Lectures on Church Law

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

Church society manifests itself first and foremost in public or church worship. In it, the members of the Church, entering into invisible communion with God, enter into visible unity with each other and by their participation in church worship testify to their union with the Church. In addition, a Christian, receiving invisible gifts from God, or grace, through the sacraments, acquires certain rights in church society and assumes certain duties in relation to it. This visible aspect of public worship constitutes one of the main subjects of church administration and is included in the field of church law.

General Regulations

Church society manifests itself first and foremost in public or church worship. In it, the members of the Church, entering into invisible communion with God, enter into visible unity with each other and by their participation in church worship testify to their union with the Church. In addition, a Christian, receiving invisible gifts from God, or grace, through the sacraments, acquires certain rights in church society and assumes certain duties in relation to it. This visible aspect of public worship constitutes one of the main subjects of church administration and is included in the field of church law.

On the Divine Service

a) Its executors. Any public worship can be performed only by those persons who are called to public service in the Church and are legally designated for this. This is required by the very essence of both church worship and the authority granted to the clergy. Public worship is offered to God on behalf of the entire Church, therefore, only persons authorized by it can be its performers. Public worship includes, as its essential parts, teaching and sacred actions, which bring to the faithful grace-filled gifts and sanctification; Such actions belong to the essence of the clergy's power. Public worship is an expression of the unity with the Church of its members present; unity with the Church requires their communion with the church hierarchy; separation from it in divine services is a violation of union with the Church. Therefore, any unauthorized assembly for liturgical purposes, composed not only by the laity, in addition to the lawful representatives of the Church, but also by clergymen who have arbitrarily separated from their bishop, and even more so who are under episcopal suspension, is considered a schismatic, rebellious assembly, an encroachment on church authority (Apostolic 31; Ganr. 6; Ant. 4:5; Carth. 10:11) and is strictly condemned by church laws. Not only the celebration of public worship and sacred rites, but even participation in its performance by performing certain secondary actions, for example, reading or singing on the ambo, is not allowed by church rules to everyone indiscriminately, but only to those who are ordained to this (Laod. 15; Trul. 33; 7 Ecumenical 14). However, church practice allows the laity, with the permission of the spirit. authorities, to the performance of those ecclesiastical duties during church services that do not belong to the exclusive competence of the clergy. b) Order of worship. Public worship should be performed according to the rules or statutes adopted by the Church, without arbitrary changes or innovations. The canons strictly forbid making changes in the liturgical rites based on the traditions of the Apostles and Holy Fathers (I Ecumenical 20; 6 Ecumenical 32), or using prayers other than those composed by the most enlightened people in faith and piety and accepted by the Church (Carth. 116; Laod. 18). By these canons, the Orthodox Church protects, among other things, the purity of the faith of its members, since heretics often tried to spread and root their false teachings among the people by means of the church hymns and prayers they introduced. Only the supreme ecclesiastical authority has the right to approve and introduce into church use newly composed rites, prayers and hymns; in the Russian Church, this right belongs to the Holy Scriptures. Synod. By giving the liturgical rule for guidance, the Church prescribed, in so doing, to observe the order of church services approved by it, the sequence of prayers, hymns, and rites indicated in the rule. If sometimes some deviations from the book liturgical rule are tolerated, they concern insignificant details of the liturgical order and, most importantly, not any innovations or changes, but only some abbreviations for the sake of human weakness (for example, concerning the repetition of one and the same song); Such insignificant deviations are based on the established custom allowed by the church authorities. c) Participants in public worship. All members of the Church who are in communion and union with her have the right and are called upon to participate in church services. Excommunication from this participation is one of the punishments imposed by the court of ecclesiastical authority; only it deprives a Christian of the right to communion with the Church, either in the sacraments or in all prayers. Those who do not belong to the Orthodox Church are not accepted into liturgical communion with her. Therefore, a clergyman of the