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614 TSARIST-CHURCH RELATIONS IN THE MOSCOW STATE AND IN THE RUSSIAN EMPIRE: ‘SYMPHONY OF AUTHORITIES’ AS A LEGAL FORMULA Georii Shairian1
Abstract: The topic of interaction church life with the help of the Holy between the Church and is still relevant Synod for this. The acquired experience since the influence of religion on public- of interaction between the reigning power relations throughout the Christian monarch and the Church can be mastered world remains a tangible factor in public for developing the model of state life. The present research aims to structure existing in modern Russia. uncover the legal meaning of the sixth novella of Emperor Justinian (known in Keywords: church, government, tsarist historiography as the ‘symphony of Russia, ‘symphony of authorities’, authorities’) in tsarist-church legal tsarist-church relations relations that were characteristic of Muscovy and the Russian Empire. The 1. Introduction civilizational-cultural approach in The problem of interaction jurisprudence used by the author allowed between the supreme power of the concluding that there is not only a sovereign and the Church in Russia, functional difference between the reflected in the works of numerous tsardom and the priesthood (the two scholars, is always in the spotlight due to subjects of law that are part of the its obvious relevance. This also applies novella) but also the legal inequality to modern Russia, where, contrary to the characteristic of public law relations. thousand-year-old tradition of Russian From this angle, the novella was adopted statehood, the Church has been separated in medieval Russia and legalized in the from the state for more than a last Russian Empire where the sovereign was hundred years of its history. The called the Head of the Church and published scientific papers still do not resolved the most important issues of give an answer (which could satisfy all
1 Interregional Attorney’s Collegium of Moscow, Moscow, Russia
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615 the authors) to the question of what the State Library in the manuscript hereditary rights are of the reigning department (F 152, F 256, F 310). They monarch to manage the Church. The also include: state regulatory documents, main discussions are around including Stoglav 1551, the Sobornoye understanding the ‘symphony of Ulozheniye (council code) of Alexis of authorities’ – the legislative formula of Russia 1649, Kormchaia Book Emperor Justinian that was designed to (Nomocanon) printed from an original regulate the relations between the published by Patriarch Joseph of reigning monarch and the Church. Moscow, as well as its Nikon edition, Transferred to Russia along with the which also contains a translation of the adoption of Christianity, the idea of preamble of the sixth novella. In 1787, cooperation between the ‘tsardom’ and Catherine the Great’s publication of ‘priesthood’ was reflected first in the Kormchaia followed, under the direct legal tradition and then in the current supervision of the Holy Synod. Under legislation of Muscovy and the Russian Alexander I, Kormchaia was published Empire. twice, in 1804 and 1816. Normative acts The present research aims to reveal of the synodal period include: the the legal meaning of a ‘symphony of Regulation or Statute of the authorities’ by examining the correlation Ecclesiastical Collegium of 1721 (which of the subjects of law discussed in it, as legitimized the abolition of the well as clarifying the conclusions patriarchate and the establishment of existing in historiography on this topic. collegial authority of the Synod), the This attempt is made taking into account Statutes of the spiritual consistories of the following important circumstance: 1841 and 1883, Art. 43 BCL (bases of considering the issue from this angle had civil law) 1832, Art. 65 BCL 1906, the little influence on its legal side; this Charter on the prevention and affected the completeness of the study of suppression of crimes of 1845, the Code chosen subject. of Institutions and Charters of the Department of Spiritual Affairs of 2. Materials and methods. Foreign Confessions: Christian and other 2.1. Sources. These include 1857, Decree of April 17, 1905 “On archival documents stored in the Russian Strengthening the Beginning of
