Saturday, July 9, 2011

George Ghandour on Auxiliary Bishops in Antioch

The Arabic original can be found here. George Ghandour is he most prominent canonist in the Church of Antioch. He is the author of Antioch and Canon Law: An Introduction to Antiochian Canons and their Application in the 20th Century.



Bishops or Auxiliary Bishops?


In its most recent session at the patriarchal residence at the Monastery of Our Lady of Balamand, the Holy Synod of Antioch elected twelve auxiliary bishops to work in the patriarchate and in the archdioceses of Akkar, Europe, Brazil, and Mexico. This election represents and important turning point in the history in the See of Antioch since from one perspective it leads to a renewal of the episcopal body in the See of Antioch and a strengthening of the See with youthful capabilities with great intellectual and theological qualifications. However, from another perspective it has led to the consecration of the "titular episcopacy" as a live reality without any effort to bring any order to this institution. In this quickly compiled report, we will review the development of the concept of the titual episcopacy in the See of Antioch and we will suggest some organizational steps that we hope will help in the new bishops' success.

The "titular bishop"-- the phrase also refers to an auxiliary bishop, assistant bishop, or representational bishop-- is a category of bishop who do not enjoy the same rights that proper to the metropolitans of archdioceses. According to standing custom and the system currently in effect in the Patriarchate of Antioch, they are nominated by the patriarch and elected by the Holy Synod for titular bishoprics, that is for bishoprics that existed in the past but that no longer exist in the present day, either on account of the smallness of the Orthodox presence there or on account of the annilhilation of that presence. Antiochian custom has established that they enjoy the right to membership in the Holy Synod and that they submit directly to the patriarch or to the metropolitan of the archdiocese whom they assist.

The titular bishopric first emerged as an institution in the Russian Church in the days of Peter the Great and was defined in the year 1708. After that, it developed rapidly, insofar as it spread to most large Russian archdioceses. From Russia, it went on to be found in the various Orthodox Churches. In our own times, the majority of patriarchates and autocephalous Orthodox Churches have titular or auxiliary bishops. Their canonical position and designated competencies differ from church to church.

In the Church of Antioch, we find the first indication of titular bishops in the basic patriarchal canon issued in 1900, the first basic canon that the patriarchate knew after its re-arabization. This canon gave the patriarch the right to nominate three clergymen, from which the Holy Synod would elect a titular bishop to assist the patriarch. The canon likewise permitted this titular bishop to be nominated in the event of the vacancy of one of the patriarchate's archdioceses. The canon of 1900 did not limit the number of titular bishops, but it appears that patriarchs' resorting to consecrating a large number of these bishops led the Orthodox assembly that issued the next patriarchal canon in the year 1929 to restrict the patriarch's right to choose titular bishops, since this canon limited the number of titular bishops to one titular bishop to assist the patriarch and required the prior agreement of the Holy Synod in the event that the patriarch desired to elevate a second titular bishop to assist him. As for the office of the patriarchal vicar that came into being at this time, it is a new position that was created in response to the request of the people of Damascus to have a voice in the process of electing the patriarch and metropolitans. The patriarchal vical, according to Antiochian practice, is a titular bishop elevated to a titular bishopric, but his situation differs from that of his colleagues in that he participates in the activities of the Holy Synod and bears the patriarch's vote in the election of metropolitans for vacant archdioceses and in his capacity as metropolitan for Damascus, he participates in the process of electing the patriarch.

Despite the 1929 canon's limiting the number of titular bishops to only two, the period following its publication saw an noticeable increase in their number, since a large number of titular bishops were created to pastor the Antiochian diaspora in the emigration after the intense emigration movement that the See of Antioch experienced at the beginning of the 20th century. The increase in the number of titular bishops led the general Orthodox assembly that met in 1955 to seek to put order to their status. The assembly's recommendations included a text that explicitly advised the Holy Synod to limit the number of titular bishoprics by an official decision so that it will proceed to elect bishops for them, even though the right to nominate and elect is limited to the Synod itself . This canon left the patriarch the right to nominate three clergymen from among which the Holy Synod would elect the patriarchal vicar and the head of the patriarchal diwan. The Synod did not undertake to limit the number of titular bishoprics as was in the text of the 1955 canon, and instead a large number of these bishoprics were created so that bishops could be elevated to them during the crises that shook the Patriarchate of Antioch during the 1960's.