Orthodox Church does not have the right to perform for them or for them those sacred actions and prayers that he is authorized to perform for Orthodox Christians. However, our Russian Church in some cases grants leniency to non-Orthodox Christians, for example, an Orthodox priest is sometimes allowed to escort a deceased heterodox Christian in sacred vestments to the cemetery. A member of the Orthodox Church is not allowed by the canons to take part in the public worship of those who have separated from the one Church (Apostolic 10:65; Laod. 33). Such communion with them would be a sign of either indifference or alienation from the Church. This participation is especially impermissible for the ministers of the Church (Apostolic 45:46), since it can serve to tempt the Orthodox. d) Deanery during divine services. The moral obligation to treat divine services with due reverence requires strict observance of external decorum during them. In particular, the employees are required to read or sing intelligibly, without haste or confusion, without double-voiced or polyphony (i.e. not to sing or read different hymns and prayers at the same time); so that the singers do not use disorderly shouts, do not force themselves to unnatural shouts, and do not introduce anything inconsistent and uncharacteristic of the Church (Trul. 75). In order to exclude singing that is not characteristic of the Church, it is forbidden to use arbitrarily other melodies, except for those approved by the church authorities. Every note spirit. A work may be used during divine services only after its prior approval by the Director of the Court Singing Chapel and with the permission of the Holy Synod. And only in printed form (Uk. Syn. of 1846 and 1852). Disorder during divine services is not only a crime against public order, but also blasphemy, an insult to religion. The performers of the divine services guilty of this are subjected to severe punishments (Ust. Cons. 179-181). Our laws, enjoining everyone to observe all kinds of decency and decency during divine services, make it the duty of the ecclesiastical and civil authorities to strictly preserve peace and quiet during the service not only in the Church, but also outside it (Statutes of Arrest 3, 8, 10, 15, 17, Code of Punishment 210, 211, 213; On the Order of the Peace Court, 35, 36. to whom special collectors were appointed to collect fines from those speaking during the Liturgy (P. S. Z. No 8583)), and pay special attention to incidents related to the interruption of the service or its cessation because of someone's actions or words that cause temptation. The spiritual authorities must immediately inform the Holy Synod about this. The Synod and make representations to the secular authorities. In the Code of Tsar Alexei Mikhailovich, for disorder during the Liturgy, which interrupted its celebration, the death penalty was laid down (Ch. I). St. The Synod at a certain time (every four months) makes representations about all such cases at the Highest discretion, and immediately reports the most important events to His Majesty. The clergy must not conceal from the civil police any incidents in the Church. Note. The laws forbid to conduct during the church. services, to move from place to place, to venerate the holy icons, and in general to distract the attention of those present from the service. A person who comes to church is forbidden to stand in a place intended for a sacred service and in general - where he can restrict the performance of divine services; who does not vacate this place immediately, after being reminded by the clergyman, is subject to trial (Ust. on the Suppression of the Crime).

About Sacred Places

a) The concept of them and separation. Sacred buildings are those that are created in the name of God and consecrated for public worship or for the preservation of shrines. That sacred building in which, according to the rules of the Church, all the sacraments, any divine service, in particular, the Divine Liturgy (i.e., having an altar and an altar), can be performed, is called a church (the house of God, the temple of God); Other buildings intended for prayer and worship, or for the maintenance of holy icons, are called either prayer houses or chapels (the latter name is from the name of the type of worship that can be performed in them instead of the Liturgy, i.e. the service of the hours). According to the department to which the churches belong, according to their external significance, according to the conditions of their material existence, they are divided into court, synodal, military, monastic, parish, house, assigned, and so on. - There are also field churches in the army, in the navy, with missionaries. A cathedral is the main church in a city or in a well-known department or institution. A cathedral intended for the service of a local bishop is called a cathedral (from the bishop's cathedra). b) Construction of churches and chapels. With regard to the construction of churches and chapels, both ecclesiastical and civil laws have in mind chiefly that these sacred buildings should fulfill their purpose - to be places of prayer, schools of faith and piety, and that they should preserve the decency befitting a sacred