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.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.

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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.

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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
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:

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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,
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 3 rd 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.

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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.

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 1 st 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?

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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

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.

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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
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

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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.

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?

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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
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

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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
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

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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.

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

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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.

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

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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.
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.

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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 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

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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.
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.

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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-
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.

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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
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 2 nd type of schism, the canon decides for
clergy deposed and for life excommunicating.

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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).

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

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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.

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

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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.

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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

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time or a priest goes from his service place without the will of the
bishop (by his own will).
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

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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.

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.

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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.

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’.

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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.
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

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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 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

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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.
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.

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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.
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.

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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.

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

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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.

[Link] 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 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

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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 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

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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

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

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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 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.

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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.
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.

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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.
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

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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.
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

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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.

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