned these more
important.

1. A high betrayal
2. Conspiracy against the legal authority
3. 3. Perjury
4. Profanation (abusement of things sacramental to God)
5. Blasphemy
6. Alonierea-slanderous-slander and false accusation
7. Theft (hurtful)
8. Usury
9. Omor=murde
10. Beating
11. Adultery
12. prostitution
13. Drunkenness
14. Play or chance play
15. Passing time in drinking house
16. 16. Visiting of localities of amusement

The penalty for other offence, the church decides according to the necessary
measurement.

By Mekonen Workineh Page 19

 Canon Law Two 2022/2014
3.4. 5. The Penalty for the Clergy

The penalty which is given for a clergy can be grouped in correction venality
through which is taken all the right and the spiritual property. And the
other is recovery penalty.

From the first make parts:

a. The advice is understood as the duty of the clergy that must be

fulfilled according to his position in church.
b. Reproach or scold is made personal by a bishop or by the synod. In
the last case the respective is blamed in public.
c. The degradation of the guilty from the rank occupied to the lower
position.
d. Excluding from the service for certain time. At the beginning, he will
be at them bishop’s residence under his supervision. Later on, the
guilty is sent to the monastery under the supervision of the abbot with
the penitential rule.
e. Preventing from performing sacred things for certain time. This
penalty is given as a penitential for an offence committed. In the
expired time of the penalty, the respective cannot exercise any right.
f. Preventing from fulfilling certain sacred things. For that penalty are
obedient those guilty of an offence.

The penalty mentioned up to now is for correcting the clergy from

their wrong doings, whereas the following are proper penalties applied upon
the clergy when they are found guilty of violating canonical orders:

1. Losing the right to be transferred for higher hierarchical rank forever.

2. Being excluded from any ecclesiastical service forever. This penalty is
given for the negligence in implementation of the duty which the
clergy has. For example, when a bishop leaves his diocese for a long
time or a priest goes from his service place without the will of the
bishop (by his own will).

By Mekonen Workineh Page 20

 Canon Law Two 2022/2014
3. Losing the right forever to perform sacred things, but with the right of
bearing the clergy title and holding the spiritual dignity. This penalty
is given in case where the offence is very difficult and produces a
scandal in the population.
4. The deposition or loss of the right to fulfil the sacred things, related
with the loss of the title name of the clergy and the dignity forever.
This penalty is directed specially to hierarchical norms. For example,
Simonism, laymen are penalized by excommunication. A clergy that is
penalized with deposition, loses all rights of teaching, performing
sacred things and the right of jurisdictional power.
5. Deposing and excommunication at the same time: the clergy who
takes this penalty is subjected for laymen. This means, he will be
excluded for a short or long time from the prayer of the community of
their believers. The clergy suffer from this difficult church
punishment.
6. Anathema: this punishment is the same for the clergy and lay men.

3.4. 5. The Right of the Church Having the Property

The property of the church is composed of all things which are needed for
her external life and for not to be obstacle in arriving her scope. The external
life of the church mission is constituted from implementing divine services
according to the ritual prescribed from spreading Christian teaching and
from keeping order in church organization.

The church has a right to realize her sacred mission in the world. As a social
organization, for the satisfaction of divine service necessity, the church has
a need of earthly property.

3.4. 6. Changing Ancient Canons

An ecumenical council is the only authority enables to define dogmas and

imposes on all church obligatory disciplinary prescription, abrogating or
changing the canons of the preceding councils or forming new ones more
adapted to modern times.

By Mekonen Workineh Page 21

 Canon Law Two 2022/2014
The first congress of Orthodox theologians, recognizing the necessity of
codification of the holy canons expressed to the most Holy Orthodox
churches the desire that they constitute by common understanding and by
the meditation of a commission of professors of canon law from the
theological faculty.

3.5. Church Administration and Ecclesiastical Discipline

A. Codification of the Holy Canons and other canonical prescription with a

view to their eventual ratification by an ecumenical council, when the time
shall have come from one.

B. Administration of justice and penal procedure:

1. An organization of ecclesiastical courts in the entire Orthodox

Church that will be as uniform as possible.

2. The establishment of a penal procedure that will be identical as far

as possible.

3. Concerning bishops:

a. A study of the manner of electing bishops so that it may confirm to

the canons as closely as possible.

b. Administrative and other distinction among the bishops;

1. Patriarch 2. Heads of the autocephalous churches 3. Metropolitans .4

Archbishops 5. Titular Metropolitans 6. Residential Bishops 7. Titular and
Auxiliary bishops 8. Chero bishops.