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616 Tolerance” and other normative acts modern scholars such as A.V. Velichko, which directly or indirectly pointed to K.A. Maksimovich, A. Desnitsky, S.B. the dominant role of the reigning Sorochan, L. Yu. Kostogryzova, A.A. monarch in determining the order of Dorskaya, E.A. Zhukov. In addition, the church life. works of such foreign authors as D.J. 2.2. Russian historiography of this Dunn (2018), N.K. Gvosdev (2001), issue is quite extensive, represented both W.L. Daniel (2019) were used as by the works of pre-revolutionary and historiography sources. modern scientists – historians, lawyers, 2.3. The research methodology is and political scientists. Among those based on rejecting the formation who studied the ‘symphony of approach in the historical and legal authorities’, its theory and law studies of Russian statehood in favor of enforcement practice in Russia were the civilizational and cultural approach such famous figures as G.F. (Nemytina, 2017). This made it possible Shershnevich (1908), B.N. Chicherin to take a different look at the concept of (1882), L.A. Tikhomirov (2004). its evolution, to see in Russia a single Famous Byzantinists and lawyers are to legal space formed by its history, be mentioned, such as: D. Azarevich religion and geography, the space that (1877), A. A. Vasiliev, V. M. Gribovsky, independently existed between the West Yu.A. Kulakovsky (2003), A.P. Lebedev and the East for a thousand years, and to (2005), F. I. Uspensky (2013), and N. see in tsarist-church relations the royal Popov, Archpriest (1892). Among the dominance worked out by Russian scholars who studied this question in history, which reflected both the ancient relation to the Russian Empire, were legal tradition of imperial power, Archbishop Seraphim (Sobolev), partially borrowed in the Byzantine Archipriest G.V. Florovsky M.V. Empire, and the experience of autocratic Zyzykin, I.S. Berdnikov, I.K. Smolich, rule in Muscovy and in the Russian K.P. Pobedonostsev, V.E. Valdenberg, Empire. F.A. Kurganov, I.I. Sokolov N.S. Suvorov. A great deal of effort in 3. Results understanding the nature of tsarist 3.1 ‘Symphony of authorities’ as church relations was undertaken by a legal formula. Tsarist-church relations
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617 in Muscovy and in the Russian Empire Justinian”), called Nikon Kormchaia were regulated taking into account the after Patriarch Nikon, who published it idea of co-operation of ‘priesthood’ and in 1653. ‘tsardom’ borrowed from the Byzantine The text of the translation of the Empire (the 6th novella of Emperor formula (made for Stoglav) said: “Equal Justinian’s Codex Juris Canonici), in greatness, there are two gifts of God in expressed in the legal formula a human being, granted by His boundless established by him, called ‘symphonies love for Men – the Priesthood and the of the authorities’. Based on the Tsardom. Owing to the Divine, while reception of classical Roman law serving human beings, both have yet one (Maksimovich, 2007), it was inspired by beginning and adorn the human life. the Orthodox worldview and the Both pray to God for each other, since Byzantine experience of imperial both are blameless in everything and statehood. As a result, Roman pagan law have boldness to God, and righteously acquired a new spiritual content of they will begin to adorn the cities faithful Christian monotheism which was to them, and those living by them will maximally adapted to its religious truths exist in harmony, since all of us have (Velichko, 2015). The symphony faith in the good and the kind. If the formula was transferred to Russia along observance of the sacred rules, with the adoption of Christianity in the righteously praised and worshipped, is 10th century without any preliminary preserved, then the self-seers of God’s changes and existed as a church legal Word will become Apostles, and the tradition until the middle of the XVI Holy Fathers will practice and preserve century. Legal documents that received it’’ (Stoglav, 2011). the status of a council-approved The text in the Kormchaia Book legislative act (which had a written form (the official edition of the second half of where the idea of a symphony was the XVI century) (MD RSL), in the reflected) were first the 62nd chapter of Printed Kormchaia Book (Kormchaia, Stoglav in 1551, then the 42nd chapter of 2011), and in the lists from earlier the Printed Kormchaia Book (“From the (Kormchaia, Book XV) and later times scroll of the divine new commandments (Copy of the 1st Moscow edition, 1653) and others in the divine heritage of Tsar does not differ from the translation in
