The Synodal Structure of the Orthodox Church
Lewis J. Patsavos
Theological Basis
Basic to the ecclesiology of the Orthodox Church is the concept of conciliarity. The Church is, in fact, at her core always synod, the literal meaning of the word "Ekklesia." The concept of conciliarity, i.e., the conciliar or synodal approach to managing the Church's affairs, is not confined solely to convening various types of synods, but also includes every expression of ecclesiastical life. Through conciliatary, the nature of the Church as theanthropic communion in Christ is expressed. This is why any ecclesiastical practice which is not a result of conciliarity is a deviation from Orthodox ecclesiology.
Besides the convening of synods, the synodal expression of ecclesiastical life is to be found in every act of communion among all members of the Church's body. It is expressed first and foremost by the heads of the autocephalous churches, who thereby witness to the communion among them. It is also manifested in every act of communion between a metropolitan and the other bishops in his province, between a bishop and his presbytery, between a presbyter and the laity who comprise his parish, and finally among the members of the laity themselves. At all levels the Church functions as synod, i.e., as a community of persons freely gathered in Christ and by him, so that each may offer his gift for the building up of the Body in love.
Conciliarity, as a way of life of the Church, seeks to fashion ecclesiastical life in such a way as to express faithfully her essence and ethos. The Church's synodal way of life, which reaches its highest expression in the episcopal synods, gives witness to the synergy of God and human beings for the realization of salvation and the endurance of truth. Synods experience the mystery of synergy intensely and establish their work upon this mystery. The experience of those who participate in synods is that they cooperate with God in the formulation and safekeeping of the Church's truth. If the Spirit does not blow, human effort and industry alone cannot advance the mystery of divine truth, as reflected in canon 66 of Carthage: "When all things had been considered and treated of which seem to conduce to the advantage of the church, the Spirit of God suggesting and admonishing us, we determined to act leniently and pacifically with the before-mentioned men. . . ."[2]
* A paper, with some variations, originally delivered in October 1986, at the 33rd meeting of the Orthodox-Roman Catholic Bilateral Consultation in Brighton, Massachusetts.
Historical Development
The Church throughout history has made use of a variety of synodal structures, depending upon the historical circumstances experienced at the time. These synodal structures took the form of regional, general, provincial and ecumenical synods, as well as synods comprising the hierarchy of a patriarchate or autocephalous Church. Furthermore, there have also been synods with a limited number of members from several patriarchates and autocephalous Churches. This latter type of synod was known as an "endemousa," or permanent, synod.[3] It is true that at times the synodal structure of the Church has been expressed with exactness, as with the provincial synods, and at times with leniency, as with the permanent ("endemousa") synods. Yet, the conviction, particularly in the East, that the Church's synodal structure is a constitutive principle, which is of divine origin, essential and irreplaceable, has been unwavering.[4]
From the early centuries of the Church's existence, the need for the synod was evident in the election and consecration of bishops. The sacrament of holy orders, then, is basically its ecclesiological and dogmatic foundation. Consequently, the synod is essentially the institution which gives expression to the fullness of each local Church. The consecration of a bishop is the event that gives testimony to the fact that the person elected and consecrated is appointed by God. Furthermore, it is through this election and consecration that his Church is one with all Churches which constitute the body of Christ.[5]
In the early Church, the synod was by its very nature a gathering of bishops which met more or less regularly. It was not a permanent institution. As an institution which met regularly or extraordinarily as conditions might warrant, the essential condition of its function was the orthodoxy of each bishop and his Church. It was the bishop's status as spiritual head of his Church which entitled him to take part in the synod. The synod thus became the expression of unity and unanimity in the Church.[6]
Beginning with the fourth century, although not everywhere at the same time, there appears the permanent or "endemousa" synod. Its characteristic feature consisted in the fact that it could easily be convened by the Patriarch of Constantinople, who summoned the bishops staying in the capital at the time ("endemountes") whenever the seriousness of the issue demanded. The "endemousa" synod presided over by the patriarch was permanent in the sense that the Church considered herself in a state of permanent synodal consultation whenever acting in unanimity for the common good.[7]
The "endemousa" synod grew steadily in importance and eventually became a permanent institution in the Orthodox Church. Its preoccupation with doctrinal issues, legislative affairs and disciplinary matters far exceeded the traditional but limited role of the provincial synod. Furthermore, it did not require the elaborate preparations of an ecumenical synod. It has thus remained the most representative and enduring synodal structure within Eastern Orthodoxy. Its status and competence in each of the local Churches are clearly determined by statutes as well as by traditional practice.[8]
It should be noted that the statutes of the various local Churches here under investigation are only of very recent date. They are, for the most part, the result of the attempt by these Churches to cast the living practice of the Church into clearly defined procedures. This was necessary in view of the relations existing between church and state at the time of their adoption. It is evident that diversity of practice exists wherever local variations prevailed, or where the will of the state has been imposed. Nevertheless, this has not hampered communication among the local Churches. This is evidenced by their representation at synods convened from time to time to deal with the problems besetting the Church as a whole.
