The life of the clergy in any denomination is always strictly regulated. This applies to both external attributes (robes, use of religious objects, rules of behavior, etc.), and all spheres of the life of priests in general. All norms and rules are reflected in regulatory documents: codes, regulations, regulations. Such a document for the Russian clergy for many years, starting from the times of Peter the Great and up to the coup of 1917, was the “Spiritual Regulations or Charter of the Spiritual Collegium.”
What is spiritual regulation
The regulations were a legal document issued in the form of a manifesto. With its help, the legal status of the church in Russia was established, and the Theological College was established as the highest body of church authority and the Holy Governing Synod as a government department.
The Charter determined the structure and functions of the Synod and established a system of state control over the activities of priests and monks.
This document actually made government officials out of clergy. This circumstance was aggravated by the fact that control over the activities of the Synod was carried out by a secular employee - the chief prosecutor.
Origin of the word
The word regulation itself has Polish roots (from the Polish reglament - rule). In the Petrine era, it firmly entered Russian speech in the meaning of “set of rules.”
Meaning of the concept
Regulations presuppose a set of rules and laws, but here we see some “reasonings” that are more likely comments on the law than the law itself. This is an attempt to declare the rules of a new life in Russian society, to impose a new worldview.
The relationship between the Church and the state in the synodal era.
Patriarch Adrian died in 1700. For 21 years, the head of the Russian Church was the Locum Tenens of the Patriarchal Throne, Metropolitan Stefan (Yavorsky), and in 1721 the Patriarchate was abolished. Instead of the Patriarch and the Councils, a small council was established - the Holy Synod, which became the highest body of church power.
A new era has begun in the history of our Church, called the synodal era. The nature of the relationship between Church and state is changing significantly. The symphony of church and state power is subject to deformation, shifting towards the Protestant principle of the supremacy of the secular sovereign over all religious communities of the territory under his control - the so-called territorialism.
The privileged position of the Orthodox Church in the state-legal consciousness is associated not so much with the fact that its teaching is true, but with the fact that Orthodoxy, according to the basic laws of the state, is the religion of the Monarch and the majority of his subjects.
State power in this era strictly controls church life. Councils are not convened, and the Holy Synod acts not only as a body of the highest ecclesiastical authority, but also as a government agency, which, like the Senate, State Council or Cabinet of Ministers, has authority from the Supreme Authority. All orders of the Synod are issued under the stamp “By order of His Imperial Majesty.” In addition, they are subject to endorsement by the synodal chief prosecutor.
In the system of church legislation of the synodal era, Professor N. S. Suvorov distinguishes between “imperial church legislation, decrees and definitions of the Holy Synod and state legislation on the Church.” This is the uniqueness of his classification. “By imperial church legislation,” he wrote, “we mean the highest commands and nominal decrees on the spiritual department, then the highest approved reports of the synodal chief prosecutor... In addition, the Holy Synod itself issues various definitions and instructions (such, for example, are the instructions to parish deans churches and monasteries)… The name of state legislation on the Church should mean general norms established both in the legislative order itself and in the order of supreme government, that is, in addition to the Highest manifestos and commands, the Highest approved opinions of the State Council and the Highest approved provisions of the Cabinet of Ministers. »
Distinguishing between “imperial church legislation” and “state legislation on the Church,” N.S. Suvorov does this on the basis that he sees in the emperor “the supreme ruler of the state and the Church,” who, as the head of the Church, acts through the Synod, and as the head of state - through the Senate, State Council or Cabinet of Ministers. Suvorov accepts as the norm the Caesar-Papist distortions of the Byzantine symphony (the Emperor is the head of the Church) and through such a prism looks at the relationship between church and state power in Russia, which in fact developed under the strong influence of the Protestant theory of “territorialism.”