place. Since the bishop has the main concern for the improvement of church affairs in the diocese, the canons forbid the construction of churches and prayer houses without his will and blessing. The construction of sacred buildings is considered by Christians to be a matter of special piety, a sacrifice acceptable to God, and the Orthodox Church always offers prayer for the ever-memorable founders of holy churches and for those who do good to them. That is why church laws forbade both in the Greco-Roman Empire (Just. Nov. 67; Helmsman 42 A.D. 27), so in our country they forbid the multiplication of the number of churches and chapels beyond the actual need for them, so that they would not subsequently remain in desolation and neglect, unbecoming of the sanctity of the church. The diocesan authorities are obliged to see to it that superfluous churches are not built, and that new churches of God are built only where Orthodox Christians have a need for them because of the remoteness of their place of residence from other churches, the inconvenience of communication, or when the existing parish church does not accommodate all the parishioners. If, under these circumstances, it becomes necessary for a new parish to be formed together with the new church, with the establishment of a special parish, then it is first necessary to ensure the maintenance of the clergy. (Ust. Const. 45-46). Note. In the latter case, as well as in the construction of a church in the capital, the permission of the Holy Synod is required. Synod (Articles 46, 47, 92). To have churches with a separate parish in their homes was forbidden by the spiritual regulations to all lay persons, with the exception of the surname of the Tsar's Majesty, "for this superfluous thing comes from the unity of arrogance, and is reproachful to the spiritual rank; the lords would go to the parish churches and would not be ashamed of the brethren in Christian society." Now, for persons who have received the right to special respect and are unable to attend parish churches because of old age or illness, diocesan bishops have the right to authorize the construction of house churches, which must be attached to the nearest parish church (Ust. Cons. 49). For the construction of house churches in the capitals or for the continuation of their existence after the death of persons for whom they were permitted, the permission of the Holy Synod is requested. Synod. After the abolition of the house church, all its property, by order of the diocesan authorities, should be turned into the property of the parish church, since this property is already dedicated to God (ibid.). The construction of chapels in honor of certain holy icons or in the pious memory of church and national events is permitted only for the most respectable reasons, and only with the permission of the diocesan authorities, and in the capitals - with the Highest permission. It is also permissible, with the permission of the diocesan authorities, to build prayer houses for an indefinite time: in those areas where, due to the remoteness from the parish church, parishioners cannot attend it (in such houses, parish priests themselves either perform divine services from time to time, except for the Liturgy, or may entrust one of the laity with the reading of prayers); in rural cemeteries, for performing rites over the bodies of the dead and pronouncing prayers over them; where the parish church has burned down, and the nearest other is far from the parish (Ust. Cons. 56-58). All chapels and houses of worship must be attached to a monastery or parish church, and be under the supervision of the abbot and churchwarden (Article 59). Those who built a chapel or a prayer house without the permission of the spiritual authorities are subject to trial, and the building itself is subject to destruction, if it turns out that it was built in violation of the above-mentioned rules. Both are done by the final decision of the diocesan authorities (Ust. Cons. 60). The place chosen for the building of the church should be convenient and decent, so that it does not serve as a temptation or threaten the existence of the church. The spiritual authorities consult with the civil authorities about whether there are any obstacles to the construction of a church on the chosen site (Ust. Cons. 46). c) The exterior and interior of sacred buildings. The ancient Church attached a certain symbolic meaning to this or that external appearance of the church, but did not make it an indispensable rule to observe any one form in the construction of the temple. Our ecclesiastical and civil laws make it a general rule that sacred buildings, while satisfying the conditions required by the building regulations, should observe decorum and dignity in their appearance. At the same time, the preference for observing the ancient Byzantine style is indicated (Ust. Cons. 48, 50; St. Zak. XII; Mouth. Builds. 