Sources of Church Law in Old Orthodoxy. Part 1
Archpriest Vadim Korovin
This is a five-part exposition on the canons of the Church. Canon law is a topic that for most is an academic interest only, and a boring one at that. Occasionally a canon will be asserted, but usually only when it points out a fault of another. I hope that those who read this series will grow in their appreciation for the canons of the Church, their value, and necessity in the lives of individual Christians.
In the same way that laws are necessary for the good governance of a people, so too canons are required for the good order in the life of a Christian who wishes to follow those rules deemed important enough to codify into normative rules. -OB
Our Lord Jesus Christ established His Church, of which He is the Cornerstone and Head, and called all nations to the “wedding feast” within this Church.
The word “Church,” translated from Greek, means “assembly.” According to the definition of St. Arseny of Ural, the Church of God is “the voluntary acceptance and maintenance of God's grace by rational and free creatures [that is, God's angels and people], through which the rational and free creature, as far as is possible for it, is united with God, and through union with Him, all of it is gathered into one… Angels and men who voluntarily receive God's grace in the veneration of their Lord God make up the Church of God”.
The Church consists of its earthly part, the “pilgrim,” and the Heavenly. The earthly Church is often called “militant” because it resists the wiles of the devil on earth, while the Heavenly Church is called “triumphant” because it consists of the Angels and souls of holy people who have triumphed over the devil, led by Christ Himself.
An important property of the Church is its unity, and this unity is not only among people on earth but also a unity of faith between the earthly and Heavenly parts. If some part of the earthly church alters the faith, it thereby severs the unity of faith with the Heavenly Church and falls away from it and from the Head of the Church, as the Holy Apostle Jude says: “These be they who separate themselves, being sensual, having not the Spirit” (Jude 1:19). Thus, those who separate themselves from the unity of faith thereby lose the saving grace of the Holy Spirit.
The unity of Christ's Church as an essential property is, in itself, indestructible, but those who do not wish to preserve the unity of faith fall away from it.
The necessity of unity in faith for those abiding in the Church stems from the greatest commandment of God—the love of God. And the “second commandment, like unto it”—the love of neighbor, that is, for one's fellow man—dictates the need not only to maintain the true faith of Christ but also the Christian relationships among the members of the earthly Church.
Man is endowed by God with free will, that is, the ability to choose between good and evil (good being everything in accordance with God's will, and evil being everything that contradicts it). Likewise, the law of conscience is rooted in the soul, commanding the doing of good and the avoidance of evil.
The fallen nature of man in Adam inclines him to use his free will for evil, which distances man from God. Christ, however, calls us to true freedom—the freedom from sin, the freedom of true love for God and neighbor. Holy Baptism (as the death of the old man and the rebirth of the new in Christ) and Chrismation (as the seal of the gift of the Holy Spirit), according to the teaching of the Church, not only cleanse the Christian from past sins but also give strength to combat new sinful temptations.
However, due to their weakness and inattentiveness, even a baptized person falls into sin, either through their own will or through the temptation of the devil, such that the internal law of conscience alone is often insufficient to guard against sin. There is a need for external laws, which act as a kind of bridle to restrain us from the gravest transgressions that are destructive to the human soul. From ancient times, this function has been fulfilled by state and religious laws. In the Church of Christ, there are also such ordinances, called canonical rules.
Moreover, the earthly Church is a community consisting of people who differ in temperament, character, political, scientific, and other views, often with various interests and aspirations. To prevent this community from turning into chaos, common rules and church governance are necessary. Canonical rules are created to regulate these aspects of the earthly Church’s life.
Furthermore, some of the doctrinal dogmas of the Church, the canonical composition of the Holy Scriptures, the list of foundational canonical rules, the relationship between the earthly Church and the state, and many other aspects of the life of the "militant" and "pilgrim" Church on earth are established by church canons.
What is church law, and is it important to know the church rules?
Church law—from the word "right, correct"—is the collection of norms binding on all Christians, concerning the Orthodox confession of faith, proper conduct, the correct administration of sacraments, and so on. These norms are mostly set out in the church rules (canons).
A canon (in Slavonic "rule") is translated from Greek as an instrument used to correct (straighten) uneven surfaces of objects or items. This is how the holy fathers referred to the legislative ordinances of the Church, designed to direct and correct various aspects of the life and activity of each Christian, as well as the earthly Church as a whole. In other words, canonical law is the internal legislation of the earthly part of Christ’s Church, distinct from civil legislation.
In addition to "canonical matters," ancient canonists also include in church law "Gospel matters," that is, "those prescribed to us by the Gospel, such as baptizing in the name of the Father and the Son and the Holy Spirit, and that no one should dismiss his wife except for the reason of adultery, and others like these" (Zonaras and Valsamon, in their commentary on the 6th rule of the Seventh Ecumenical Council).