From an ecclesiastical point of view, it would be correct to distinguish only two main material sources of Russian church law of the synodal era: the state (the highest power and the governing bodies dependent on it: the Senate, the State Council, the Cabinet of Ministers) and the Church represented by the Holy Synod, whose orders acquired legal force in the state as a result of their approval by the Sovereign, but the church authority of these orders rested on the fact that the Synod - a small council of bishops - represented the entire Russian episcopate. This distinction is important, since depending on whether a particular act of the synodal era belongs to the area of ecclesiastical legislation proper or state legislation on the Church, its authority in our time is determined. It is obvious that the state legislation of the Russian Empire, including the Imperial decrees on the spiritual department, issued in addition to the Synod, have lost force, and the decrees and resolutions of the Synod, regardless of their approval by the Supreme Authority, can remain in force, unless, of course, they have been canceled or replaced subsequently.
Spiritual Regulations of 1721
The basis of the charter was “This Book, of the Spiritual Collegium, containing a description and reasoning...” (1718-1720), compiled by Archbishop Feofan Prokopovich. After the tsar edited and made additions, the regulations were heard at a meeting of the Senate in the presence of the capital's bishops. It was then signed by Peter. Subsequently, in other large cities of the Russian Empire, 87 representatives of the priesthood signed the document. Apparently, none of them got to know him in detail and therefore could not form their attitude towards him.
History of preparation and creation
For a long time after ascending the throne, Peter I was content with half measures regarding the reorganization of the church. And only in 1718, the emperor gave the order to Feofan Prokopovich to develop a draft law for the Theological College. The sovereign believed that reforms of state and church administration were of equal importance for the empire and should have been carried out jointly.
And the more government control there is in church affairs, the better.
This attitude was voiced to the developers of the statutes of the Theological College.
In general, the tsar considered it obvious that it was necessary to introduce collegial government of the church and subordinate it to the royal will. Peter I knew that such a position would cause fierce resistance from the clergy, so the draft law was formally approved by the spiritual hierarchs. The regulations were approved by decree of the tsar on January 25, 1721, and published in their final version on September 16 of the same year.
Purpose of the document
The publication of the “Spiritual Regulations” supported the tsar’s policy, which was defined as “correction of the spiritual order.” This meant the eradication of the system of government with the help of patriarchal power, the elimination of the very possibility for priests to act as opponents of the king. Of course, this weakened the influence of spiritual figures on Russian society.
The idea of the supremacy of secular power in religious affairs matured under the influence of Protestant theories, which were considered progressive at that time. In addition, Archbishop Theophan actively used the theses of “natural law” and legal concepts of “police states.” Vera gradually lost her independent place in society.
Thus, the king received every reason to declare himself the sole guardian of the faith and gradually subjugate the clergy. In this context, faith and the priesthood were seen as tools for exercising control over subjects.
Basic provisions
The charter is divided into three parts. The first part includes provisions that explain the advantages of collegial management of the Orthodox flock compared to individual management. In short, the “conciliar” administration was supposed to protect the state from riots and unrest that could be provoked by the rule of one dignitary. It is also mentioned that the sole church ruler becomes like an autocrat. The Synod, in turn, is compared to councils of the clergy in the past. However, the authors of the document could not find convincing arguments for the abolition of the institution of patriarchy in Rus'.
The second part determined the terms of reference of the members of the Synod, which are related to the problems of the church. In particular, it was proposed to actively eradicate superstitions and carefully select spiritual literature that should be distributed. This meant the introduction of censorship of spiritual texts. In addition, the rules of church services were subject to streamlining.
And for the enlightenment of ordinary people, three books had to be compiled:
- with basic Christian dogmas and the Ten Commandments;
- outlining positions and ranks;
- with extracts from the lives of saints about sin, virtue, etc.
The books were to be distributed and read on Sundays and holidays in churches.