218). This style, in addition to the fact that it corresponds to the sacred dignity of churches, also indicates the unity of the Russian Church with the Greek Church. A general and obligatory rule regarding the appearance of a church should also be that the altar of the church should be turned to the eastern side, where, according to the apostolic tradition, Christians should turn when praying (Vas. B. 91), and that a cross should be erected on every sacred building. When renovating or repairing ancient Churches built no later than the beginning of the 18th century, or, if not ancient, then outstanding in their architecture or historical significance, our laws require the careful preservation of their former external and internal appearance, and no corrections or alterations are allowed without the knowledge and permission of the Holy Synod. Synod. At the same time, the diocesan bishops are charged with the duty to see to it that nowhere, under any pretext, in the ancient churches, the slightest alteration, renewal or change of painting and other attributes of ancient times is allowed, except by asking for permission from the Holy Synod. Synod, in preliminary relations with the archaeological or historical Society (Ust. Cons. 47, 50). According to their internal structure, churches in ancient times were divided into three parts: the narthex, the middle part of the temple and the altar. The narthex was intended for catechumens and penitents (i.e., those excommunicated from communion with the faithful in prayers and sacraments), as well as for baptism; it was internal and external (vestibule). Later, when there were almost no catechumens left in the Church, and public repentance began to be used rarely, there was no need for an internal narthex. In some cases, it is replaced either by the vestibule of the church (porch), or by a place at its entrance doors (western). In antiquity, the altar had three sections: the middle (sanctuary), with the altar in the middle and the high place or co-altar (seats for bishops and presbyters behind the altar); offering with an altar in it, and a vessel storage (deacon). Now there is almost nowhere such a three-part division of the altar; but the holy table, or altar, and altar must be its essential accessories; The altar should be separated from the temple by an iconostasis, instead of which in ancient times there was a lattice, then a curtain. The altar is usually arranged on a raised platform, the part of which, protruding in front of the iconostasis, replaces the ambo, which in ancient times towered in the middle of the church. Church rules (Trul. 69) do not allow anyone from the category of laymen to enter the sacred altar; but (as the canon says) "according to some ancient tradition, this is by no means forbidden to the power and dignity of the king, when he wishes to bring gifts to the Creator. Only those who are sanctified are permitted to enter the altar and commune there" (Laod. 19). These canons, as can be seen, speak of the part of the altar where the altar is located, access to which was through the so-called Royal Doors. With the current arrangement of the altar, the above-mentioned prohibition applies to entering through the royal doors (which the clergy are allowed to do only during divine services at the time specified by the rule) and approaching the altar. Nevertheless, according to our civil laws, a layman does not have the right to stand in the altar and in general in the place intended for the sacrament, during the performance of the divine service. It is also customary not to enter the altar with weapons; In ancient times, when entering the church itself, sovereigns and military commanders took off their weapons and other signs of dignity. d) Consecration of churches. If ordinary buildings and structures are consecrated by the demand of religious feeling, then all the more so do buildings built in the name of God, as well as all the objects in them, require the highest consecration. Only the bishop has the right to consecrate the place where the bloodless sacrifice (i.e., the altar) is to be offered. A presbyter is not an independent celebrant of the sacraments; he receives the right to do so from the bishop; His service in a place consecrated by the bishop is evidence of this dependence. In accordance with ancient tradition, the canons require that at the consecration of the altar a part of the holy relics must be placed under it (VII Ecumenical 7), following the example of how in the first centuries Christians performed the sacrament of the Holy Eucharist at the tombs of martyrs, thereby giving honor to the sufferers for the faith and imitating the Church of Heaven (in it, as it appeared to the Apostle in revelation, the souls of those killed for the word of God were at the foot of the heavenly altar (Rev. 6:9). the bishop himself, he sends for the altar a consecrated antimension, with the holy relics enclosed, and then entrusts the consecration of the church to the presbyter. According to the rules of the Russian Church, on any altar, consecrated even by the bishop himself, there must be an antimension, signed by the bishop who consecrated it, as evidence that on this altar the right is given to perform the sacrament of the bloodless Sacrifice. The altar, removed from its place, and then re-installed, must be re-consecrated (1753, August 13). The consecration of a church takes place, according to the rule, during its restoration, as well as when its holiness is insulted by bloodshed or some kind of outrage on