The canon that is currently in effect, issued in 1972, does not mention titular bishops, ignoring the existence of a large number of them at the time of its adoption. However, the supplementary internal statute that was subsequently issued in 1982 could not ignore their existence and dedicated one of its sections for the bishops. In this section, it states that "The patriarch is the point of reference for all the bishops and they are at his disposal" and that the bishop "is entrusted with leadership of the patriarchal diwan, leadership of a patriarchal monastery, or with one of the representations or one of the other ecclesial institutions. The patriarchal vicar is elected to this office." In accordance with the decisions of this statute, the bishops are elected by the Holy Synod from among three names that are nominated by the patriarch. In this regard, one notices that the internal statute did not mention bishops assisting the metropolitans of archdioceses, who remain subordinate to the patriarch who appoints them to assist one of the metropolitans. At the end of the 20th century, the number of titular bishops decreased, with the transformation of patriarchal representations existing in the emigration into independent archdioceses and the elevation of the representational bishops in them to full members of the Holy Synod of Antioch. In the first decade of this century, the number of titular bishops decreased with the election of the bishops of al-Hisn and Tartous as metropolitans for the archdioceses of Akkar and Western Europe and the existence of titular bishops was limited to a small number who assisted the metropolitan and were dependent upon him.

In 2009, the Holy Synod modified the section of the internal statute pertaining to the bishops, adding material stating, "The metropolitan is the point of reference for all the bishops in his archdiocese, who are at his disposal" and another stating, "All bishops in the See of Antioch are assistant bishops and they depend directly on their point of reference." This modification came about because of a crisis that broke out in the Archdiocese of America between the metropolitan and his bishops. This crisis ended with the decision of the Holy Synod published in August 2010, which stated explicitly that "the bishops of the Archdiocese of North America are auxiliary bishops elevated to bishoprics and delegated by the metropolitan of the archdiocese to bishoprics. They depend on their spiritual point of reference, the metropolitan of the archdiocese, who has general authority in the entire archdiocese. The metropolitan has the right and authority, with reference to the synod of the archdiocese, to transfer a bishop dependent upon him from one bishopric to another, when necessary and for the good of the archdiocese."

Today, after the Synod's latest decision, the number of auxiliary bishops in the See of Antioch has increased to 20 bishops divided as follows: 6 in the patriarchate, 5 in the Archdiocese of North America, 3 in the Archdiocese of Akkar, 3 in the Archdiocese of Europe, 2 in the Archdiocese of Brazil, and 1 in the Archdiocese of Mexico. It is expected that this number will rise to 22 with the election of two auxiliary bishops in the Archdiocese of North America this coming July.

From the above, it is clear that the way of dealing with the institution of titular bishops in the See of Antioch during the 20th century has been pulled in two main directions. The first direction inclines toward reducing the number of titular bishops and limiting them to two at most to assist the patriarch. Those who follow this direction have insisted on restricting the patriarchs' competencies in the process of choosing titular bishops so that they do not use the institution of titular bishop as a way to nominate and consecrate whoever they desire in order to subsequently impose them on vacant archdioceses. The advocates of the second direction have inclined toward strengthening this institution but have not attempted to canonize it, insofar as resorting to it in many situations afforded solutions to crises or to reward certain members of the clergy. The canons issued before 1982 expressed the first direction, despite all the exceptions that undermined application of these canons. The internal statue of 1982 expressed the second direction, as it legitimized the situation prevailing at the time of its preparation and did not stipulate any controls or conditions in what pertains to the number of titular bishoprics, the manner of election of the titular bishops, or their competencies.

As for what led to the spread of the institution of titular bishop, it can be summarized in the following: reasons related to the creation of bishops assisting the patriarch; reasons related to the pastoral care of Damascus and securing its representation in the Synod of Antioch during the election of metropolitans and patriarchs; reasons going back to the pastoral care for the Antiochian diaspora in the emigration; reasons related to the senility of some bishops and their inability to minister to their archdioceses; reasons going back to the expansion of the territory of some archdioceses; reasons related to the elevation of bishops to take care of Antiochian institutions and patriarchal monasteries.

At the present, now that the need for elevating representational bishops in the emigration has ceased,and if we take into account that retirement of a metropolitan who is unable to care for his archdiocese remains the ideal solution for him and for his archdiocese, we find that impetus for elevating auxiliary bishops is limited to the expansion of the territory of some archdioceses and the synod's lack of desire to review their boundaries for various reasons. Consequently, auxiliary bishops are only elevated for the pastoral care of a definite group of people, and this makes them bishops of bishoprics and prevents them from being described as auxiliary bishops. Naturally, there remains to review the boundaries of some far-flung archdioceses and the elevation of metropolitans for them is the best pastoral solution. However, during a transitional period, it is possibly to rely on the metropolitan system that Orthodox has known and that is practiced in other Orthodox Churches. This system maintains the basic theological principles that pertain to the bishop, namely that the episcopacy is one, that bishops are equal in episcopal dignity, that bishoprics are not equal in terms of historical, geographical, or numerical importance, and that a bishop does not exist apart from a synod, whether it be metropolitan or patriarchal.