The Synod included twelve representatives of the church elite of that time. Leadership was exercised by the president, but his power was largely nominal. All bishops included in the composition had equal voting rights, and each of them could be subjected to a synodal trial. That is, this body was not denounced by the patriarchal authority: acting on behalf of the king, it carried out his decrees and commands in all religious spheres. It is noteworthy that the oath of clergy was not much different from the oath taken by military and civil servants. In accordance with the oath, the hierarchs were supposed to fulfill the role of obedient slaves and subjects of the king, and also serve to strengthen the royal power.
The king became the “court of last resort” in matters of religion and faith. This form of oath lasted for about 180 years. It was canceled only in 1901.
The duties of Orthodox bishops were further formulated. They had to be well versed in the rules of the Ecumenical and Local Councils. Twice a year they were ordered to inspect their diocese and carefully monitor the behavior of representatives of its clergy. The bishop in his diocese administered spiritual judgment; anathema was declared only with the permission of the Synod.
The Synodal Court was the highest court where complaints against bishops were also sent. The bishop sent reports to the Synod twice a year that contained detailed information about how things were going in the diocese. Certain points of the regulations prohibited the provision of unnecessary honors to bishops, and their servants were subjected to harsh criticism.
The second part also describes the creation of religious schools. The developers were especially concerned about the problem of selecting teaching staff. The schools were supposed to be monastic-type institutions with appropriate rules.
The training program involved division into eight classes and the study of the following subjects:
- Latin;
- Greek;
- Hebrew;
- Church Slavonic;
- geography;
- theology;
- stories, etc.
Upon completion of training, graduates became priests or took monastic vows. It was also said that only those who had received an education in a theological school could preach.
The third part of the document contained information about the laity and their differences from the priesthood. They were required to go to communion at least once a year. Landowners were forbidden to build house churches; they had to be with the “brethren” and attend parish churches. In addition, it was necessary to fight the Old Believers and do everything possible to help identify them.
The provisions of the third part also contain a detailed description of the functions and responsibilities assigned to synodal officials. For example, they reviewed works of spiritual content before publication, checked candidates for episcopal positions, controlled the use of parish property, and fought against the greed of priests who demanded payment for performing services.
The document provided for the possibility for bishops to make additions with the consent of the sovereign.
The original version of the regulations contained very little information about the institution of monasticism, and the synodal officials, having drawn up the corresponding addition, published it without the knowledge of the tsar. Subsequently, these additions to the canonical text were revised and published by Peter. They mainly talked about the relationship between secular and spiritual authorities, about the rules for tonsuring monks and ordaining priests, about warnings from the clergy against various kinds of excesses, drunkenness, and quarrels. In addition, the section contained detailed information about the procedure for imposing penance.
Historical meaning
According to modern researchers, the introduction of this document led to a number of significant changes in the relations between the Russian Orthodox Church and the state.
These include:
- Introduction of strict control over the clergy.
- Transformation of church power into a semblance of secular power: in fact, the church is integrated into the state apparatus.
- Formation of the Holy Synod as a state institution.
- Gradual weakening of the connection between the clergy and the Orthodox flock.
But we cannot help but say that this period gave the world many saints who lived a truly spiritual life: Seraphim of Sarov, the Optina elders, St. Ignatius (Brianchaninov).
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Developers and authors of the regulations
The draft law was developed on behalf of the emperor by Bishop Feofan Prokopovich. This document is considered one of the brightest examples of the author’s creativity.
Feofan Prokopovich
Little is known about the bishop's origins. According to historical information, he came from Smolensk, his parents were small traders. The boy was orphaned early and was taken in by his uncle, the rector of the Kiev Brotherhood College. The child received a good spiritual education. As an adult, he completed a full course at the Jesuit College in Rome.
The Archbishop had a broad outlook and was an outstanding statesman of his time.
One of the postulates actively defended by Theophan was the veneration of the king as the head not only of the laity, but also of the entire clergy.