D. Monastic life a suitable means for bringing orthodox monastic life back to
its ancient splendour by fidelity to its tradition and monastic rules and by
resumption to its former activity.

E. Adaption of canonical prescription regarding fasting so as to be in accord

with the exigencies of our times.

By Mekonen Workineh Page 22

 Canon Law Two 2022/2014
3.5.1. Formation of Clergy

a. Manner, aim and content of clerical formation.

b. The immediate supervision of clerical formation by the hierarchy.
c. The formation of the clergy in theology and other fields.
d. Lecture for the formation of clergy.
e. Marriage independent: a study of actual practice of local of actual
churches and the church’s power in the field, with a view to
arriving at a uniform practice in the entire Orthodox Church as far
as this is possible.
f. Department of clergy: their appearance and dress.
g. The problem of the calendar: a study of the question based on the
decision of the first ecumenical council in regard to the date of
Easter, aiming at the establishment of a practice common to all
Orthodox churches in this matter.

The approval of the above program at Rhodes necessitated the

establishment of officially recognized group of scholars furnished the
necessary scientific and material means.

3.5. [Link] Fundamental Principle of Orthodoxy

Canon law should guide the composers of the new code. It is explained in
the development of the canon law. According to him an orthodox code
should be based on eight principles closely connected with ‘Dogma’ and on
four others of purely ‘Canonical’.

These are:

a. The divine human nature of the Son of God.

b. Universal church in which every member
c. Collaborates in the work for the salvation of souls under the guidance
of
d. A hierarch organized in a synod system
e. The exercise of ecclesiastical authority should be governed by the
principle of economy.

By Mekonen Workineh Page 23

 Canon Law Two 2022/2014
f. An independence of and at the same time
g. Loyalty to the civil power
h. The autocephalous character of the church
i. Autonomy with regard to a superior orthodox authority.
j. The acceptance of state laws in the ecclesiastical codes or the ‘Nomo
canonical’ principle and finally
k. The territorial principle according to boundaries of dioceses and
parishes should correspond to the administrative canon law/ page.
157.

3.6. Human Rights and Church Order

The determination to create a juridical order which safe guards the personal
freedom of man should also be expressed in church order. Church law
ought to be a living theological expression of man’s right by its very nature.
3.6. 1. The Specific Nature of Church Order
The key function of a church order as well as its aim is to protect and
guarantee this proper responsibility in faith and its development. The
quality of the ecclesiastical community as a sacramental community of faith
is decisive for the nature and function of church law.
3.6. 2. Particular Right
a. Equality and Brotherhood

The first of the declaration say “ all human are born free and equal in
dignity and heights. They are endowed with reason and conscience and
should act toward one another in a spirit of brotherhood.”

A “personality cult” is not recognized in law. Church law should be radically

and resolutely reject any chains that might suggest inequality among the
faithful on principle whatever the function.
b. No discrimination

The second article rejects and forms of discrimination in law birth and social
background have no claims to special privilege. It is urgently necessary for

By Mekonen Workineh Page 24

 Canon Law Two 2022/2014
the law to abolish radically, still legally existing “minority status” of secular
and regular female superior.

c. Equality in the administration of justice

Canon law recognizes the principle that anybody can seek protection for any
right he has in the community. In a sacramental community of faith, it is
extremely important that the legal way of protecting ones ecclesial rights is
clear, public and open to every member with regards to every other member.

[Link] justice

The existence and effective functioning of independent and impartial justice

is a service to both parties and prevents many conflicts that are otherwise
insoluble. A solution which also will satisfy the community can only be given
by an impartial judge who is not dependent of the bishop.

[Link] for the private life

these who were adequately protected by church law against almost
unlimited interference in private affair and under the regulation that makes
even a minimum of privacy impossible.
[Link] of thought conscience and religion
Church law is meant to order the life of the sacramental community of
believers and therefore presuppose a free acceptance of the faith. There is no
sense in imposing church law on people who do not believe themselves
bound by such a law who want to have no part in the community.
[Link] of opinion and expression

the usual ecclesiastical policy of presuming the necessity of secrecy and of

only occasionally allowing publicly should be reversed so that the necessity
of publicity is presumed and secrecy only occasionally imposed when there
are compelling reasons for it.

[Link] assembly and association

The principles which govern freedom of association in the church have been
set out in the constitution on the apostolate of the laity.