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618 Stoglav. In Stoglav and in the Printed human race. Therefore, we make the Kormchaia Book, this text acquired the greatest effort to protect the true dogmas status of a state document of higher legal of God and the honor of the priesthood, force emanating from the tsarist hoping to receive through this great legislator, in which the general rules of blessings from God and hold fast those Tsarist-church relations were presented that we have” (The rules, 1911). A in the most detailed form, and it was similar translation is given by A.V. widely used in Russia until the Kartashev (2008). Regulation of Peter the Great in 1721 There are other, later translations, was created, although the Kormchaia some of which it is necessary to give Book continued to be published until below. Comparing several samples of 1816. professional translation from both The Russian translation of the sixth official publications and scientific novella made at the beginning of the XX studies, made in different historical eras century looks a little different: “The and with significant interruptions (for a greatest blessings bestowed on people by total period exceeding 450 years), allows the highest goodness of God are the better understanding the legal meaning priesthood and the tsardom, of which the of the sixth novella. first takes care of divine affairs, and the Modern translation from Greek second directs and cares for human was made at the beginning of the XXI affairs, and both based on the same century by K.A. Maksimovich and I.S. source, they adorn the human life. Chichurov, who wrote in their Therefore, nothing lies as much in the commentary that “the language of hearts of tsars as the honor of the clergy, Byzantine law is rather conditionally who for their part serve them, praying to correlated with the legal style of the God incessantly for them. If the modern Russian language...” and is priesthood will be comfortable in distinguished by “emphasized rhetoric, everything and pleasing to God, and the full of peculiar speech figures and not state power will truly govern the state alien to puns”. This, along with features entrusted to it, then there will be of application of the modern scientific complete agreement between them in apparatus of jurisprudence to the norms everything that serves the benefit of the and realities of the long-non-existent
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619 Christian state in Byzantium and the we will be given great blessings from autocratic monarchy of the Russian God – and we will preserve the ones that Empire that is a hundred years away are already available, and those that we from us, noticeably obscures the task of still have not received, we will acquire. researchers. But all this can be accomplished in a kind The translation of the sixth novella and proper way only if a worthy and from the article by K.A. Maksimovich in pious beginning is laid. And it, we the Bulletin of Saint Tikhon's Orthodox believe, is possible only if the sacred University of Humanities is as follows: canons are observed, of which the truly “The greatest gifts of God among people glorified and worshiped self-seers and given from above because of His love for associates of God and the Word are the people are the priesthood and the apostles, and which the holy fathers tsardom. The first serves divine affairs; preserve and interpret” (Maksimovich, the second rules and observes human 2004, 2007). affairs; both come from one beginning For a complete understanding of and harmoniously equip the original, here are two more options (κατακοσµοῦσα) human life – and for translating the novella. This is a nothing is more important for the translation form the work of the Greek reigning ones than the honor of the scholar-theologian A. Gerostergios and a presbyters who always pray to God for translation made for the Foundations of them. For if the first will be perfectly the social concept of the Russian impeccable and be favored by God Orthodox Church. The former goes: (παρρησίας), and the second will justly “Lord, in His love for man, gave him two and properly equip (κατακοσµοίη) the great gifts from above: the priesthood state entrusted to them, then there will and imperial dignity. The first serves the come some kind consent (συµφωνία τις Divine, the second directs human affairs. ἀγαθή) which will provide all the However, both of them come from the benefits to the human race. Therefore same source and adorn the life of (τοίνυν) we earnestly care both for the mankind. Therefore, nothing can be a dogmas of the divine truth and for the greater concern of the emperor than the honor of the priests, in the presence and dignity of priests, for it is precisely for consequence of whom we are sure that the good of the emperor that they