The above maintains Orthodox tradition with regard to bishops. If it is accompanied by a review of the role of the Holy Synod, insofar as membership in it comes to be open to all the metropolitans in the See of Antioch, aside from the exceptional roles relating to the election of the patriarch and metropolitans, whose membership is limited to metropolitans of archdioceses, it can lead to the pastoral revival that was intended by the Holy Synod's election of this large number of bishops.

Surpassing the current canonical weakness in matters relating to auxiliary bishops-- so that they are considered bishops, elevated to actual sees, belong to a local synod, and participate in the Synod of Antioch-- is a salient issue. It makes these bishops feel that they are equal in episcopal dignity to the See's metropolitans, and that they are not second-class bishops. It will avert from them and from the Church of Antioch crises like those that shook the Archdiocese of North America in years past. To bring this about, we suggest that what pertains to bishops in the sixth section of the internal statute be modified as follows:

Section Six: Bishops

1. Bishops are elevated to bishoprics dependent "on the Archdiocese of Antioch, Damascus, and their dependencies" or on one of the other archdioceses of the See of Antioch.

2. The number of bishoprics dependent on "the Archdiocese of Antioch, Damascus, and their dependencies" is defined according to the suggestion of the patriarch and with a decision of the Holy Synod of Antioch that is adopted by a two-thirds majority of the members who compose the Holy Synod. The decision specifies the geographical boundaries of the bishoprics, monasteries, and institutions dependent on each of them.

3. The patriarch can ask the Holy Synod to create a new bishopric or to modify the borders of one of the existing bishoprics through division and merger. In these situations, the Synod's decision is subject to the same conditions enumerated in section two of this statute.

4. The Holy Synod defines the archdioceses that are composed of bishoprics and it defines the number of these bishoprics based on the suggestion of the metropolitan of the archdiocese and with a decision of the Holy Synod adopted by a two-thirds majority of the members who compose the Holy Synod. The decision specifies the geographical boundaries of the bishoprics, monasteries, and institutions dependent on each of them.

5. The metropolitan can ask the Holy Synod to create a new bishopric or to modify the borders of one of the existing bishoprics through division and merger. In these situations, the Synod's decision is subject to the same conditions enumerated in section two of this statute.

6. The bishops dependent on "the Archdiocese of Antioch, Damascus, and their dependencies" constitute a metropolitan synod presided over by His Beatitude the patriarch. The bishops of other archdioceses constitute a metropolitan synod presided over by the metropolitan of the archdiocese.

7. The patriarchal vicar is considered an active member of the metropolitan synod of "the Archdiocese of Antioch, Damascus, and their dependencies."

8. The bishops of the archdiocese commemorate the metropolitan and the metropolitan commemorates the patriarch in divine services.

9. A single archdiocese is represented by a single vote in the Holy Synod of Antioch, the vote of the metropolitan of the archdiocese. In extenuating circumstances preventing the metropolitan's participation in the synod, he can delegate, by formal delegation, one of the bishops of his archdiocese.

10. The bishops participate in the activities of the Holy Synod of Antioch without the right to vote and they can be elected to synodal committees.

11. The patriarchal vicar participates in the appointment and election of the patriarch, metropolitans, and bishops.

12. The patriarch nominates three names from among which the Synod elects a bishop to be patriarchal vicar.

13. A nominating assembly is convened in the bishopric to undertake the nomination of three clergymen from among those who fulfill the conditions for nomination to the episcopate who are included in the synodal list of appropriate candidates. The nominating assembly is composed of the bishops of the archdiocese, the clergy of the vacant bishopric, and lay representatives elected by the parish councils in the bishopric. The number of laypeople is limited by a decision from the metropolitan of the archdiocese according to the numerical proportion of each parish, so that the number of clergymen does not surpass a quarter of the members of the nominating assembly. The nominating assembly meets under the presidency of the metropolitan of the archdiocese. The holy synod undertakes the process of nomination in the case that the nominating assembly cannot be formed.