Moreover, regarding those matters for which there is no written law (rules), long-standing pious custom holds the force of law (87th rule of St. Basil the Great and the commentaries of John Zonaras and Theodore Valsamon; Matthew Vlastares' "Alphabetical Syntagma," Section E, Chapter 2).
Although church law encompasses not only canons but also divine commandments and pious customs preserved in the Church, it is often also referred to as "canonical law" (likely because church canons constitute the majority of it).
During the formation of church law norms in the Roman Empire, there was a well-developed civil legal system, some principles of which influenced the canonical norms of the Church, especially after Christianity was declared the state religion. Thus, for a certain period of history, church law became an integral part of Roman legislation; just as civil laws influenced it, so too did the canonical law of the Church affect the norms of civil legislation.
At present, the earthly Church is separated from the state, with each of its geographical parts subject to the civil laws of the country in which it operates, yet it retains church law as its internal regulation. Civil legislation increasingly moves away from the principles of Roman law, so one could say that church law is the last functioning remnant of classical Roman law. According to St. John Chrysostom, when "Roman authority falls," chaos will reign among people, and the final Antichrist will come to rule the world. We may understand "Roman authority" as Roman law. If this is the case, then by preserving and observing canonical rules, Christians resist this coming chaos and the arrival of the "man of lawlessness, the son of perdition" (2 Thess. 2:3). Conversely, Christians who disregard church rules, considering them unnecessary or outdated, and who teach and encourage others not to follow them, may commit a grievous sin (Matt. 5:19), and through their blind recklessness, might they not be calling down upon the world the apocalyptic disasters and the coming of the "beast"?
Church rules safeguard every Christian—from the simplest layperson to the highest of bishops—from the destruction of the soul. They protect the earthly Church from discord and temptations, from chaos and the disasters that come with it.
As prominent ancient canonists wrote, church rules are inspired by the divine Spirit (see the 1st rule of the Seventh Ecumenical Council). They are one of the manifestations of the divine Love of the Creator for His creation.
Just as traffic laws are created not for fines and punishments, but to prevent the physical death of people, so too are church canons given to us for our guidance and to direct us on the right path, avoiding eternal spiritual destruction.
And just as only those who have studied traffic laws are allowed to take the wheel of a passenger bus, to avoid the death of both the driver and the passengers through the neglect of these rules, so too should church shepherds be people with sufficient knowledge of the canonical rules, lest they perish themselves and lead their flock to ruin.
Therefore, the divinely inspired trumpets of the Holy Spirit—the holy fathers of the Seventh Ecumenical Council—proclaimed at the very beginning of their decrees: "For those who have received the priestly dignity, the written rules and ordinances serve as witnesses and guides, which, receiving willingly, we sing with God-inspired David, saying to the Lord God: "I have had as great delight in the way of thy testimonies, as in all manner of riches" (Psalm 118:14). And again: "The righteousness of thy testimonies is everlasting: O grant me understanding, and I shall live" (Psalm 118:144). And if the prophetic voice commands us to keep God’s testimonies forever and live in them, it is evident that these remain unbreakable and immovable. For the God-seer Moses also says: 'Ye shall put nothing thereto, nor take ought therefrom' (Deut. 12:32). And the divine apostle Peter, praising them, cries out: "Which things the angels desire to look into" (1 Peter 1:12). Likewise, Paul proclaims: "Though we, or an angel from heaven, preach any other gospel unto you, than that ye have received, let him be accursed" (Gal. 1:8). Since this is true and testified to us, rejoicing over this as someone would over a great gain, we receive the divine rules with delight and hold fast to the entire and unshakable observance of these rules, established by the glorious apostles, the holy trumpets of the Spirit, by the holy Ecumenical Councils, and by those locally convened to issue such commandments, and by our holy fathers. For all of them, being enlightened by one and the same Spirit, enacted what is beneficial. Those whom they consign to anathema, we also anathematize; those they depose, we also depose; those they excommunicate, we also excommunicate; and those they subject to penance, we likewise subject to penance. For the divine apostle Paul, who ascended to the third heaven and heard unspeakable words, clearly proclaims: "Let your conversation be without covetousness; and be content with such things as ye have" (Heb. 13:5)."
What are the sources of church law?
Church law, as follows from the above, has one primary source in its most general understanding, namely the divine will, expressed through the grace of the Holy Spirit in the Holy Scripture and the Sacred Tradition of the Church.
Human co-creativity, expressed through pious customs, holds secondary, subordinate significance and is accepted as valid only insofar as it conforms to (and does not contradict) the divine will as revealed through the decrees of the God-inspired Holy Councils or the saints guided by the Spirit of God. Frequently, long-standing pious customs directly became written norms of church law, becoming part either of the holy conciliar decrees or the rules of the holy fathers.
