Lectures on Church Law

Independence is also enjoyed by: a) the Montenegrin Church, under the administration of the Metropolitan; b) the Church on the island of Cyprus, under the administration of the Archbishop, and c) the Church of Sinai (on the Sinai Peninsula) with its Archbishop.

Administration in the Churches of the Other Faiths

Independence is also enjoyed by: a) the Montenegrin Church, under the administration of the Metropolitan; b) the Church on the island of Cyprus, under the administration of the Archbishop, and c) the Church of Sinai (on the Sinai Peninsula) with its Archbishop.

The Structure of Governance in the Roman Catholic Church

In the structure of its administration, the Roman Catholic Church has much in common with the Orthodox. 1) Pope (Pontifex maximus? Vicarius Christi). The main and essential difference between the Roman Catholic Church, in this respect, and the Orthodox Church is that the Roman Catholics recognize the Roman high priest as the supreme ruler, visible as its head, who has been given the title of Pope (father). He possesses all the fullness of spiritual authority, he is the bishop of bishops; the other organs of church administration derive their authority from him. He is the supreme legislator of the Church, can issue binding decrees concerning all matters of church life and church administration, repeal previous church laws, allow dispensations (the termination of the binding nature of the general law for individuals and cases), and grant privileges (rights that cannot belong to a person or institution according to the general structure and law). To him belongs the supreme power of the final judgment in the whole Church, the supreme right of supervision and administration in it. The authority of the Pope is not subject to limitation by the bishopric or by an ecumenical Council, whose decrees become valid after the confirmation of the Pope. There is no judgment over him, and he is responsible for his actions only before God and his conscience. By virtue of this position of the Pope, there can be no local autocephalous Churches in the Roman Catholic Church. Politically, the Pope is independent of secular power, as the head of the Roman Catholic world, and is considered equal to the crowned heads. The pope is elected by the cardinals present in Rome within 12 days after the death of his predecessor, and from among the cardinals, and some monarchs of the Catholic powers may remove one cardinal each from the election. The election is made in a strictly guarded building, the conclave, and is made either by a majority of votes (2 × 3) given in sealed notes, or unanimously, on someone's proposal, or by a commission entrusted with the election. 2) Cardinals (cardinalis - chief). This is the name of the highest ecclesiastical positions, persons at the papal throne, who are the closest advisers to the Pope and his assistants in administration. Their appointment depends solely on the Pope. They are chosen from all three degrees of priesthood. The staff is supposed to have 70 cardinals: 6 from bishops, 50 from presbyters and 14 from deacons. They bear the title of eminence, subordinate and subject only to the Pope. All the cardinals together constitute the sacred College, presided over by the cardinal, the bishop of the city of Ostia (their dean). Their assembly, presided over by the Pope himself, forms the Consistory of the Cardinals. When the papal throne is vacant, the College administers the entire Church and the papal Court. 3) Roman Curia. This is the name given to the set of auxiliary institutions through which the Roman Catholic Church is governed. It consists of several congregations under different names, permanent or extraordinary; they are ruled by cardinals. Such, for example, are the congregations for the propagation of the faith (de propaganda fide), the examination of books and the inclusion of harmful ones in the list of forbidden readings for Catholics (indicis librorum prohibitorum), the consideration of newly arising errors (inquisitionis), etc. 4) Metropolitans and Archbishops. The Roman Catholic Church is divided into metropolitan districts, which consist of several dioceses. The bishop of one of these dioceses, ruling it with the rank of archbishop, has the right of supreme supervision over the administration of the other dioceses in the entire metropolis and bears the title of their Metropolitan. In other ecclesiastical districts, the first bishops bear the honorary title of patriarchs and primates. There is only one metropolitan district in Russia: Mogilev. The central administration of the affairs of the Roman Catholic Church in Russia and Finland is concentrated in a special institution called the Roman Catholic Ecclesiastical Collegium, established at the end of the 18th century (in St. Petersburg). It consists, under the chairmanship of the Archbishop of Mogilev (Metropolitan of the Roman Catholic Churches in Russia), of two members (a bishop and a prelate) and several assessors elected by the cathedral chapters, one from each diocese for a term of three years, from among the prelates or canons. Cases received by the Collegium from the Metropolitan's diocese and decided by him personally are considered and decided in the Collegium without his presence. The Collegium consists of the Prosecutor and the Office. All cases requiring consideration or decision by the secular government are submitted by the Collegium to the Minister of Internal Affairs, who, through its prosecutor, supervises the progress of the cases, makes his proposals to her and gives her conclusions. The Collegium communicates with the Governing Senate through reports only on judicial cases and receives decrees from it; it communicates with the Ministers of Internal Affairs and Justice by representations. 