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Prerogatives of the Ecumenical Patriarchate

31 bytes added, 03:57, March 31, 2007
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Universal right of appeal
Canon 9 (Canon 17 has similar wording) of [[Fourth Ecumenical Council|Chalcedon]] reads: :If any Clergyman has a dispute with another, let him not leave his own Bishop and resort to secular courts, but let him first submit his case to his own Bishop, or let it be tried by referees chosen by both parties and approved by the Bishop. Let anyone who acts contrary hereto be liable to Canonical penalties. If, on the other hand, a Clergyman has a dispute with his own Bishop, or with some other Bishop, let it be tried by the Synod of the province. But if any Bishop or Clergyman has a dispute with the Metropolitan of the same province, let him apply either to the Exarch of the diocese or to the throne of the imperial capital Constantinople, and let it be tried before him.<ref>(D. Cummings, trans., ''The Rudder of the Orthodox Catholic Church: The Compilation of the Holy Canons Saints Nicodemus and Agapius'' (West Brookfield, MA: The Orthodox Christian Educational Society, 1983), p. 253).</ref>
St. [[Nicodemus of the Holy Mountain|Nicodemos of the Holy Mountain]] comments on the meaning of this canon:
:So it is evident that the Canon means that if any bishop or clergyman has a dispute or difference with the Metropolitan of an exarchy, let him apply to the Exarch of the diocese; which is the same thing as saying that clergymen and metropolitans subject to the throne of Constantinople must have their case tried either before the Exarch of the diocese in which they are situated, or before the Bishop of Constantinople, as before a Patriarch of their own. It did not say that if any clergyman has a dispute or difference with the Metropolitan of any diocese or parish whatever, they must be tried before the Bishop of Constantinople... That is why Zonaras too says that the Bishop of Constantinople is not necessarily entitled to sit as judge over all Metropolitans, but (only) over those who are judicially subject to him (interpretation of c. XVII of the present 4th C.). And in his interpretation of c. V of Sardica the same authority says: "The Bishop of Constantinople must hear the appeals only of those who are subject to the Bishop of Constantinople, precisely as the Bishop of Rome must hear the appeals only of those who are subject to the Bishop of Rome."<ref>(D. Cummings, trans., ''The Rudder of the Orthodox Catholic Church: The Compilation of the Holy Canons Saints Nicodemus and Agapius'' (West Brookfield, MA: The Orthodox Christian Educational Society, 1983), p. 255).</ref>
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