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620 constantly pray to God. If the priests are from the same source, adorn the of free from reproaches and their prayers human life. Therefore, nothing lies as reach God, and the emperors fairly and much in the hearts of tsars as the honor impartially govern the state entrusted to of the clergy, who for their part serve them, a general harmony arises and them, praying to God incessantly for every blessing is granted to the human them, and if the priesthood is a complete race” (Gerostergios, 2010). The agreement between them in everything theologian further adds that “this ideal that serves the benefit and good of the cooperation between the two authorities human race. Therefore, we make the can only be realized when each of them greatest effort to protect the true dogmas acts in harmony with God's Providence: of God and the honor of the priesthood, “For everything ends happily where hoping to receive through this great there was a corresponding beginning, blessings from God and hold fast those agreement with the will of God. We that we have” (Foundations of the social believe that this will be so if the sacred concept of the ROC). rules of the Church, which are explained These translations of the preamble to us and preserved for us by the fair, to the sixth novella reveal that it respectable and beloved apostles, who consolidates the subjective composition contemplate, carry and serve the word of of Tsarist-church relations and gives a God, and the holy fathers, are fulfilled” general idea of the legal status of each of (Gerostergios, 2010). them. In the first phrase of the novella, In the Foundations of the social Justinian indicates the presence of two concept of the Russian Orthodox Church subjects of legal relations, the interaction (ROC), we can find the following of which is its main semantic content. variant: “The greatest blessings The first of them he calls the bestowed on people by the highest ‘priesthood’, the second the ‘kingdom’; goodness of God are the priesthood and the difficulties with defining and the tsardom, of which the first understanding the former usually arise (priesthood, church authority) takes care less than the latter. Most researchers of divine affairs, and the second agree on a logical interpretation of the (tsardom, state power) governs and takes concept of kingdom for the purposes of care of human affairs, and both, coming the sixth novella as state law, and, based
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621 on the law enforcement practice The absence of a direct indication established in the Byzantine Empire, that the patriarch is the second subject of express a fair opinion that the emperor is legal relations in the ‘symphony of meant here, although it is clear that the authorities’ was perceived by a number earthly ‘kingdom’ as a gift of God is a of researchers as an opportunity to much broader concept and the emperor understand by ‘priesthood’ not only the acts as the sole and legal representative primate and/or clergy but also church of this ‘kingdom’, personifying it and authority. If we pay attention to the acting on its behalf according to interpretation of this issue in a number of Christian doctrine by the will of God. It studies on this topic, we understand that would seem that there should be no the authors, at times, go further and mean doubt about the second subject - the the whole Church under the term ‘priesthood’, although the novella does ‘priesthood’, although it also consists of not contain direct indications that the lay people. It is difficult to object to this term ‘priesthood’ necessarily means the from the point of view of a formal patriarch as the primate of the Orthodox analysis of the sixth novella. In fact, it Church. However, knowing that it were does not contain a transcript of the the patriarchs who led the Byzantine concept of priesthood, which leaves a church hierarchy, we can safely assume wide field for thinking of this term in that the second subject of legal relations accordance with the difference in tastes in the ‘symphony of authorities’ was the and tasks. Looking ahead, it can be noted patriarch. In any case, the political that the compiler of the Spiritual Rules practice of that time did not know Feofan Prokopovich and Peter the Great another option, although it is obvious seemed to take advantage of the lack of that, as in the case of the concept of an accurate indication of the kingdom, the generalized concept of understanding of this term, building priesthood applied by the author of the Tsarist-church relations without the novella is significantly wider in its participation of the patriarch, who since historical and theological sense than its 1721 was replaced by a collegiate legal content, defined by general rules of synodal organ. the sixth novella. Noting the unearthly nature of priesthood and kingdom, Emperor