Peter the Great, convinced of such a loyal attitude of the monk, summoned him to the capital to implement the reform. After the formation of the Holy Synod, Feofan Prokopovich headed it for some time, and then became its leading member. He was also an active associate and ally of Peter I in reforming the administrative apparatus of the church with the aim of eliminating its autonomy from the state and the complete subordination of the clergy to the emperor.
Peter I
Peter was born from the second marriage of Tsar Alexei Mikhailovich to Natalya Naryshkina in 1672. As a child, he received a good education at home. From a young age he spoke German, Dutch, English and French. In addition, the prince subsequently mastered many diverse crafts, paying special attention to naval affairs. He was an extremely strong-willed, purposeful and efficient person.
The sovereign was not a completely familiar type of personality for that time: due to the peculiarities of his upbringing, he did not have a great inclination towards old customs and Moscow court orders, but was very sensitive and receptive to German and foreign culture in general.
The scale of changes that took place in the Russian state at the will of the emperor is difficult to assess unambiguously.
A completely new form of army and navy, a significant increase in the size of the state, the presence of access to the sea, relations with Europe, changes in the appearance of Russian courtiers - all these changes gave rise to heated discussions about the activities of the ruler. Even during Peter's lifetime, opinions about his rule and reforms were contradictory. His closest associates supported him in everything and considered all his endeavors successful. The people for the most part agreed with the schismatics and considered Peter the “Antichrist.”
But both of them recognized that radical changes had taken place in the state. They gave impetus to the development of a new Russia, which will never be like the old one.
Sources of church law of the synodal era.
In 1776, on behalf of the Holy Synod, the “Book on the Positions of Parish Elders,” compiled somewhat earlier by Bishops George (Konissky) and Parthenius (Sopkovsky), was published. Subsequently, it was reprinted many times. This is a practical guide for pastors with extracts from the “Helmsman,” “Spiritual Regulations,” the most important synodal decrees, as well as from the writings of the Fathers. The book also contains such instructions that cannot be found in other authoritative sources of Russian church law. For example, permission to allow non-Orthodox people to be the baptismal parents of Orthodox children with the only condition that they read the Niceno-Tsaregrad symbol without filioque.
The Synod more than once ordered that this book be followed when imposing penances by confessors and church courts. Its study was included in the programs of theological schools until the middle of the 19th century; many generations of Russian priests used it to prepare themselves for pastoral parish service.
The Helmsman's Book was reprinted many times by the Holy Synod; in principle, it was recognized as the most authoritative collection of church law, since in the “Spiritual Regulations” the canons were recognized as having binding force. But in “The Helmsman” the rules were given in an abbreviated form (according to the “Synopsis”); their translation into Slavic is in many places inaccurate and difficult to understand. The disadvantage of “The Helmsman” as a practical guide to church law was also that some of the documents contained in it (and these were mainly legislative acts of the Byzantine emperors) were outdated and fell out of use.
Therefore, in 1839, instead of the “Helmsman’s Book,” the publication of the “Book of Rules” was undertaken, where, along with the Greek text, a parallel translation of the canons into Church Slavonic, close to the Russian language, was given. Later, when the “Book of Rules” was republished, only the translation was included (without the original text).
The main advantage of the “Book of Rules” was that, firstly, the canons were reproduced in full, and secondly, only the main canonical corpus was included in the “Book”. The rules were here separated from the heterogeneous legal material, either of lesser authority or completely lost force, with which “The Helmsman” is overloaded.
At the same time, the “Book of Rules” is not without textual shortcomings: the translation is not always satisfactory. Canonists also noted direct errors in the translation of individual Greek terms. Probably due to the translator’s vague understanding of the state-administrative division of the Roman Empire and the territorial division of the Ancient Church, the words “παροικια” and “επαρχια” are not always translated correctly.
In the rules, the first word “παροικια” in almost all cases designates a bishopric, in our opinion, a diocese, and the second word “επαρχια” means a metropolitan district. In the Book of Rules, the first word is often translated as “parish,” and the second as “diocese.”