5) Bishops. Bishops are at the head of church administration in dioceses. The ordinary and normal election of a bishop is performed by the cathedral chapters. But there are also appointments of candidates for the episcopacy in various other forms, for example, from the Supreme Authority in the state or from the Pope; in any case, the bishop elected in one way or another is confirmed by the Pope. To assist the bishop of the Chapter, suffragan bishops are elected and appointed, corresponding to our vicar bishops. Sometimes such bishops receive the right to succeed their diocesan superior (bishop coadjutor). Another main assistant to the diocesan bishop is the Cathedral Chapter. This is the College of Clergy at the Cathedral, which constitutes the Council or Senate of the Bishop (the Presbyterian Council in the ancient universal Church). The Chapter consists of a certain number of prelates (i.e. first members), canons and vicar priests. Prelates and canons are appointed by the bishop, with the approval of the civil government, from among the local clergy who have an ecclesiastical degree not lower than a subdeacon and a theological academic degree. The chapter must participate in the hierarchal service, give the bishop advice in the management of diocesan affairs or give its consent (in some matters, for example, concerning the chapter itself or church property, this consent is obligatory for the bishop). When the episcopal cathedra is vacant (if there is no coadjutor bishop in it), the Chapter elects a vicar temporarily administering the diocese, until the time of the appointment of a successor to the deceased or resigned bishop. In addition, in Russia, each Roman Catholic diocese has a spiritual Consistory, for the preliminary consideration of certain diocesan cases (administrative, disciplinary, economic, judicial, matrimonial, etc.) subject to final bishop's decision; the scope of its powers is similar to that of the Orthodox Consistories. The consistory has only an advisory vote and the bishop is not even obliged to explain the reasons for his decisions if they differ from its conclusions. It consists of the official (chairman), his assistant, the visitor of the monasteries and assessors; they are appointed and dismissed by their bishop. The Consistory has a chancellery with a secretary and officials who enjoy the rights of civil servants. The peculiarity of the Consistory is that the term of office of its members ends with the death or resignation of the bishop or vicar administrator of the diocese; the new bishop or his temporary successor, taking over the administration of the diocese, immediately re-forms the Consistory (however, always with the consent of the secular government). For the immediate supervision of the well-being of parish churches and the clergy serving under them, the bishop appoints deans in the districts of the diocese, corresponding to our deans. 6) Parish priests have almost the same duties in the parish and the same relations with the diocesan authorities as in the Orthodox Church. Where there is no right of patronage or where it is temporarily suspended, the parish priest is appointed by the diocesan superior, with the consent of the government, after a preliminary test and competition between candidates. In Russia, the rector of the parish for the management of the church economy is limited to the participation in this matter of patrons and elected persons from the parish. it is acquired either by the construction of a church, by donating land for it, by assigning maintenance for it and for the clergy, or by transferring this right from one person to another (e.g., by inheritance or by buying an estate on which patronage rests; sometimes, which is rare) it is granted by the Pope. parish affairs (he is the chairman of the parish council). The rector of the church sometimes has an assistant in the rank of vicar. All Christians of the Roman Catholic faith from among Russian subjects, whether spiritual or secular, are in contact with the Roman (papal) court on matters of their confession only through the Minister of the Interior. Affairs, which notifies the Ministry of Foreign Affairs. No papers, epistles, or instructions of the Court of Rome (the Pope) may be put into effect in the Empire or in the Grand Duchy of Finland without the Highest permission requested by the Minister of the Interior. After preliminary assurance that these acts do not imply anything contrary to States. decrees and priests. the rights and privileges of the Supreme Autocratic Power (Statutes of Foreign Powers, Articles 3, 8, 9).