Additionally, during times of crisis and uncertainty, it was the Church of Constantinople which provided a coordinating role and even resolved conflicts upon appeal. This is not to overlook the fact that occasionally, as in the election of the primates of other sees, instances of arbitrary intervention are not lacking. However, they are outweighed by the many examples of genuine solicitude for the stability and progress of all the local Churches. This role of the Patriarchate of Constantinople to hear appeals and to intervene in times of crisis can be cited again and again since the time of the Second, and especially the Fourth, Ecumenical Councils.[9]
Following, then, is a description of the governing synods within several of the autocephalous Churches and patriarchates today, with special reference to the role of the presiding hierarch (primate).[10]
Ecumenical Patriarchate
As a patriarchate, the Church of Constantinople dates back to the Second Ecumenical Council. It was the 3rd canon of this council which accorded her first place among all other patriarchates of the East. This honorary precedence of the see of Constantinople among the Orthodox Churches continues to the present day, despite the vicissitudes of time.[11] This explains why she is listed first among the local Churches to be investigated in the present study.
The Church of Constantinople situated in Turkey has been administered since 1923 without a formal written regulation. Her statutory charter previously consisted of the so-called general or national regulations of the Ecumenical Patriarchate, ratified in 1862 by the Turkish government and thereby given the force of law. With the Treaty of Lausanne (1923), which guaranteed protection of the rights of Christian minorities in Turkey, came also the restriction of privileges recognized earlier to the patriarchate. This new situation had as a result the abolition of the general regulations. The basis upon which the patriarchate is administered today includes the holy canons, ecclesiastical decrees, ecclesiastical custom, and several privileges retained to this day from the general regulations, applied in such a way as to address effectively the situation at hand.[12]
According to current practice, the patriarch is elected by the "endemousa" synod, which is made up of the active metropolitans residing in Constantinople. Also taken into account in the election process is the corresponding opinion ("sympsefon") of the hierarchy attached to the see of Constantinople and living abroad. As Archbishop of Constantinople, the patriarch has direct pastoral jurisdiction over the Archdiocese of Constantinople, which includes the communities of Istanbul, Galata and Katastenon. He is assisted by several auxiliary bishops, and also by metropolitans, who may or may not be members of Holy Synod. Both the former and the latter may serve in the capacity of archieratical pastor or overseer of a parish or district.[13]
The permanent Holy Synod consists of twelve members and is presided over by the patriarch. Members include active metropolitans whose sees belong to the patriarchate and are situated in Turkey. The term of service on the Holy Synod is one year, half the membership being replaced every six months. With the exception of several metropolitanates so designated, their official listing does not constitute the basis for the composition of the Holy Synod. Rather, it is for the most part the seniority of episcopal ordination which determines this.[14] With the abolition of the mixed council in 1923, direct lay participation in the administration of the patriarchate is lacking.[15]
Patriarchate of Alexandria
The Patriarchate of Alexandria occupies the second place among the venerable Orthodox patriarchates in accordance with the same canon 3 of the Second Ecumenical Council. Since the end of the last century, this patriarchate has been administered by a series of regulations, periodically revised in response to the need at the time. The outstanding feature of the original regulation, which is inherent in all subsequent regulations, is the establishment of a synodal system of administration. This replaced the supreme administrative authority formerly exercised by the patriarch in monarchical fashion. This was at a time when the number of faithful was so small as to deprive most of the metropolitans of their flocks. An equally outstanding feature of the original regulation, similarly prominent hitherto, is the election of the patriarch by both clergy and laity.[16]
