The Interpretation Of Holy Canons Within The Canonical Tradition Of The Orthodox Church
M. Rev. Prof. Mar Melchizedek, DD, ThD, PhD
St. Elias School of Orthodox Theology
Introduction
The PEDALION ("Rudder") is a collection of Orthodox Canons as promulgated mainly at but not limited to the Seven Oecumenical Councils. It can claim its authenticity directly from the authority of the Christian Church as instituted by Christ (Matthew 18), though per se not doctrinal in nature. It would be too simplistic to merely point out the inconsistencies in the adherence of the various Church Canons by all branches of the Church at one time or another without regard to the purpose, history and development of Church law.
Authority and Historical Background
Rules exist to safeguard church life from arbitrary intervention of superior interests. However, it is not the purpose of the Holy Canons to subject the faithful to blind subservience and legalistic observance, but to guarantee their spiritual freedom. Church Canons differ essentially from secular law in the premise that the original source of Canon law has its authority in the will of God concerning the church here on earth. Consequently, church law is in direct relation to the purpose of salvation; its time extending beyond this life into the next; its scope, including conscience; and its place, i.e. the universal Church.
When Christ entrusted the work of salvation to humans with a frail nature, he also provided his church with the necessary means of survival. This necessarily includes the organization thereof, as well as oversight of adherence to orthodoxia and orthopraxia of her members, which includes the safeguarding against factions. This 'set of rules' may be referred to as kanones or in English "Canons" by which to live. Thus, the Church as a faith community came into being as a 'juridical organization' or as we commonly call it a 'jurisdiction', however without being reduced to a mere legal institution.
Christ instituted some rudimentary elements of such jurisdiction. Though He preached the salvific Gospel to the people of his time, he did not leave the task of spreading this Gospel to their arbitrary will or interpretation. He assigned such task to a group of chosen leaders of divine calling and thus guidance, the holy Apostles. He endowed them with the necessary authority in order to make the decisions so that the continuation of the work He had already begun may be assured for future generations. For instance, the early decisions of the Matthias' election (to replace Judas) and the setting of the conditions for entry into the Church constitute the beginnings of Church law (cf. Acts of the Apostles).
As the Christian community spread throughout the entire Roman Empire and beyond, the initial organization of the Church soon had to be extended. Church hierarchy was developed. It thus became necessary to define the status of the believer within the Christian community and society at large - modeled after the teachings of Christ - as new conditions of life came into existence.
Though early church organization was only faint, all the elements of a true juridical organization were there. Those persons invested with authority made rules and demanded strict adherence to them (cf. letters by the Apostles Peter and Paul). Synods were convened against those who threatened the unity of the Church and basic Christian doctrine; the Church did not hesitate to impose severe sanctions upon those who opposed her discipline. In the First Ecumenical Synod or Council of Nicaea (325) the distinction is made between kanones, i.e. disciplinary measures and rules adopted by the Church, and nomoi, the legislative actions taken by the state (State Law). Hence all Canons stem from these three main sources: The Ecumenical Councils representing the universal Church; the local Synods, subsequently ratified by the Ecumenical Synods as representing the tradition of the universal Church; and the Church Fathers.
However, the Church is not to be identified with her Canons. She is much more besides her Canons. She is a spiritual and mystical body expressing itself in liturgy and theology as a whole. One is not to confuse the Holy Gospel with the Pedalion, dogmatic Theology with legislation, Christian morals with jurisprudence. The function of the Canons is to guide her members in matters of salvation and thus to be at the service of the Church, but is not her essence. Church law is of a special character. Its uniqueness, which sets it apart from secular law, is due to the special purpose it serves. Because of its divine origin in securing the mission of the Church as well as her members' salvation, the Holy Canons differ significantly from any other system of law. Church or Canon law is first and foremost of spiritual nature. Its main purpose is the spiritual growth of the faithful; its main object of concern is the spiritual disposition and intention behind one's actions.
Nature and Tradition within Church Life
Orthodox Canon law is corrective in nature (responding to a situation once it has occurred) and not prescriptive in character (anticipating a situation before it actually takes place). Because of the absence of universal codification (like in the Roman 'codex iuris canonici'), great importance is attached to the local legislation of each autocephalous jurisdiction. For instance, Canon 39 of the Quinisext Synod (Synod of Trullo, 691 A.D.) recognized the right of any local church to have its own regulations: "For our God-bearing fathers also declared that the customs of each church should be preserved..."