In the synodal editions of the “Book of Rules” there are no interpretations of these rules. But at the end of the 19th century they were published in several editions by the “Society of Lovers of Spiritual Enlightenment” with the blessing of the Synod with interpretations of Aristin, Zonara and Balsamon and with a brief summary of the rules according to the “Helmsman’s Book.”
In 1841, the “Charter of Spiritual Consistories,” approved by the Synod, was first published, thoroughly revised in 1883. This is a kind of “Spiritual Regulation” of diocesan administration. It consists of 364 articles organized into four sections. The first section deals with the significance of consistories and the legal basis of diocesan administration and court, the second - with the responsibilities of consistories for the protection and dissemination of the Orthodox faith, for worship, for the construction and improvement of churches, and for church housekeeping. The third section is devoted to the diocesan court, and the fourth - to the states of the consistories themselves and the regulations of their office work.
The “Charter” was based on the “Spiritual Regulations” and individual previously issued decrees on diocesan administration, which were brought together in this collection.
Many of the decrees of the Synod and other legal acts of the Office of Orthodox Confession were not codified. They were scattered across various official periodicals: they were published in “Church Gazette,” “Church Bulletin,” “Spiritual Conversation.” Some of the legislative acts, although not codified in the strict sense, were systematized, being published in the form of separate books and brochures. These are the Statutes of religious educational institutions, Instructions for church elders, deans of parish churches and monasteries, and Rules on local means of maintaining the clergy.
Since 1879, the publication of the “Complete Collection of Decrees and Orders for the Department of the Orthodox Confession of the Russian Empire” began in St. Petersburg. The ten volumes of the “Collection” cover church legislation from Peter I to Elizabeth.
From 1868 to 1917 eleven volumes of another fundamental collection were published: “Description of documents and files stored in the archives of the Holy Synod.” As the title suggests, this publication does not publish the documents themselves, but only contains their descriptions.
Decrees on the Office of the Orthodox Confession are also placed in the “Complete Collection of Laws of the Russian Empire” in chronological order. In the codified collection - the “Code of Laws of the Russian Empire” - laws and decrees concerning the Church are placed in Volume I (the basic laws in which the emperor’s confession of Orthodoxy is proclaimed); “Charter on Civil Service,” which also talks about clergy in connection with general rules on awards, salaries and pensions - in Volume III; “The Charter on Duties,” individual articles of which relate to the clergy, their property and church property, are in Volume IV; “Forest Charter” - about forests owned by church institutions, and “Accounting Charter” - about control under the Holy Synod - in Volume VIII; Volume IX (“Laws on State”) sets out the laws on the class rights of the white and monastic clergy; Volume XIII (“Charter of Public Charity and Medical Charter”) contains laws relating to diocesan care for the poor of the clergy; Volume XIV (“Charter on detention and statute on the prevention and suppression of crimes”) includes laws on prison churches, crimes against faith and the Church; Volume XVI (“Charters of Legal Proceedings”) contains laws on legal proceedings in cases of crimes against the Church and in civil cases of church institutions.
In 1905, the political system of the Russian Empire underwent radical transformations. The highest legislative bodies, in addition to the emperor, were the State Council and the State Duma. Naturally, they included not only Orthodox individuals. However, laws concerning the Orthodox Church, such as those concerning the financial estimates of the Synod, were considered by the State Council and the Duma.
In the church environment, as well as in government spheres, the question of convening a Local Council was raised. Preparations for it continued intermittently until August 1917. Documents related to the preparation of the Council, although they never had mandatory significance, nevertheless represent important church-historical and, in a sense, church-legal monuments, since they reflect the canonical consciousness episcopate, clergy and laity. Particularly interesting are the “Reviews of diocesan bishops on the issue of church reform,” published in 1906, and “Journals and minutes of meetings of the Pre-Conciliar Presence,” published in the “Church Gazette” in 1906-1907, as well as in a separate publication in 1906-1909 gg.
Sources of church law of the newest era.