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622 Justinian describes them as ‘two gifts of subjects of legal relations: the priesthood God’ received by people from the and tsardom, as well as between them Almighty, which is closely related to the and the royal subjects. Defining the religious understanding of the legal responsibilities of all the three entities, foundations of Byzantine statehood, the novella indicates the need to pray for rooted in the Old Testament sacred the first two (“Both pray to God for each history and New Testament church other’’) (Zyzykin, 1988). This is done for canons. The novella confirms the unity the sake of preserving their integrity and of the source of power for the kingdom of decisive striving for God (“since both and the priesthood (both having one and are blameless in everything and have the same source, as mentioned in boldness to God”) as well as for adorning Stoglav) which they both serve, and the possessions given to them (“and points to this source of their power as righteously they will begin to adorn the Divine. For the priesthood and kingdom, cities faithful to them”). Then, as the serving the Divine is in leading people, author explains, an agreement will be caring for them, and is based on the reached between the priesthood and the Christian doctrine the sacred books of tsardom, which will serve the benefit of which were the most important source of human life (“those living by them will law for the Byzantines, including the exist in harmony, since all of us have right of the emperor to own the kingdom faith in the good and the kind”). he received from God, and priesthood Emperor Justinian emphasizes the duties to spiritually nourish the flock. duty to take care of the priesthood and In the same part, the novella, assigns it to the kingdom (Zyzykin, judging by this translation, establishes 1988). In the version by A. Gerostergios, the third subject of legal relations and the this is the dignity of the priests object of law enforcement; this third (Gerostergios, 2011), in the version by subject is people who are in a state of K.A. Maksimovich, this is the honor of submission to the first two subjects, and the presbyters (Maksimovich, 2007), in who should be taken care of ("while the version of the ROC, this is the honor serving human beings") (Stoglav, 2011). of the clergy (Foundations of the social Thus, the object of law enforcement is concept of the ROC). the relations that arise between two
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623 If we compare the translation of The same difference is present in the sixth novella in Stoglav and the many modern translations different in Kormchaia Book with the ROC form but similar in essence. The translation with the interpretation of translation made in the Foundations of Nicodemus, Bishop of Dalmatia-Istra, the social concept of the Russian made in 1911, it is easy to notice the Orthodox Church (2000) goes: difference in the presentation of the “Therefore, nothing lies as much on the relationship between the priesthood and heart of the kings as the honor of the the tsardom. The first two versions avoid clergy who, for their part, serve them, direct reference to the subordination of praying to God incessantly for them” the priesthood to the tsardom, while the (Foundations of the social concept of the translation made at the beginning of the ROC). K.A. Maksimovich’s version XX century presents a different (2008) reads: "nothing is more important approach. One of the phrases there for the reigning ones than the honor of suggests the following: the relationship the presbyters who always pray to God between the two subjects of law contains for them". The Greek theologian A. an indication not only of their functional Gerostergios (English translation of his difference but also of legal inequality book into Russian - 2010) wrote: characteristic of public law relations. In “nothing can be a greater concern of the the Rules of the Orthodox Church emperor than the dignity of priests, for it (1911), the emphasis is on the fact that is precisely for the good of the emperor priests serve the tsars and, therefore, are that they constantly pray to God” subordinate to them: ‘‘Therefore, (Gerostergios, 2010). An earlier nothing lies as much in the hearts of tsars researcher of this issue, V.E. as the honor of the clergy, who for their Valdenberg, who published a paper on part serve them, praying to God the subject in 1920-1931, shared this incessantly for them” (The rules, 1911), view (Valdenberg, 2008). The exception which differs from the translation of the is M.V. Zyzykin, who made a translation same phrase in the two earlier sources of this phrase in 1930 from Latin, similar (“Both pray to God for each other’’) to the one found in Stoglav: (“Both pray (Stoglav, 2011). to God for each other’’) (Zyzyzkin, 1988).