The overriding principle in the acceptance of a local Church custom as law is the spiritual well being of the members in the mystical body of Christ, i.e. the Church. Consideration must be given in situations like the importance of how people at any age or place may best serve and worship God; or, what is well intentioned for the Church as a whole may not be as suited to certain particular local conditions; or, what is suitable for one age or place may constitute a hindrance under different conditions. Why the Church has such regard for local custom is because canonical tradition has evolved within the context of local conditions. They best express the mind of the universal, yet local Church on how the cause of God may be best served in all special conditions. This is the more significant the more one realizes that the 7th and last Ecumenical Council (with universally binding legislation) occurred twelve centuries ago (Nicea, 787 A.D.). Thus, the emergence and growth of local canonical tradition, especially since that time, is what has sustained the Orthodox Church in broad measure throughout the ages.
The growth and development of local Canons give Canon Law its great flexibility by which the universal canonical tradition adapts itself to changing circumstances. However local Canons do not automatically establish themselves as universal Canons. For the latter, it must be the conviction of the ecclesiastical community concerning a certain act repeated in the same way for a long time. Two main conditions are necessary for the acceptance of the local Canon as universal law: It must have enjoyed a long and continued practice, and the 'consensus' of the faithful (sobornost) must be that it has the force of law. In order for any local law to be accepted as legitimate, it must be in full harmony with holy Tradition, which includes Scripture.
Overall, we must keep in mind that within Orthodoxy there is basically a single law, whose most important sources are common to all the Orthodox Churches:
The Orthodox Church is neither the sum of a number of independent Churches, nor a federation of Churches with an external, inter-church law, but one Church, the Body of Christ, within which the local Churches are expressions of the one, undivided, living, holy, universal Church in various places (Archondonis, "A Common Code," p. 48).
Applicability
The applicability of the holy Canons in today's church and society may lead to unorthodox characteristics that in turn produce - if not theologically sound - contrary viewpoints ranging from one extreme to the other: First, those who revere the letter of the Canons as to 'absolutize' them from within the context they stand and the purpose for which they were written (as both outlined above). Secondly, those who deny the relevancy and thus applicability of the entire body of Canons per se.
As both of these approaches are mutually exclusive and polarized, we like to offer this simple 'formula' by a preeminent theologian:
Canons are a kind of Canonical interpretation of the dogmas for a particular moment of the Church's historical existence ... They express the truth about the order of Church life, but rather than expressing this truth in absolute forms, they conform to historical existence (Nicholas Afanasiev: 'The Canons of the Church: Changeable or Unchangeable?' - St. Vladimir's Theological Quarterly 11(1967) 54-68).
Such a 'formula' recognizes the validity of Canon law as practical means in support of doctrine and church order at a particular time in history. It is only logical then that some of these Canons, as both times and society are subject to change, have quite naturally outlived the purpose for which they were once intended. In other words, they are 'conditioned by time'. Consequently, if they are rigidly applied they cannot possibly fulfil the same intended purpose at future times without causing distortion, simply because they were intended for another era. In turn, this cannot apply generally all Canons, since there are many of them that express doctrine as clearly today, as when they were first adopted by the Church. Hence, we must distinguish between those Canons that continue to govern orthodoxia, and others that do not or no longer do and therefore must be seen in historical context to be understood. The following example will demonstrate this point.
Canon 5 of the Holy Apostles forbids a bishop, presbyter, or deacon to put away his wife under the pretext of religion. A later decision of the Sixth Ecumenical Synod introduced forced celibacy for the episcopate, thus directed that all to be ordained bishops should leave their wives. The Council acted correctly by issuing the new decree "not with any intention of setting aside or overthrowing any legislation laid down by the Apostles, but having due regard for the salvation and safety of people and for their advancement" (Ibid. p. 63). The Apostolic Canon expressed a doctrine concerning the ecclesiastical hierarchy, but in conformity with its era, point in history and society the Church lived in. As the historical conditions of life have changed again, so too will the manner in which this Canon was promulgated. Many other examples could be cited here, such as marriage after ordination, re-marriage by a widowed priest, the revision of fasting practices, liturgical reform, etc.
Pastoral Significance
Church law must always be understood to serve as pastoral guideline and model upon which subsequent ecclesiastical legislation is based. The Canons of the Fathers, whose intent it was to reflect the pastoral nature of their contents rather than to compose legislative texts, were either responding to questions by individuals seeking their counsel or they expressed their views on matters of grave concern to the Church. Due to their high esteem, the Fathers greatly influenced their contemporaries and succeeding generations. Their directives, contained in the Canons of the Fathers, subsequently were recognized by the second Canon of the Sixth Ecumenical Council as equal in authority to the Council's Canons themselves; recognized, however, as the pastoral guidelines serving the intended purpose of compassion and flexibility. This latter yet essential understanding of the Canons ultimately explains why oikonomia (roughly translated as 'divine economy') has always been practiced in the Orthodox Church throughout the ages until today.