The patriarchal synod consists of all the metropolitans of the see of Alexandria and is presided over by the patriarch. This composition constitutes a complete synod, which is in contrast to the gathering of metropolitans when the patriarchal see is vacant. The latter body is limited exclusively to conducting the election of a new patriarch, as well as to expediting matters of extreme urgency.[17]
The Holy Synod is made up of at least seven metropolitans. In the event that number cannot be reached for the election of a new patriarch, the missing number is filled by hierarchs from the Churches of Constantinople, Antioch, Jerusalem, Cyprus and Greece. There should be no more than one hierarch from any one of these Churches.[18]
The relations of patriarch and metropolitans within the synod are governed by the spirit of canon 34 of the Holy Apostles.[19] Accordingly, the bishops of an autocephalous Church should acknowledge the first among them and consider him the head. Neither ought they without the patriarch, nor he without the opinion of all, do anything pertaining to the common affairs of the Church. The jurisdiction of a complete (i.e., patriarchal) synod, in conformity with the canons,[20] covers matters of an administrative, canonical and judiciary nature.
The synod is usually convened twice yearly, in the spring and fall. It is necessarily convened at least once yearly. It may also meet in extraordinary session whenever the patriarch deems necessary.[21]
The patriarch has the right to suspend publication of any synodical decree whose formulation in his judgment is incomplete. He must, however, justify his action at the next meeting of the synod. If the synod insists upon its publication, it then becomes obligatory for the patriarch to conform to the decision of the synod.[22]
Patriarchate of Antioch
The Patriarchate of Antioch, third in rank among the venerable Orthodox patriarchates, has upheld for centuries the traditional synodal system of administration by convening regular and extraordinary synods of her hierarchs. Nevertheless, in the first half of the 17th century the synod of bishops nearly became perfunctory. At that time the patriarch administered the Church almost monarchically, selecting bishops and even predetermining his successor.[23] The basic regulation which eventually evolved foresaw the election of the patriarch by an assembly of clergy and laity, as well as the composition of a Holy Synod and a mixed council made up of members of the synod and laypersons.[24]
The Holy Synod consists of the patriarch as president and of the active metropolitans of the patriarchal throne as members. It meets yearly or extraordinarily whenever the patriarch deems necessary or whenever requested by at least five metropolitans. The Holy Synod does not constitute a quorum unless there is an absolute majority of its members. Only members present have the right to vote and decisions are reached by a majority of those present. Bishops may be present at sessions of the Holy Synod only to make informational reports. They do not have the right to vote. In the event of a tie, the vote of the patriarch prevails.[25]
The patriarch is obliged to publish any law, regulation, or decision ratified by the Holy Synod within a month of its last meeting. In the event he does not, this obligation is undertaken by the metropolitan first in rank according to seniority. The patriarch has the right to request the revision of any decision of the Holy Synod. However, the revision is defeated if an absolute majority vote favors retaining the original decision.[26]
In the absence of a convocation during the appointed time, the Holy Synod convenes on its own authority. In the event the patriarch does not preside, this responsibility is undertaken by the member of the Synod who is first in rank according to seniority. The competencies of the Holy Synod include election of the patriarch, metropolitans and bishops, vigilance regarding preservation of the purity of the faith, and appropriate measures against violations of ecclesiastical order.[27]
In addition to the Holy Synod there is the general community council.[28] It is composed of the entire Holy Synod and of lay representatives from each of the metropolitanates. It is a permanent body presided over by the patriarch, which meets regularly twice a year. It is competent for legislation dealing with financial, administrative, social, judiciary, intellectual and educational matters of the patriarchate.[29] In the election of the patriarch, it is responsible for selecting three candidates, of which the Holy Synod elects one as patriarch.