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624 It seems that the difference that can participate directly in them, using both be seen in the 1911 translation compared the authority of the emperor and the with Stoglav (1551) and the Kormchaia possibility of royal power. Book (1653) did not appear by chance. It In general, it can be argued that the is fully explained by the law-making and disposition of the novella (despite the law enforcement practice of the Russian differences in the available translations) Empire during the synodal period, by the is compiled in such way that the legal desire to emphasize the subordinate equality of the two subjects of law (the nature of the relationship between the priesthood, that is, the Church or its Church and the Supreme Autocratic primate, and the kingdom represented by power, which has a historical and legal the emperor or king) is not testified. The foundation dating back to the period of text shows that its author, not directly the Byzantine Empire. In fact, the correct indicating the nature of church relations conclusion about the subordination of subordinate to the emperor, at the same the priesthood to the tsardom which time, builds his novella in such way that follows from the 1911 text is difficult to the priesthood is not vested with any distinguish in Stoglav and the Printed independent legal authority in state Kormchaia Book. Obviously, the affairs. complexity of the subject of legal 3.2. Tsarist-church relations in regulation explains the choice of delicate Muscovy. The idea of close interaction formulations in the description of the between secular and ecclesiastical very principle of the ‘symphony of authority, borrowed from the Byzantine authorities’ which Justinian dwelt upon, law, which provided state legal establishing general legal norms of the protection for the prevailing faith, was sixth novella. It can be seen from the text positively received in Ancient Russia that the author avoids directly affirming (Berdnikov, 1903), and was continued the subordination of the priesthood to the during the period of Muscovy. The “kingdom” in matters of state building power of the protective influence of the which he understood widely, believing it supreme state power on church life and necessary to establish the emperor’s its dogmas was demonstrated in 1439. right to organize church administration, Then the Grand Prince Vasily II the Dark to discuss religious dogmas and to rejected the Union of Florence, deposing
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625 the papal nuncio of Moscow strengthened in the new historical Metropolitan Isidore, who signed it. This conditions. Moreover, “neither the step was a turning point both in Church nor the church hierarchy saw any understanding the role of the Russian ‘tyranny’ on the part of state authorities sovereign in protecting the dogmas of the in this. The legal side of the case was Orthodox faith, and in its influence on completely ignored. It never occurred to the organizational side of church life. anyone to use individual cases of state The firm position of the supreme intervention as precedents for building a princely authority contributed to the system of ‘Moscow state churches’ ... establishment of autocephaly of the More important was that peculiar feature Russian Church, the actual beginning of of ancient Russian thinking that allowed which was the election of the bishop of melting the Tsar’s duties in relation to Ryazan, Iona, Metropolitan of Kiev and the Church into the rule of law’’ all Rus at the local council, which took (Smolich, 1996). As the further place in 1448. development of Russian statehood The question of the right of the showed, the normative regulation of Grand Prince to control church life in Tsarist-church relations gradually Muscovy had a very definite worldview acquired quite definite legislative forms. connected with the spread of the theory The power of the Russian sovereign who ‘Moscow is the Third Rome’ after the adopted the imperial title in 1547 began fall of the Byzantine Empire. By virtue to extend to decisions of church and state of its basic idea, the Russian sovereign synods. After the Stoglav Synod in 1551, was given the place of the only monarch here the most important task was to in the world, the successor of the Roman achieve the necessary balance of Caesars and Byzantine emperors, who interests between the tsarist government had the right and duty to defend the and the clergy, the tsars also initiated the Orthodox faith, to assist the Church in its local synods which owned the preservation and organization of its life. legislative, administrative, judicial and Thus, the political and legal tradition of controlling authorities in the Church. preserving the prevailing faith on the part Without the approval of the monarchs, of the ruling sovereign that was taking the decisions of the local synods had no place in Ancient Russia was further legal force.