The Structure of Administration of the Evangelical Lutheran Church in Russia

Its church structure is based on the parish community and its pastor. A pastor, according to the teaching of the Protestant Church, is a person who serves as an expression of the religious consciousness of society, and, by virtue of this function, is authorized by society to preach the Word of God (church teaching), to perform public worship and to perform the sacraments. In principle, the pastor should be chosen by the society itself from among the persons capable of discharging his duties; But in practice, this principle is not always adhered to. In Russia, there are different types of pastoral appointments in different places; In any case, no preacher can be appointed against the wishes of the parishioners, when they have good reasons for expressing such a desire. A candidate for pastor must be at least 25 years old, have a theological education (have completed a course at the theological faculty of the university) and, in addition, pass specially established examinations in the Consistory for a certain period. The first test is for the right to preach (pro venia concionadi), the second for the right to receive a parish (pro ministerio). Each pastor can admit the one who has passed the first test to preach in his church. After the second test, the candidate is assigned for a year as an assistant to the pastor (adjuncts). Certificates issued after the second test remain valid only for the period corresponding to the certifications obtained, after which an additional test in the form of a conversation (colloquium) is required; The latter condition is also observed when the candidate is looking for a place in another ecclesiastical district. In addition to preaching and liturgical duties, the pastor is charged with the duty of supervising church discipline in the parish and the religious life of parishioners, parish schools, caring for the poor and visiting the sick, keeping church documents, and directly participating in all parish affairs (charitable, economic, etc.). Note. The titles of bishops, archdeacons, deacons, etc. in the Protestant Churches they do not indicate the degrees of priesthood (which are not recognized there), but various ecclesiastical and public positions. Lower church ministers (kisters and organists) are not counted among the clergy and serve for hire.

Church Councils and Trustees

In order to administer the property, revenues and economic affairs of the church, as well as to preserve church order and decency, to take care of the maintenance of church employees, to care for the poor in the parish, etc., parishes have either church trustees (Kirchen-Vorsteher), or church councils consisting of several members (4-12), called church elders, trustees. All these officials are elected for a three-year term by a meeting of parishioners who have the right to vote (in villages - by owners of real estate). The pastor of the church is a member of the Council; in some parishes, the title of Trustee is combined with the position of parish pastor. Church Trustees are obliged to give an annual report to the General Meeting of Parishioners (Church Convention) on their activities and the state of the Church Fund. In the villages, in order to help the trustees, the parish elects for three years church wardens from among the villagers, who are approved by the trustees and are subordinate to them. Supervision in the districts over the trustees of parishes belongs to the Main Church Trustees or Inspectorates, the composition (consisting of both spiritual and secular members) and subordination of which differ in different localities. The main supervision of church property belongs to the General Consistory.