14. The consecration of a bishop takes place in the patriarchal cathedral by the laying on of hands of the patriarch, the metropolitan of the archdiocese, and the metropolitans of the See of Antioch. The pastoral staff is handed over in the cathedral of the bishopric by the metropolitan of the archdiocese.

15. The metropolitan of the archdiocese is considered to be the symbol of its unity and the instrument of its connectedness to the communion of the Church. He is its official representative before the state and he has general authority and direct oversight over the charities, monasteries, churches, institutions, places of pilgrimage, and "shrines" therein. He is the president of its councils, organizations, institutions and all other community bodies. He forms and directs them according to the decrees of the statute of councils and the internal statute.

16. The bishop represents the metropolitan in presiding over councils, organizations, institutions, and community bodies dependent on his bishopric and he is considered president of the parish councils dependent on his bishopric.

17. The bishop makes pastoral visits to the parishes of his bishopric and he is vigilant to preserve the integrity of the Orthodox faith and to secure celebration of the mysteries, preaching, and teaching in them.

18. The bishop consecrates new churches within the borders of his bishopric. He approves of all plans related to new buildings in his bishopric and likewise oversees all works of restoration and preservation of churches and endowments in his bishopric.

19. The metropolitan convenes the initial spiritual court in his archdiocese which is composed of himself as president and of two of the bishops of his archdiocese as principal members. He applies the "canon or statute of personal statuses."

20. The bishop organizes registries of baptism, betrothal, marriage, the financial records for endowments and properties, holy vessels, manuscripts, and icons in his bishopric and files a copy of them with the secretariat of the Synod via the metropolitan of the archdiocese.

21. With the cooperation of the metropolitan, the bishop looks after the priests of his bishopric and secures their livelihood. He meets with them regularly and sees to their pastoral zeal.

22. The bishop recommends to the synod of the archdiocese the names of students nominated for theological study and the names of individuals suitable for ordination to the priesthood. The bishop ordains deacons and priests for his bishopric and sends the metropolitan of the archdiocese their clerical documentation. The bishop elevates priests in his bishopric to the rank of archimandrite with the agreement of the metropolitan of the archdiocese.

23. The bishop does not accept a priest into his bishopric without a letter of formal release, and this is only after the consent of the metropolitan of the archdiocese. As for transfer of priests within the bishoprics of a single archdiocese, this is undertaken by the archdiocesan synod. As for the release of priests of the bishoprics to outside the metropolitanate, this only takes place on the basis of a letter of release issued by the metropolitan of the archdiocese.

24. The bishop is responsible for general preaching and guidance within his bishopric, for visiting its people as he is able, and for the ordering of schedules for these things.

25. He exercises his membership in the archdiocesan synod through his presence at its sessions and his carrying out its decisions. He participates in sessions of the Holy Synod of Antioch as an observer and he applies the decisions, statutes, and canons of the See.

26. With the consultation of the metropolitan of the archdiocese, he organizes an annual budget for the bishopric that is presented to the synod of the archdiocese and the archdiocesan council.

27. He is forbidden from belonging to political parties or secret societies.

28. He directs and invests the bishopric's endowments with the agreement of the metropolitan of the archdiocese. He is forbidden from disposing of the bishopric's endowments. All activity contrary to the decrees of this section are considered void.

29. The bishop upholds the canons of the ecumenical and local councils and the canons and statutes of the See of Antioch.

30. In the event of the bishop's disability, the metropolitan undertakes management of the bishopric. In the event of permanent disabilities, the bishop is placed in one of the patriarchal monasteries and his archdiocese provides all appropriate care to support him.

31. The bishops are included in the synodal list of suitable candidates and they can be elected to vacant metropolitan sees.

32. A bishop who is engaged in active episcopal ministry is considered to be the equivalent of an active metropolitan and can be nominated to the office of patriarch if he has spent five years in his bishopric.

33. The metropolitan punishes a bishop with private rebuke and reproach or with formal rebuke and reproach.

34. Bishops are judged before the Holy Synod, following a formal complaint.

35. The synod punishes a bishop with formal rebuke and reproach or with deposition and laicization if he committed a serious offense.

36. The bishop punishes a transgressing clergyman in his bishopric with rebuke and censure or with suspension from the divine services for a period between one and five months.

37. An initial disciplinary council within a bishopric is composed of the metropolitan and two bishops elected by the synod of the archdiocese. This disciplinary council punishes a priest or deacon, married or celibate, by suspension from the divine services for a period of six months and no more, by putting him in compulsory residency in a location specified by the pastor of the archdiocese for a period of six months and no more, or by expulsion from the priesthood.

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