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626 The next step on the path of attention of Catherine II. As the legislative consolidation of the power of researcher of the history of the Russian Moscow sovereigns, whose relations Church I.K. Smolich notes, “in a letter to with the Church was an integral part, was Voltaire she even called herself ‘chef de the Code of 1649, which codified the I’Eglise greque’ [head of the Greek previous legal acts. The Code continued Church (fr.)]’’; and Grimm calls her the legal policy of the Russkaya Pravda, “chef de son Eglise” [the head of adding 19 new articles to the legislation herChurch (fr.)] (Smolich, 1996). Her in force at that time. Tsarist-church son Paul I legitimized this opinion when relations were normalized, including the he introduced into the Act of Succession state protection of the Church from of 1797 the provision that “Russian crimes; however, more drastic measures Emperors are the Heads of the Church” for legislative regulation of these (The Act , 1830). Since that time, the relations were not taken. Subsequently, accession to the Throne of the hereditary this led to the fact that the disagreements Russian autocrat and the subsequent that arose between Tsar Alexis and coronation, which later became known in Patriarch Nikon (who openly came up the Fundamental State Laws of the with the idea of the priority of spiritual Russian Empire as “sacred crowning and authority over the tsar’s) were resolved anointing according to the rank of the outside the field of law and resulted in a Orthodox Greek-Russian Church” dispute where pragmatic interests of (Article 57), provided for their large landowners from among the boyars simultaneous succession of Rights of the (who feared the dominance of church Head of the Church. From this point of over land ownership) were implicitly view, the right to be called the Head of present. the Church, as the law precisely defines 3.3. The limits of the rights of the it, is, in fact, also the hereditary right of reigning monarch as the Head of the the Orthodox Russian autocrat. Church in the Russian Empire. The limits of the rights that the The possibility of considering the monarch, who occupied the Throne had legal status of the Russian Emperor as a in relation to the management of church sacred person, possessing the spiritual life, are established by the Basic Laws of title of Head of the Church, drew the the Russian Empire only in general terms
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627 in a specially designated Chapter Seven and, moreover, only in the sense this law ‘On Faith’. According to Art. 64, “The established, defining the general limits of Emperor, like the Christian Sovereign, is the emperor’s rights as the Head of the the supreme protector and guardian of Church to ecclesiastical administration the dogmas of the prevailing faith, and and at the same to providing royal the guardian of law and all holiness in the protection for internal church life, and to church’’. The interlinear for this article the monarch’s participation in protecting gives an explanation of the legislative the dogmas of Christian doctrine. At the norm: “In this sense, the Emperor, in the same time, his power extended not only Act on the Heritage of the Throne 1797 to the territory of the Russian state but of Apr. 5 (17910) is called the Head of also beyond its borders, covering all the the Church” (СCL RE, 1912). The lands where the Orthodox faith was reference of the drafters of the Basic spread. Thus, in Muscovy the universal State Laws of the Russian Empire to the protective role of the Russian monarch, Act of Succession of 1797 published by the successor of the Byzantine Basileus, Paul I was justified by the fact that it was was understood. As N.S. Suvorov the first time at the legislative level to explained in this connection, describing confirm the exclusive state-canonical the limits of the emperor’s ecclesiastical legal status of the Russian monarch, who authority, “Neither the highest bishops of possessed secular and church authority at the Christian church, nor the ecumenical the same time. synods could be the personification of At the same time, another question one church-wide, universally recognized was resolved. The law, therefore, and permanent authority, cherishing the excluded the accession to the throne of whole church, issuing laws and orders to the heterodox heir, and explained the establish church order in Christianity as difference between Jesus Christ, who, a whole and to restore disturbed order" according to the Christian religion, is the (Suvorov, 1908). In fact, in the Act of Head of the Church of the earthly and Succession, Paul I legally clarified what heavenly, and the reigning emperor, was still decided by the Stoglav Synod in who, being the Christian sovereign and 1551, which adopted the Byzantine the Anointed of God, is only named formula of ‘symphony of authorities’ as Head of the Church by virtue of the law, the basis of Tsarist-church relations,