By Mekonen Workineh Page 25

 Canon Law Two 2022/2014
i. Democracy

the indispensable condition for the further development of democratic

structures within the church is the development of each one’s awareness of
their own personal responsibility to the Lord.

j. Participation in the cultural life of the community

Universal declaration of human rights can be an inspiration, not only for a
new codification of Christian rights in a new church order, but also for the
growth of a social law as has already happened in the legislation.
1. There be a revelation of the nature and purpose of the in so
far as it tends to perfect the people of God.
2. In this revaluate Cognizancebe taken of the current
scriptural and theological classification of the nature and
mission of the church.
3. The charity and pastoral concern of to be strong motivating
factors in the formation of the law.
4. In addition to the concept of Roman law, Germanic law,
Anglo- American law and Oriental law are considered in the
formation of the revised law code of canon law.
5. There is a careful scouting of these? Laws which we
formulated in the historical context of conflict with other
religious or secular bodies. In so far as these laws lead to
interference of lack of justice and lack of charity.
6. Persons who were not baptized legally in the universal
church, who were not converted to orthodox faith are exempt
from purely ecclesiastical laws.
7. The content and terminology of the law be formulated with
the presumption that persons who are not Catholic are
persons of integrity and good faith.
8. The objection of non-Catholic to the laws of the church is
thoughtfully considered as much as these objections may
point to the lack of justice equity or charity in the law.

By Mekonen Workineh Page 26

 Canon Law Two 2022/2014
9. The penal law be drastically curtailed and simplified and that
their application for greatest part be placed in the hands of
the local ordinary or regional and national conference of
bishops.
10. An accessed person be not punished unless he is aware of
the nature of the accusation, the identity of his accuser and
the evidence of the truth of the accusation, and he has
adequate opportunity to defend himself.
11. Whatever possible decision permission and delegation
now reserved to the Holy See be transformed to local
ordinaries.
12. The safeguarding of the rights of persons be on a par with
the safe guarding of the dignity of sacraments.
13. The rights and interest of priests and religions other than
pastors and superiors be defined and safe guarded.
14. Very serious consideration be given to the fact that under
to personal laws of procedure. Person seeking annulment or
dissolution of marriage often suffer a grave injustice in as
much as they are not given an adequate opportunity to
vindicate their rights or to seek relief.
15. The right and interest of the laity be clearly defined and
safeguarded.
16. The freedom of conscience of the individual person be
respected and safe guarded by laws concerning the
prohibition and censor of books.\
17. The work and experience of the united nation and the
world council of churches be taken into consideration in the
formation of the new law.

The renewal of church order, the revision of penal code is one of the hardest
nuts to crack yet the maintenance or rather restoration of an ecclesiastical
discipline is necessary.

By Mekonen Workineh Page 27

 Canon Law Two 2022/2014
The ecclesiastical communities cannot & let mystery of salvation be
celebrated or ecclesiastical ports to be occupied by people who openly reject
their gospels or whose conduct denies this proclamation openly and clearly.

The churches cannot be and remain themselves if they do not maintain

themselves in a true unity of faith, the true unity of community and a true
unity of evangelical life.

It’s generally agreed that the penal law contained in the present code of
canon law is for a large part out of date. To apply it means in most cases a
complication of evangelical life.

3.7. Penal Law or Discipline

To prove that the church need a penal law code it has been argued that the
coercive/force power is just as necessary to the church as the law at large. It
is said that the church is perfect society coercion is an essential element of
law. It is true that in earlier day’s excommunication and to other punitive
measures of the church had a pronounced coercive character. Any measure
by which the church excluded somebody from her community or from the
right to liturgical participation or from the exercise of ecclesiastical office
had a pronounced coercive character.

3.7.1. The Notion of offence

Offence means in canon law an external and morally imputable

transgression of law or command to which a canonical sanction is added or
at least a treat of punishment. One might conclude from this that the
church order works on the principle that there is no punishment without
law, even though the law contain no sanction whatever the legitimate
authority can nevertheless punish the transgression of such a law, woven
without the threat of a sanction before hand, if this were deemed necessary
on account of public scandal or the particular seriousness of the
transgression otherwise the guilty peon cannot be punishment in case of
transgression. I principle a judge cannot inflict punishment unless he acts
on an existing penal law fits with a system where legislator to lay down what

By Mekonen Workineh Page 28

 Canon Law Two 2022/2014
punishment must accompany what transgression and the judge cannot
inflict punishment unless he acts on an existing penal law fits with a system
where legislature and judicature are separate function . Then it is up to the
legislator to apply these laws. But in the church order there is no separation
in principle between legislature and judicature particularly not in penal law.
it also makes sense to establish a procedure for the taking of such measures
which will protect members against every injustice and arbitrations.

