The empire of Russia has in the matter of ecclesiastical jurisdiction partly developed into other forms, partly systematized 4th century and later Byzantine rules. The provincial system does not exist; or it may be said that all Russia is one province. An exception should be made in the case of Georgia, which is governed by an “exarch,” with three suffragans under him. In the remainder of the empire the titles of metropolitan, save in the case of the metropolitan of all Russia, and of archbishop, were and are purely honorary, and their holders have merely a diocesan jurisdiction (see Mouravieff, History of the Russian Church, translated Blackmore, 1842, translator’s notes at pp. 370, 390, 416 et seq.). So in Egypt the bishop or “pope” (afterwards patriarch) of Alexandria was the only true metropolitan (Neale, History of the Eastern Church, Gen. Introd. vol. i. p. 111). The metropolitan of Russia from the time of the conversion (A.D. 988) settled at Kiev, and his province was part of the patriarchate of Constantinople, and appeals lay to Constantinople. Many such appeals were taken, notably in the case of Leon, bishop of Rostov (Mouravieff, op. cit. p. 38). The metropolitical see was for a short time transferred to Vladimir and then finally to Moscow (Mouravieff, chs. iv., v.). After the taking of Constantinople in 1452, the Russian metropolitans were always chosen and consecrated in Russia, appeals ceased, and Moscow became de facto autocephalous (Joyce, ubi sup. p. 379; Mouravieff, op. cit. p. 126). The tsar Theodore in 1587 exercised the power of the Byzantine emperors by deposing the metropolitan, Dionysius Grammaticus (Mouravieff, p. 125). In 1587 the see of Moscow was raised to patriarchal rank with the consent of Constantinople, and the subsequent concurrence of Alexandria, Antioch and Jerusalem (ib. c. vi.). Moscow became the final court, in theory, as it had long been in practice. Certain religious houses, however, had their own final tribunals and were “peculiars,” exempt from any diocesan or patriarchal jurisdiction for at least all causes relating to Church property (ib. p. 131).
The subject matter of ecclesiastical jurisdiction in Russia during the whole patriarchal period included matrimonial and testamentary causes, inheritance and sacrilege, and many questions concerning the Church domains and Church property, as well as spiritual offences of clergy and laity (ib.). The bishops had consistorial courts; the patriarchs, chanceries and consistories (ib.). Bishops were judged in synod (see, e.g. the case of the archbishop of Polotsk in 1622, ib. p. 179) and only lawfully judged in synod (ib. p. 215).
Clerks and the dependants of the metropolitan (afterwards the patriarch) appear to have been immune from secular jurisdiction, except in the case of crimes against life, from the time of Ivan the Terrible (ib. pp. 180-181). The tsar Michael, in the earlier 17th century, confirmed these immunities in the case of the clergy of the patriarch’s own diocese, but provided that in country places belonging to his diocese, monasteries, churches and lands should be judged in secular matters by the Court of the Great Palace, theoretically held before the tsar himself (ib. p. 181). This tsar limited the “peculiar” monasteries to three, and gave the patriarch jurisdiction over them (ib.). The next tsar, Alexis, however, by his code instituted a “Monastery Court,” which was a secular tribunal composed of laymen, to judge in civil suits against spiritual persons, and in matters arising out of their manors and properties (ib. p. 193). This court was not in operation during the time when the patriarch Nikon was also in effect first minister; but upon his decline exercised its full jurisdiction (ib. p. 216). Nikon was himself tried for abdicating his see, causing disorder in the realm, oppression and violence, first before a synod of Moscow composed of his suffragans and some Greek bishops, and afterwards before another synod in which sat the patriarchs of Alexandria and Antioch, the metropolitans of Servia and Georgia, the archbishops of Sinai and Wallachia, and the metropolitans of Nice, Amasis, Iconium, Trebizond, Varna and Scio, besides the Russian bishops. This synod in 1667 deposed Nikon, degraded him from holy orders, and sentenced him to perpetual penance in a monastery (ib. pp. 220-232). The next tsar, Theodore, suppressed the secular “monastery court,” and directed that all suits against spiritual persons should proceed only in the patriarchal “court of requests” (ib. p. 264). There was, however, a species of appel comme d’abus. Causes could be evoked to the tsar himself, “when any partiality of the judges in any affair in which they themselves were interested was discovered” (ib.).
The old system was swept away by Peter the Great, who settled ecclesiastical jurisdiction substantially on its present basis. The patriarchate was abolished and its jurisdiction transferred by a council at St Petersburg in 1721 to a Holy Governing Synod. The change was approved by the four patriarchs of the East in 1723 (ib. chs. xv.-xvii.). Peter permanently transferred to the secular forum the testamentary jurisdiction and that concerning inheritance, as also questions of “sacrilege” (ib. p. 264). As the result of a long series of legislation, beginning with him and ending with Catherine II., all church property of every kind was transferred to secular administration, allowances, according to fixed scales, being made for ministers, monks and fabrics (op. cit. translator’s appendix i. p. 413 et seq.). There remain to the spiritual courts in Russia the purely ecclesiastical discipline of clerks and laity and matrimonial causes.
The court of first instance is the “consistorial court” of the bishop. This consists of a small body of ecclesiastics. Its decisions must be confirmed by the bishop (op. cit. translator’s appendix ii. pp. 422-423). In the more important causes, as divorce (i.e. a vinculo), it only gives a provisional decision, which is reported by the bishop, with his own opinion, for final judgment, to the Most Holy Governing Synod.
The governing synod is the final court of appeal. It consists of a small number of bishops and priests nominated by the tsar, and is assisted by a “procurator,” who is a layman, who explains to it the limits of its jurisdiction and serves as the medium of communication between it and the autocrat and secular authorities. It deals with the secular crimes of spiritual persons, if of importance and if not capital (these last being reserved for the secular forum), and with heresy and schism. It is the only court which can try bishops or decree divorce. The tsar formally confirms its judgments; but sometimes reduces penalties in the exercise of the prerogative of mercy (see Mouravieff, op. cit. ch. xvii. translator’s app. ii.).
The governing synod now sits at St Petersburg, but appoints delegated commissions, with a portion of its jurisdiction, in Moscow and Georgia. The latter commission is presided over by the “exarch” (supra).
Since the War of Independence, the kingdom of Greece has been ecclesiastically organized after the model of Russia, as one autocephalous “province,” separated from its old patriarchate of Constantinople, with an honorary metropolitan and honorary archbishops (Neale, op. cit. Gen. Introd. vol. i.). The Holy Synod possesses the metropolitical jurisdiction. It sits at Athens. The metropolitan of Athens is president, and there are four other members appointed by the government in annual rotation from the senior bishops. There is attached to it a government commissioner, with no vote, but affixing his signature to the synodical judgments (Joyce, op. cit. p. 35).
The subject matter of the jurisdiction of Hellenic courts Christian seems to be confined to strictly spiritual discipline, mainly in regard to the professional misconduct of the clergy. Imprisonment may be inflicted in these last cases (ib.). All matrimonial causes are heard by the secular tribunals (Lehr, op. cit. sec. 587).
The bishop’s consistorial court, consisting of himself and four priests, has a limited jurisdiction in first instance. Such a court can only suspend for seven days unless with the sanction of the Holy Synod (Joyce, op. cit.).