Patriarchate of Jerusalem
The Church of Jerusalem was elevated to a patriarchate by the Fourth Ecumenical Council[30] (451), and ranks fourth among the ancient patriarchates.[31] This venerable institution follows a monastic system of organization; the Greek Orthodox Patriarch of Jerusalem functions as abbot of the Brotherhood of the Holy Sepulcher. It is, therefore, understandable that the preservation and protection of the holy shrines have traditionally constituted one of this patriarchate's chief concerns.
As a result of its concentrated efforts on behalf of the holy shrines, the patriarchate did not concern itself with the drafting of a regulation until quite late. It was not until the second half of the 17th century that the first attempt to provide a regulation was realized. In the meantime, the patriarchate functioned as a monastic brotherhood under the patriarch-abbot and the semblance of a synod. The bases of its organization were the holy canons and a variety of traditional decrees related to its monastic character and to the needs of the holy shrines.[32]
Under its current statutory charter, the patriarchate has both a synod and mixed council. The Holy Synod is composed of the patriarch who presides, metropolitans, provincial bishops, as well as titular bishops and archimandrites appointed by the patriarch. The membership of the Holy Synod, including the patriarch, must not exceed eighteen. The patriarch in synod may replace any member of the Holy Synod, if in his judgment this would benefit the patriarchate. Furthermore, the patriarch, or in his absence any member of the Holy Synod appointed by him, presides over all meetings of the Synod. All actions of the patriarch in synod and all matters brought before him are decided by a majority vote of the Synod. A tie vote is broken by the vote of the patriarch.[33]
The mixed council, also presided over by the patriarch, allows for lay input in the decision-making process of the patriarchate. It is made up of both lay and clergy representatives. A layperson serves as vice-president. In the absence of the patriarch, a clergy member of the council appointed by him serves as president.[34] Local community councils appointed by the mixed council participate in the election of the patriarch through duly elected married priests, not to exceed twelve. Together with the Holy Synod and the remaining bishops of the patriarchate, they constitute the council convened to nominate candidates for the patriarchal throne of Jerusalem. Following the approval of the list of candidates by the prime minister, a general council is made up of the Holy Synod, the archimandrites and "protosyngelloi"[35] who live in the monasteries of Jerusalem, as well as the married priests who represent the local community councils. Of the three candidates elected by the general council, the members of the Holy Synod elect the patriarch. In the event of a vacant see, the patriarch in synod appoints a metropolitan or provincial bishop to fill the vacancy.[36]
Patriarchate of Russia
Fifth in rank among the autocephalous Churches is the Church of Russia, having herself been elevated to the status of patriarchate in 1589. With the ascension to the throne of Peter the Great as czar came the abolition of the patriarchate and its replacement by the so called "governing synod" (1721), exercising highest administrative authority. In reality, this arrangement proved detrimental to the Church, which became subservient to the state. This state of affairs lasted until October of 1917, when the patriarchate was restored, although at a time when the state was hostile to the Church. Attempts were made in the meantime to secure the Church's right to exist within the framework of an acceptable statutory charter. The present administrative structure is the result. Although aspects of the current statutes are less favorable to the Church's welfare than earlier stages of their development, they nevertheless serve as the basis upon which the Patriarchate of Russia is administered today.[37]
The highest authority in legislative, administrative and judiciary matters affecting the patriarchate is exercised by a local synod, convened periodically, and made up of bishops, other clergy and the laity. Based upon canon 34 of the Holy Apostles, the patriarch as primate administers the Church together with the Holy Synod. When the need exists to resolve important ecclesiastical matters, he may with the approval of the government convene a synod of the hierarchy over which he presides. In the event it is considered necessary to know the mind of the other clergy and the laity, he may, if possible, convene a local synod over which he also presides.[38]
The Holy Synod is made up of the patriarch, who presides, and six member hierarchs who administer dioceses. Of the members of the Holy Synod, three are permanent and three are temporary. When the patriarchal throne becomes vacant, the Holy Synod under the presidency of a "locum tenens" calls for a synod to elect a new patriarch. The synod which elects the new patriarch is presided over by the "locum tenens." Each diocese is headed by a hierarch appointed upon the decision of the patriarch and bearing the title of the city, which is the see of his province.[39]