Church-government power

The external main administration of the Church is generally left to the secular Supreme Power. At the same time, church society and its spiritual representatives are given a greater or lesser degree of independence in different countries; hence the governmental structure of the Church is realized in various forms. In Russia, the Evangelical Lutheran Church is divided into several districts (corresponding to dioceses); Their limits are specified by law. The district administration consists of the Consistory, the Superintendent and the Probst. a) The Consistory consists of a secular president, a spiritual vice-president, and ecclesiastical and secular members equally. The President is approved by the Tsar either on the recommendation of the Minister of Internal Affairs, or at the choice of the local nobility or the city magistrate. Ecclesiastical members are elected by pastors, secular members by consistories or nobility and magistrates; All of them are approved by the government. The Consistory has the main supervision, administration and court in the district for all ecclesiastical affairs (with the exception of economic ones, which are subordinate to the Main Guardianships). Its authority corresponds to the authority of diocesan leaders in other Churches. (b) The Superintendant, or (in some districts) the Superintendent General, is the chief of all clergymen of the consistory district and the vice-president of the Consistory; he ordains pastors, supervises their activities and behavior, church institutions, visits districts, suppresses noticed disorders, has the power to fine subordinates with ordinary reprimands (heavy punishments depend on the Consistory). A candidate for this office is elected and confirmed in the same manner as the president of the Consistory. The Superintendent shall annually convene (where local conditions permit) a Synod of the pastors of his district, or a general spiritual conference, for the purpose of perfecting each member through a mutual exchange of thoughts and observations on various subjects of church life. The minutes of the Synod are brought to the attention of the Consistory. The appointment of its place and time depends on the Chairman. c) Probst. Some consistory districts, when approved by the government, are subdivided into several smaller districts consisting of several parishes. Each such district is entrusted to the supervision and direction of one of the pastors - the Probst (in other countries - the dean). The provost is elected by the pastors of the district and approved by the Minister of the Interior. His office corresponds to that of a deanery in our Church. He is the immediate superior of the clergy in his district, the closest observer of the administration of office and the behavior of pastors, through whom all the instructions of the spiritual authorities are communicated to the clergy. He is obliged to attend the churches of his district and supervise them in all respects. In some localities, the Provost is granted the right to convene meetings of pastors to discuss church affairs. He reports directly to the Superintendent. The supreme central administration of the Evangelical Lutheran Church in Russia is the General Consistory. All district consistories and superintendents are under its jurisdiction; it has the right to decide all the most important questions of church administration, supreme supervision over the administration of the entire Church in the country, the final judgment in all church affairs, the main supervision over the disposal of church property, and so on. It consists of a secular President, a spiritual vice-president (appointed by the Tsar), two ecclesiastical and two secular members, who are elected for a three-year term from the consistory districts and approved by the Tsar. It is accompanied by the Office and the Prosecutor. In administrative matters, the General Consistory is subordinate to the Minister of Internal Affairs, and in judicial matters (except for purely ecclesiastical matters) to the Governing Senate. According to the law, there must also be General Synods, which are convened, with the Highest permission, by the General Consistory to discuss questions relating to faith, worship, church structure, rules of deanery, and to communicate to the government information about the needs of the Evangelical Church. These synods should be composed of spiritual and secular deputies from the consistory districts, as well as presidents and vice-presidents of the Consistories, a deputy from the Faculty of Theology of the University of Yuriev, etc. Their decisions are legally valid only after they are approved by the government. Note. Evangelical Reformed communities in Russia have a church structure similar to that of Lutheran. In some localities they have a special ecclesiastical administration (the Collegium and the Synod in Vilna, for the western provinces); in others, they are subordinate to local Lutheran consistories, which convene special Reformed meetings to consider the ecclesiastical affairs of these societies, changing their composition for this purpose (instead of Lutheran spiritual members, there are one or two Reformed pastors and the same number of Reformed church elders). The communities themselves manage and dispose of the economy through their church councils.

Administration of the Armenian-Gregorian Church in Russia

Its supreme governance belongs to the Supreme Patriarch of All Armenians or the Catholicos of the Haykan people. His residence is the Etchmiadzin Monastery. Candidates for the patriarchate are elected by deputies from all Armenian dioceses, Russian and foreign, and by the Patriarchal Synod; the approval of one of the two candidates submitted belongs to the Sovereign. Deputies for this election are appointed from the dioceses in twos - one spiritual and one secular. A one-year term is appointed for election. Under the Patriarch the Synod consists of four bishops and four archimandrites, confirmed as its members by the Tsar. The Patriarch is the chairman of the Synod. The Synod has the highest administrative and judicial authority in the Church and finally decides all church affairs; but in all purely spiritual matters (e.g., concerning the dogmas of the faith, divine services, etc.), the voice of the Synod is only deliberative, and their final decision belongs to the Patriarch, who is not present in the Synod when they are considered. Such cases are in no case considered by the Synod at a time when the Patriarchal throne is not occupied. With regard to the affairs of the Armenians residing in Russia, the Synod is subordinate to the Governing Senate, the Caucasian Supreme Administration, and the Minister of Internal Affairs, on a par with other supreme ecclesiastical administrations of non-Orthodox confessions. The Synod consists of a Procurator and a Chancellery, whose members are confirmed in office by the Patriarch. As the supreme pastor of all Gregorian Armenians, the Catholicos confirms the other patriarchs of his Church; all of them act with his consent in the spiritual affairs of their particular Churches. The Armenian-Gregorian Church within Russia is divided into several (6) dioceses, one of which (Erivan) is directly governed by the Catholicos, as its archbishop, through his vicars. Each diocese is governed by an archbishop, with the assistance of his vicars, consistories, and spiritual administrations. In general, the structure of the Armenian-Gregorian Church, its administration, the rights and duties of the clergy and church institutions are the same as in the Orthodox Church. In the general circle of state administration, the affairs of heterodox Christian Churches in Russia are in charge of the Ministry of Internal Affairs, within which the conduct of these cases is concentrated in the Department of Spiritual Affairs of Foreign Confessions.

Section III: Public Worship and Sacred Rites