If, however, a long-standing custom contradicts their decrees, then it is nothing more than an "old error" (Cyprian, holy hieromartyr, bishop of Carthage. Works. Vol. 1. Kiev, 1891, p. 357).
The same can be said of the decrees of civil authorities. They may be received by the Church and even included in collections of canonical law, but only if they do not contradict Holy Scripture and Tradition, including the canons of the Church.[4]
Man is endowed by God with the gift of creativity. This gift can benefit the Church of God, even if its bearer is not a saint or does not even belong to the Church (for example, if they are a heretic). Some church customs were either adopted from heretics and turned to the benefit of Christians (processions were invented by the Arians, but St. John Chrysostom legalized them in the Orthodox Church), or were established by heretical patriarchs but were not rejected by the Church (for example, the custom of blessing kutya on Theodore Saturday was introduced by the Arian patriarch Eudoxius but was not rejected by the Orthodox), or were instituted by bishops who were not saints in their lives, but were recognized as correct and beneficial (for example, Archbishop Theophilus of Alexandria was unstable in faith, resentful, and vindictive; under his orders, mass murders of desert monks were carried out, and he also fought to depose St. John Chrysostom; although Theophilus' entourage called him a saint, the Church does not recognize him as such; nevertheless, despite all this, the rules he composed were accepted by the Church at the Sixth Ecumenical Council, as they were found to be just and beneficial in content).
The sources of church law can be divided into written (Holy Scripture, church rules, and some civil laws approved by the Church) and unwritten (pious customs).
They are also divided into those of purely ecclesiastical origin and those adopted from state acts.
With God's help, we will further examine the primary (currently accessible) written sources of church law that exist in Old Orthodoxy.
Written Sources of Church Law
The primary written sources of Old Orthodox Church law include the Holy Scripture (primarily the New Testament, but also those parts of the Old Testament that have retained their relevance in Christianity) and numerous canonical decrees adopted by the Holy Apostles, the Holy Fathers, the Ecumenical and Local Councils, the Councils of the Russian Church before the Schism of the 17th century, and the Old Orthodox conciliar decrees after this Schism. It is important to note that ancient rules often contain expressions that are difficult for modern readers to understand, unfamiliar concepts, and references to little-known events from ancient history. For a proper understanding of the rules, it is essential to use their interpretations (commentaries) written by universally recognized ancient Orthodox canonists: Monk John Zonaras, Deacon Alexios Aristin, Theodore Valsamon (Patriarch of Antioch), Priest-Monk Matthew Vlastar (the Compiler), St. Nikon, Abbot of the Black Mountain Monastery, and the Thessalonian canonist and judge Constantine Harmenopoulos, among others. The importance of knowing the works of these commentators is highlighted in the Nomocanon (a collection of rules) included in the Great Euchologion:
"Those who wish to understand the canons more perfectly should acquire the books of all the rules, that is, the book of the venerable John Zonaras, who interpreted the canons of the Ecumenical, Local, and Holy Fathers; and the book of the most blessed Theodore Valsamon, Patriarch of Antioch, who interpreted all the canons more perfectly; also, the Nomocanon of the Orthodox and blessed Photios, Patriarch of Constantinople; likewise, the book of the venerable hieromonk Matthew, who wisely collected and composed the rules in order. This book is very necessary <...>; also, the book of rules composed by Archdeacon Alexios; and the book of Constantine Harmenopoulos, nomophylax and judge of Thessalonica; and also the letters of the blessed Nikon. Let everyone understand that it is not easy, not only for priests but also for bishops, to dare and do anything against the canons: on this matter, read the judgment of St. Ignatius and St. Theodore the Studite; and let no bishop, priest, or spiritual father be appointed unless they possess these books and are found to have been enlightened by them [see, priest!]" (see the Preface to the Nomocanon in the Great Euchologion).
In other words, the Nomocanon commands that those who do not possess or study the works of these commentators and systematizers of church rules should not be ordained into the sacred ranks.
In our further discussion, we will not delve into the individual apostolic and other rules, the history of their origin, or the scholarly debates regarding authorship, etc. — this is a theoretically interesting and important subject that we leave for the independent study of the curious reader. What seems much more significant for spiritual benefit is a different task: to describe the most important and currently accessible books that contain these rules and their interpretations.
Leaving aside the study of the Holy Scriptures (which should also be studied only with the interpretations of the Holy Fathers, lest there be "as many understandings as there are heads," as the venerable Vincent of Lerins aptly put it[5]), we will focus only on those written sources that specifically contain the Church’s canons and their interpretations.
So, let us begin to examine the most authoritative and accessible books that serve as sources of canonical law in Old Orthodoxy.