Patriarchate of Serbia
As with the other Slavic Churches, the Orthodox Church of Serbia was Christianized by the Patriarchate of Constantinople. It first emerged as a unified and uniformly administered Church in the early 13th century. From the time of the Ottoman conquest up until the 20th century, however, it experienced periods of administrative disjunction due, among other things, to its territorial losses. With the eventual reunification of the metropolitanates comprising the Serbian Church came the desire for the restoration of a unified ecclesiastical administrative center. In 1920, the holy synod of the hierarchy moved to reestablish the patriarchate, a move subsequently recognized by the Ecumenical Patriarchate. The state, nevertheless, in the person of the king reserved to itself the right to ratify the election of both bishops and patriarch. Relations with the state changed drastically following the Communist takeover of the government in 1945. The present statutory charter by which the Patriarchate of Serbia is administered today reflects these changes.[40]
Within the Patriarchate of Serbia ecclesiastical authority is exercised, among others, by the patriarch, Holy Synod of the hierarchy, permanent Holy Synod, high ecclesiastical court, patriarchal assembly and patriarchal administrative council. The patriarch is elected from among those provincial bishops of the Serbian Church who have administered their dioceses for at least 5 years. The election takes place by an electoral body from among 3 candidates. The latter are proposed in synodal session at which a minimum of two-thirds of the provincial bishops must be present. The meeting is presided over by the senior member of the synod. Besides the entire body of the hierarchy, the electoral body is expanded to include the dean of the Orthodox School of Theology in Belgrade, directors of ecclesiastical seminaries, a number of clerics holding ecclesiastical administrative posts, several abbots of specifically named monasteries, and the entire membership of the patriarchal administrative council. Included in the electoral body for the election of the patriarch are also laypersons.[41]
The Holy Synod of the hierarchy is made up of all the provincial bishops and is presided over by the patriarch. It constitutes the higher ecclesiastical legislative authority in matters of faith, worship, discipline and internal organization, as well as the highest judiciary authority within the sphere of its competencies. The permanent Holy Synod is made up of the patriarch, who presides, and four provincial bishops. Its members are elected by the holy synod of the hierarchy for two years, two each year. Its meetings are conducted with limited representation (only two members in attendance, besides the patriarch, who presides) and with broader representation (all members in attendance). The permanent Holy Synod is the highest executive (administrative and supervisory) authority, as well as the highest judiciary authority within the sphere of its competencies. Upon its decision, the holy synod of the hierarchy meets both in regular and extraordinary session.[42]
Except for the election of a bishop, the holy synod of the hierarchy makes valid decisions providing more than half its members are present. Both the Holy Synod of the hierarchy and the permanent Holy Synod reach their decisions unanimously or by majority vote. A tie is broken by the vote of the patriarch. Whenever temporarily hindered from fulfilling his responsibilities as chairman of either synod, the patriarch authorizes the senior member of the synod to replace him. In the event of a lengthy incapacity or of a vacant patriarchal see, the duties of the patriarch are assumed by the permanent Holy Synod, the patriarch's role in both the permanent synod and the synod of the hierarchy being fulfilled by the senior member of the former. In such instances, it is usually not permitted for ecclesiastical laws, regulations or decisions to be issued. If, on the contrary, such legislation is deemed necessary, it must subsequently be brought to the attention of the new patriarch for information and approval. Lacking approval by the patriarch, the matter comes before the holy synod of the hierarchy for discussion and ultimate decision. Both synods may during their meetings invite other clerics or laypersons for their specialized opinions.[43]
Patriarchate of Rumania
The Orthodox Church of Rumania developed from the onetime metropolitanates of Hungrovlachia and Moldavia established in the 14th century. It, too, was originally under the authority of the Patriarchate of Constantinople, from which it eventually was granted its autocephalous status in 1885. During the centuries from its origins to its full maturity as an autocephalous Church, it experienced both privileges and the arbitrary intervention into its affairs by the state. Both trends are reflected in the legislation which evolved prior to 1925, when the Church of Rumania was elevated to patriarchate. Nevertheless, the frequent changes and improvements in this legislation are indications of the concern for the Church's general well-being. The same concern prompted further legislative activity on the part of both state and Church following the First World War.