Oikonomia
The spirit of love, which naturally replaces rigid adherence to legal principles, with a sense for the spirit of law and commitment to the spiritual perfection of the individual, will therefore always prevail in the application of the law. Through oikonomia which serves as an exception to the general established rule is the replacement of the letter of the law with the spirit of the law as exercised in nonessential matters. The typical 'legal consequences' (e.g., excommunication, impediments, etc.) following the violation of a law are therefore lifted. Oikonomia is always granted by the competent ecclesiastical authority and has not so much the character of urgency as it does the character of compassion for human frailty. Such is justified by the Church's ardent desire to prevent any adverse effects from the strict observance of the law in the applicable circumstances. The premise upon which an exception is granted is the general welfare of all concerned. As the 'law of grace' (whose characteristics at times are even found in secular law), Church law is characterized primarily by the spiritual attributes of compassion, pastoral sensitivity and reconciliation.
However, a person can only be released from adherence to a Canon if this is deemed spiritually beneficial and if granting oikonomia would not violate an essential part of church doctrine and morals.
The right to exercise Oikonomia rests with the local Council or a Holy Synod or College of bishops. In turn, the right to grant Oikonomia may be delegated to individual bishops by the corporate authority of the Synod. The 2nd Canon of Ancyra sets an early example of this:
It is likewise decreed that deacons who have sacrificed [to pagan idols] and afterwards resumed the conflict shall enjoy their other honors, but shall abstain from every sacred ministry, neither bringing forth the bread and the cup, nor making proclamations. Nevertheless, if any of the bishops shall observe in them distress of mind and meek humiliation, it shall be lawful to the bishops to grant more indulgence, or to take away what has been granted.
The wording "...it shall be lawful to the bishops to grant more indulgence, or to take away what has been granted" indicates that Oikonomia, as any deviation from the norm, may both constitute more lenient as well as more stringent observance of the rule.
The purpose of the Church's canonical discipline is both pastoral and pedagogical. It seeks to correct, direct, protect, reconcile and reform the Christian community and each one of its members. By imposing limitations or restrictions upon a member or upon a group of members for a time, especially when it comes to moral matters, it seeks to impress the gravity of sin, especially if publicly known. The Church thus demonstrates that no one sins alone, as the Apostle Paul says, and that certain acts are therefore incompatible with Christian values.
Conclusion
In conclusion, Holy Canons together with the Church's canonical tradition assure the parameters of preserving her life and nurturing her mission on earth.
As the mystical Body of Christ, the Holy Church disposes of her own means to achieve salvation for all her members. Since her mission is predominantly spiritual, the Church is to be more a divine institution than a secular entity or corporation. As long as the Church retains her divine authority and purpose, the holy Canons together with the canonical tradition - both emanating from her - will remain an essential part of her function as the body of Christ.
Just as Christ Himself, so neither orqodoxia nor orqopraxia depend on local or universal "recognition", as if there were such a thing anyway. It is our belief that coming to spiritual agreement on what we believe jointly and mutually, what we hold to be the essentials of our holy Orthodox faith, will eventually lead us all to move upon the strands of agreement. Only the faith we all share, along with the Christian love we preach and live, shall lift Orthodoxy to move to a more united, less legal, rather more co-operative place in the same Holy Spirit who naturally guides all sister churches and jurisdictions towards each other.
SUGGESTED FURTHER LITERATURE
N. Athanasiev. "The Canons of the Church: Changeable or Unchangeable?" St. Vladimir's Theological Quarterly, 11(1967), pp. 54-68.
B. Archondonis. "A Common Code for the Orthodox Churches," Kanon I (1973), pp. 45-53.
D. Cummings, trans. The Rudder. Chicago: Orthodox Christian Educational Society, 1957.
Lewis J. Patsavos. The Canon Law of the Orthodox Catholic Church (Mimeographed Notes). Brookline, Mass.: Holy Cross Bookstore, 1975.
Henry R. Percival, Ed. The Seven Ecumenical Councils. "Nicene and Post-Nicene Fathers," Second Series, Vol. 14. Grand Rapids, Michigan: William B. Eerdmans Publishing Co., 1956.