the part of heretics and pagans. e) Reverence for temples. The Church demands of its members due reverence for the consecrated temple as for the house of God (Gangr 21). Thus, the canons severely condemn those who treat sacred places carelessly (Trul. 97) and even more so those who turn them into an ordinary dwelling (VII Ecumenical 13). The Church also forbids the celebration of the so-called ancient supper of love in them, since it is unseemly to arrange meals in the house of God, to drink and to recline on couches (Laod. 28; Trul. 74). It is also strictly forbidden by the canons to bring animals into the holy temple (Trul. 88) and even to bring into it any offerings, except for those necessary for divine services (grape wine, wax, oil, frankincense) or except for the fruits of the earth (but not inside the altar) for their consecration at a certain time (Ap. 3); it is especially forbidden to bring meat offerings into the temple and thereby violate its purity (Trul. 99). However, the church canon, following Christ's teaching that the law of love for mankind is higher than the ceremonial law (Mark 2:27), does not consider it an insult to the sanctity of the Church to deviate from some of the above-mentioned canons, which is forced by cases of extreme necessity. Such a case, for example, is indicated by the Council of Carthage (51 canons on rest in the church during the journey) and especially the Council of Trull (88 canons on the introduction of animals into the fence of the church during the journey in a remote area). The very material of the consecrated temples of God is considered sacred; Therefore, in the event of the abolition of a church because of its dilapidation, the material of the church building can be used only for decent use, in accordance with the sacred object, for example, for the construction of another sacred building, for church heating, for baking prosphoras. St. the altar is usually burned. It is also customary for the church not to build other buildings on the site where the church stood, and to erect a cross on the site of the altar. Commanding Christians to observe reverence for churches, the canons require a respectful attitude to the area itself. surrounding the temple of God. They forbid, in accordance with the words of the Savior (John 2:15-16), to conduct any trade inside the sacred fences, or to arrange obscene rites. place of establishment, e.g., taverns (Trul. 76). Our church canons, however, do not forbid the sale of wax candles, prosphoras, and holy icons in the narthex, since these items serve the cause of piety and the profit from their sale goes to the benefit of the Church as a donation to it. According to our church laws, the spiritual authorities are obliged to monitor not only the cleanliness and order of the churches themselves, but also of everything on their territory, in particular: bell towers, church and cemetery fences, tombstones and places in the fences and outside them must be kept clean and tidy (Ust. Cons. 39:42). Our civil laws, for their part, require a respectful attitude towards the priests. places are strictly persecuted, any outrages in them are strictly persecuted, the neighborhood of indecent, seductive houses and establishments, for example, drinking and gambling, etc., and even the neighborhood of heterodox churches and prayer houses. Note. Drinking establishments should be located at a distance of not closer than 40 sazhens; baths and forges - no closer than 25 sazhens, and all other buildings - no closer than 10 sazhens. Church houses can be closer; but then they cannot be leased for secular dwellings or worldly needs (Stroit. Ust. 29; decision of the Senate of May 1, 1886 - see Ts. V. No 40). Jewish synagogues should be no closer than 100 sazhens. from the church along the same street with it, and not closer than 50 sazhens. according to another (Mn. Gosud. Sov. 1844, Jn. 26). c) The ancient right of asylum. In ancient times, Greco-Roman state laws gave Christian churches the right of refuge (jus asyli), according to which the guilty of a crime who came to the temple could not be taken from it by force. The bishops, taking the guilty under the protection of the Church, interceded for him before the secular government, asking for mercy for him from the death penalty or self-mutilation. Such a right prompted judges to consider the cases of the defendants more thoroughly, to decide them more fairly, and softened the cruelty of the previous laws. Theodosius the Great deprived the churches of the right of refuge for state criminals; Arkady abolished it altogether (and the first victim of the abolition of this law was its initiator, the nobleman Eutropius). Theodosius II again restored the right of asylum, and even extended it to the narthexes and church courtyards. Justinian I limited it, not allowing it to be used in certain serious crimes, and generally expressed the opinion that this right should be given not to those who cause offenses, but to those who endure them. (Novell. 17, p. 7). In the Russian Church, the right of asylum was replaced in antiquity by the fact that hierarchs could petition the sovereigns for mitigation of punishment for the unfortunate guilty and grieve for the disgraced.