Local Council of the Russian Orthodox Church 1917-1918. and the restoration of the Patriarchate opened a new period in the history of our Church. Local Councils re-entered the life of the Church as its highest canonical body. The cathedral continued its work for more than a year. All important issues of church life were discussed at it: about the structure of the highest church authority and diocesan administration, about the relationship between the Church and the state, about preaching, about theological schools, monasteries. Due to the circumstances of that time, the program of the Council was not fully implemented.
Nevertheless, the Council issued a number of definitions, which were published in the church press and were published in 1918 as a separate publication in 4 issues entitled “Definitions.” The most important of these definitions are the following: “On the rights and duties of His Holiness the Patriarch of Moscow and All Russia,” “On the Holy Synod and the Supreme Church Council,” “On the range of affairs subject to the jurisdiction of the bodies of the highest church government,” “On the procedure for electing His Holiness the Patriarch,” “ About the Locum Tenens of the Patriarchal Throne,” “On diocesan administration,” “On vicar bishops,” “On the Orthodox parish” (Parish Charter), “On monasteries and monastics,” “On reasons for divorce,” “On the legal status of the Church in the state ,” “On attracting women to active participation in various fields of church service.”
These definitions constituted the real code of the Russian Orthodox Church, which replaced the “Spiritual Regulations,” the “Charter of Spiritual Consistories” and a whole series of more specific legislative acts of the synodal era.
In resolving issues of all church life on the basis of strict fidelity to Orthodox dogma, on the basis of canonical truth, the Local Council revealed the uncloudedness of the conciliar mind of the Church. The canonical definitions of the Council served for the Russian Church on its arduous path as a firm support and an unmistakable spiritual guide in solving extremely difficult problems that life subsequently presented to it in abundance.
In 1945, a new Local Council was held, at which Metropolitan Alexy (Simansky) of Leningrad was elected Patriarch. The Council issued a brief “Regulations on the Russian Orthodox Church,” which replaced the “Definitions” of the Council of 1917-1918. There is an undoubted continuity between the legislative acts of the two Local Councils, but the changes made, due to the circumstances of the time, based on the invaluable experience experienced by the Church, consisted, in general, in emphasizing the hierarchy of the church system. The “regulations” of the 1945 Council expanded the competence of the Patriarch, diocesan bishop, and parish rector.
The Council of Bishops, held in 1961, revised the “Regulations on the Russian Orthodox Church” in terms of parish administration; clergy were removed from the management of the material resources of the parishes, which was now entrusted exclusively to parish meetings and parish councils, headed by their chairmen-elders.
The Local Council of 1971, at which Metropolitan Pimen (Izvekov) of Krutitsa and Kolomna was elected Patriarch of Moscow and All Rus', approved the changes made to the “Regulations on the Russian Orthodox Church” by the Council of Bishops in 1961. The Local Council also issued a resolution on the abolition of the Greater oaths Moscow Council of 1667 on old rites.
The Local Council, held in 1988 - in the year of the millennium of the Baptism of Rus', - issued the "Charter of the Russian Orthodox Church" - the main current law of our local Church, which regulates the structure of the highest , diocesan and parish administration, activities of theological schools and monasteries. The “Charter” incorporated the principles of the church system that have stood the test of life, which formed the basis of the “Definitions” of the Local Council of 1917-1918. and the “Regulations,” issued by the Council in 1945.
The Journal of the Moscow Patriarchate regularly publishes definitions of the Holy Synod and decrees of His Holiness the Patriarch, including those that are normative in nature.
The external law of our Church is determined by state laws and regulations, which are published in official periodicals and separate collections. Particularly complete in the selection of legal acts relating to religious associations, in particular the Russian Orthodox Church, is the collection of Professor P. V. Gidulyanov “Separation of the Church from the State,” published in the third and last edition in 1926. This collection, naturally, includes legal acts relating to the first decade of the history of the Soviet state.