3.7. 2. Discipline and Penance

The definition of an ecclesiastical offence said on one hand that in penal law
the church only considers the social aspects of the offence, not the aspect of
sin for which one is reasonable to god and which the church deals with in
the sacrament of penance with so called vicarious authority. Here
satisfaction is obtained through a voluntarily accepted penance.

We start from the right principle that penal law or the disciplinary order of
the church is by a mature public matter a matter that concerns the
community on the other hand here we have disciplinary measures about
conduct that is not public and this cannot be reconciled with the
community should be separated from concern for individual members and
this principle is only gradually coming to be realized in church order.
Ecclesiastical administration is becoming increasingly distinct in principle
from functions that are concerned with personal spiritual direction.

3.7. 3. The Notion of Punishment

In the secular state all penal measures are measures with which the
community though its competent bodies threatens the transgressor. There is
no single system where the transgressor must himself apply punishment to
himself. It is different in canon law where excommunication, suspensions
and interdict are not the only measures that the community or the
ecclesiastical authority takes against the transgressor but also an obligation
on the transgressor to execute these measures himself, Ecclesiastical
punishment not only obliges the churches not to let somebody approach the

By Mekonen Workineh Page 29

 Canon Law Two 2022/2014
sacraments or to administer them or to let him partake in the celebration of
the Eucharist or to exercise etc. But also imposes upon the transgressor
himself the duty to abstain from these actions in conscience.

We can also avid a contradiction on this point in the existing discipline and
canon law. When the church decides that somebody must be denied
communion or the celebration of mass for public misconduct. She does not
judge the man’s conscience and does not intend to judge this. “The church
doesn’t judge matters of conscience is centuries old (adage). But in that
case it is a bad logic to impose a direct obligation of conscience on some
body to take disciplinary measure against him. The function of canon law is
to regulate the public aspect of the life of the community, not the privet life
the person. This would be the logical application of the separation of law
from conscience.

3.7. 4. Punishment Inflicted by Law

A punishment imposed by law is a particular punishment so attached to a

law or command that it is incurred (ipsotaste) by the transgression of the
law or command the punishment laid down in law or command is only
incurred by the sentence of a judge or a pronouncement by the authority.
Most canonical punishment today is (late Sententiae)

Various arguments’ have been adduced to justify the existence of such

punishments. In a spiritual community punishment (lataesententiae) might
be meaningful because over and above the keeping of the law, the members
are expected to live by the inner connection of their faith.

The legislator does not know the transgressor the judge does can make
personal contact with him and adjust the punishment to his condition.
Punishments are not aiming at individual but at the community. They must
correspond to the social consequence of the offences. They are not imposed
in order to protect the community. It is precisely this sanction
(lataesententiae) which caused penal law to shift from public order to private
penance and the conscience. And thus the

By Mekonen Workineh Page 30

 Canon Law Two 2022/2014
Penalty has become a private affair, no longer a matter for the community
but a personal matter a tail end to sin.

Some authors to maintain the punishment (lataesententiae) at least for

specific misconduct in office by priest, where this conduct is by very nature
and not public as in the case of giving sacramental absolution to an
accomplice in sins against the commandment of chastity or of a direct
violation of the confessional secret, such offence can create grave scandal
and seriously injure the religious life of the others but as long as violations
of the priestly office are not public, it is difficult to see why the situation
should become still more complicated by severe disciplinary measures.

3.7. 5. The Prohibition to Absolve (Pardon)

One of the effects of excommunication is that sacramental absolution must

neither be given nor be received. It has suggested dropping this prohibition
as an ecclesiastical sanction. If all disciplinary measures are taken by the
same authority instead of the confessor, such a prohibition would no longer
be justified. For this would mean that the delinquent cannot receive the
sacrament of penance before the authority has withdrawn the prohibition
while in fact he is entitled to sacramental absolution as soon as he is in the
right disposing.

To this one might add that the church’s judgment of the necessity of
disciplinary measures against a member cannot be and does not intend to
be, a judgment of this conscience. He should therefore be free to deal
personally with matters of conscience even in confession, independently of
his public and canonical position in the community.