Following the Second World War, and in view of the new established order in Rumania, it was necessary for the Church under the leadership of Patriarch Justinian to make broad revisions in its statutory charter. It is this revised charter which constitutes the basis for the administration of the Patriarchate of Rumania today.[44]
The central organization of the Church of Rumania is provided by the Holy Synod, the national ecclesiastical assembly, the national ecclesiastical council and the patriarchal administration. The Holy Synod exercises highest authority in all spiritual and canonical matters, as well as in those ecclesiastical matters within its competence. It is composed of the patriarch, who presides, and of all active metropolitans, bishops and vicar (auxiliary) bishops of the patriarchate. Allowance is made for the presidency to be assumed by one of the metropolitans, according to protocol, in the absence of the patriarch. Meetings are held regularly once each year and exceptionally whenever the need arises. Both the convocation and agenda are announced by the presiding hierarch fourteen days in advance with the notification also of the ministry of religious affairs. Both the beginning and termination of its sessions are decided by the ministry of religious affairs. A quorum is reached when at least 12 of its members are present. A majority vote of those present assures the validity of its decisions. The minister of religious affairs may be present and take part in the discussions. Finally, the Holy Synod may invite representatives of the clergy, the monasteries and the theological institutions to its meetings.[45]
The permanent synod convenes in the interim between meetings of the Holy Synod. The statutory charter foresees instances for which the permanent synod is incompetent, as well as those for which decisions reached are subject to the subsequent approval of the Holy Synod. It is composed of the patriarch, who presides, and all active metropolitans. In the absence of the patriarch, one of the metropolitans presides according to protocol. It meets upon the invitation of its presiding hierarch as often as the need arises. A majority vote of its members assures the validity of its decisions. It, too, may invite to its meetings representatives of the clergy, the monasteries and the theological institutions.[46]
The national ecclesiastical assembly, made up of one clergy and two lay representatives from each province, as well as the members of the Holy Synod, is the central representative body of the Orthodox Church of Rumania for financial and administrative matters. It is also responsible for all other matters for which the Holy Synod is not competent. The national ecclesiastical council is the highest administrative body for matters of the entire Church, while at the same time it is the executive body of the Holy Synod and of the national ecclesiastical assembly. It is made up of nine members, three clerics and six laypersons, elected by the national ecclesiastical assembly.[47]
The Patriarch is at the same time Archbishop of Bucharest, Metropolitan of Hungrovlachia and Primate of the hierarchy of the Church of Rumania. He is assisted in the exercise of the duties of his office by two vicar bishops, six administrative advisors, the chief secretariat of the patriarchate and the board of review and supervision.
Bishops and metropolitans are elected from among the hierarchy in general or from among those priests who meet the qualifications established by the charter. The patriarch is elected from among the active bishops, archbishops and metropolitans. All are elected in secret ballot by an electoral assembly made up of the members of the national ecclesiastical assembly and of the provincial assembly of the vacant province. Other members participating in the electoral assembly are as follows: the president of the ministerial council and the minister of religious affairs or their representatives, a plenipotentiary representative of the national ecclesiastical assembly and the rectors of the theological institutions of university status. The electoral assembly is summoned within three months at the latest to fill any vacant see. A quorum of the electoral assembly exists when a majority of its members is present and its decisions are valid when reached by an absolute majority. It is presided over by the metropolitan in the election of bishops and archbishops of those provinces with the right to vote, by the patriarch in the election of metropolitans, and by the patriarchal "locum tenens" in the election of the patriarch. Electors write the name of the person of their choice for the office to be filled on ballots. An absolute majority determines the outcome of the election. In the absence of an absolute vote, a run-off election between the two persons with the most votes determines the outcome. In the event of a tie vote, the outcome is determined by lots. The canonical investigation of those elected is undertaken by the Holy Synod. Ratification of the election is by decree of the presidency of the national ecclesiastical assembly issued at the request of the government per recommendation of the ministry of religious affairs. The letters of installation of bishops are issued by the metropolitan, of metropolitans by the patriarch, and of the patriarch by the Holy Synod. In the event an election is not ratified either by the Holy Synod or by the presidency of the national ecclesiastical assembly, a new election is mandated within a time limit determined by the Holy Synod.[48]
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