3.7. 6. Excommunication

Excommunication can be described as a censure or corrective punishment

by which someone is excluded from the community of the faithful. The
following lists are the effects of this sanction are loss of right to come to the
church’s services, Service, except for preaching no active participation in
church service, no reception of sacraments, no ecclesiastical, burial, loss of

By Mekonen Workineh Page 31

 Canon Law Two 2022/2014
indulgences and public intercession of the church, no share in so called
legal ecclesiastical action such as the management of church property,
functioning in the church’s judicature being a god parent at baptism or
confirmation, voting in ecclesiastical elections, no reception or execution of
sacred order, no administrative function etc.

Not every excommunication entails/involves the whole list and some only
become operative after sentence.

Anyone who reads these lists for the first time wonder how one penalty can
possibly have so many and such varied results all at once. This all
embracing excommunication is not an institution which has existed in the
church since the beginning formerly but it was divided into several kinds.
Each member should be stated on the sentence. It has been suggested that
no ecclesiastical measures should forbid or abstract the validity of a
marriage. Here again a disciplinary measure is strengthened with a
consequence that belongs rather to the conscience and disposition of the
individual person.

3.8. Guide Lines of Management

For excellence success in management the following formulas are cited

often

a. Know the organization goal

b. Select effective subordinate
c. Delegate by letting subordinates decide issue with/in their? Respective
sphere of operation.
d. Check to ensure that the results being obtained are satisfactory
A. First
1. Select your group members carefully
2. Motive them
3. Develop good communication.
4. Strive to attain effective interpersonal relationship.
5. Minimize conflicts among the group made me.

By Mekonen Workineh Page 32

 Canon Law Two 2022/2014
B. Second
a. Strengthen human relations skills
b. Learn to speak and to listen effectively.
c. Set high standards or proposed levels of achievement.
d. See situations from the other persons viewpoints.
e. Because effective in decision making.
f. Adapt a question attitude to discover and use new idea.
g. Be a leader by getting involved in the action.
h. View management as the opportunity to influence other peoples
favorably.
i. Evaluate what is achieved and if necessary take remedial action.
C. Third
1. Spread time on matters that are really important.
2. Plan and follow through on program.
3. Express personal feelings and understand the feelings of others.
4. Look for the best in others not the worst.
5. Make sure each group member is assigned the work best suited for that
person.
6. Encourage members to assume responsibility
7. Appraise his or her own self and performance honestly.
8. Evaluate the group members’ consistently
9. Keep expenditures at a minimum compatible with the service required.
10. Increase personal over all knowledge.
 The church administration according to administrational law
a) people b) properties
 People managed by the church
a) Laymen be clergies
 Properties administered by the church.
a) scored objects for ship service./eg. Church buildings and
sacred things/ by as a legal body the right to possess
property.
 Structural of church administration.

By Mekonen Workineh Page 33

 Canon Law Two 2022/2014
a/ vertical structure b/ Horizontal structure.
 Legislation of church law.

a) the right to issue the law b) the right to apply the church law/ the right
to translate in practice the church law.

 Order of administration consecutively

a/ Giving guidance and performance by receiving direction and complying

 Technical administration

a) Placing policy planning b) planning c) character of the plan /kinds of

the plan and its grade.

 Penal law of the church

According to the church law, the kinds of offence, the tribune of the church
and the penal law in the church are applied to:

a) laymen b) clergies c) monks

 The procedure of penal law of the church

a) the body of justice b) charge procedure order

c) kinds of evidence d) justice procedure order

Self-Test

1. What is Symonism?
2. What is excommunication?
3. What is penal law?
4. What is Penance?
5. What are the fundamental principles of Orthodoxy?
6. What is Church administration?
7. What is ecclesiastical discipline?
8. What are the offences of the clergy?
9. Mention the objective of offences of Simonism.

By Mekonen Workineh Page 34

 Canon Law Two 2022/2014
10. Mention the particular human rights.

Summary

The course is consisted of three chapters; these are educational and sacred
things administration, and jurisdictional power. Educational Administration
reflects the responsibility of the bishop of a diocese how he manages to
spread the word of God and defending the believers from false religious
teachings.

The second chapter briefly discusses on sacramental services having various

rituals/prayers for each sanctifying performance. The responsible body for
carrying out the services and the place where they are done are explained in
a concised manner. The chapter strongly informs that the seven sacraments
should be performed by clergy who are properly given their ordination in a
proper Christian institution.

The third chapter is the largest one that aims at teaching jurisdiction power
of the church in which the church tribune, church discipline, the offences
done by the clergy, excommunication, penal laws and etc. are discussed.
Apostacia, schism, heresy, Symenism and ecclesiastical offences are
knowingly or unknowingly done by the clergy. The consequences are very
dangerous, and they can lead the church into permanent separation.

By Mekonen Workineh Page 35