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628 which used to belong to the Russian which condemned these teachings of worldview on the state-canonical status onomatodoxy (Archbishop Nikon, 2003; of the reigning monarch occupying the Fomin, 2012). This caused discontent Throne of the All-Russian Emperor by among followers of Athos monks since virtue of Divine establishment and the Tsar refused to consider this issue taking care of the purity of the Orthodox (Florensky1998), and among the faith and the spiritual life of his subjects members of the Holy Synod because the "arranging everything for the benefit of Tsar “sided” with onomatodoxy and the people handed to him for the glory of belittled the authority of the supreme God, so that he is praised on Judgement organ of church-state administration of Day’’(The rite, 1841). the Russian Church (SARF) by An illustrative example of how the canceling his trial and ordering for the reigning monarch resolved extraordinary monks to be placed in the Russian issues of church life, using the powers of monasteries, and for priesthood to be the Sovereign Emperor and the Head of returned to them. the Church, is the situation that Regarding this step as the official developed in church-state relations in “Sovereign pressure on church authority 1913 in connection with the persecution in the church case of onomatodoxy,” of monks taken by force from Mount Bishop Prilutsky Vasily (Zelentsov) Athos to Russia. It largely reflected the cited the appeal of the Chief Prosecutor practice of relations between Nicholas II of the Holy Synod, V. Sabler, on April and the Holy Synod of the Russian 30, 1914, which states that “His Imperial Orthodox Church. The teaching of the Majesty on the 15th day of April, in monks of the name of God was related to Livadia, was pleased to personally hand the dogmatic foundations of the over to me a handwritten note of the Orthodox faith and affected the following content: “On this holiday of established practice of understanding Holidays, when the hearts of believers this issue. Despite the fact that the Holy aspire with love for God and for their Synod and Nicholas II held different neighbors, my soul mourns for Athos opinions on this issue, the Emperor did monks whose joys of sharing the Holy not independently, by his authority, Mysteries and the comfort of being in the refute his Decree of May 18, 1913, temple were taken away. Let us forget
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629 the strife: it is not for us to judge the royal penalties and official penalties in greatest sanctuary — the Name of God, general, the granting of favors in special and thereby to bring the wrath of the cases, not suitable for the application of Lord to our homeland; the court should general laws, when no interests and civil be abolished, and all monks, following rights protected by law are violated” the example of Metropolitan Flavian, (BCL 1906). Based on this right, the should be placed in monasteries and Emperor, on the one hand, abolished the allowed priesthood”. I have the honor to trial of Athos monks and appealed to the tell this to the Holy Synod. Chief Chief Prosecutor of the Holy Synod to Prosecutor V. Sabler" (Prilutsky). decide on their future fate related to The author of the present research issues of organizational and church believes that the circumstances of this structure. On the other hand, the decision case perfectly emphasize the nature of that the Athos monks were deprived of state law enforcement practice at the the right to receive the sacrament beginning of the XX century in relation (Prilutsky), was left to the full discretion to the sovereign towards the Church and Synod, without the Emperor interfering demonstrate the Byzantine with the issues of Synod’s competence to understanding of the distinction of rights determine the limits of punishments and duties between tsarist and spiritual (church disciplinary punishments) authorities that has survived in the established in accordance with the holy Russian Empire. The emperor, in canons. Thus, the balance of interests in accordance with applicable law, had the the right of the reigning monarch and the right to intervene in criminal prosecution authority of the Holy Synod was not and legal proceedings, acting under Art. violated, and the final solution to such a 23 BCL 1906. This article established complex organizational and dogmatic that “the Emperor possesses the pardon issue remained with the Emperor and of convicts, commutation of sentences Head of the Church Nicholas II. and the general forgiveness of those who 3.4. The main regulatory have committed criminal acts with the documents governing the tsarist- cessation of prosecution against them church relations in the synodal period. and their release from court and from Legislative consolidation of the punishment, as well as the addition of Emperor’s right to administer the
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630 Church, in addition to the already pushed back to the field of tradition. At mentioned Kormchaia Book and the Act the same time, he questions the of Succession of 1797, was found in canonicity of the Spiritual College, and other fundamental regulatory documents the legal nature of the new organ of the that preceded this act and in those tsarist authority of the Russian monarch published later, during the XIX-XX requires serious reflection, without centuries. On January 25 (February 5), which it is impossible to “understand and 1721, the manifesto of Peter I was issued evaluate the church system established in on the establishment of the Ecclesiastical the last two hundred years and the Collegium with an oath for its members position of the Orthodox Church in the (CCL RE) and with the Rules and Russian state”(Verkhovsky, 1916). In Regulations which defined the this regard, it should be noted that the Collegium’s tasks and duties of its canonicity of the Synod as a church members, and indicated the circle of institution was recognized by the Eastern subordinate persons and the jurisdiction Patriarchs in response to their of the new department: "According to notifications by Peter I of its which it knows its duties and those of all establishment. The Patriarch of the spiritual ranks and of laity, because Constantinople wrote that "Our they are subject to spiritual management, dimension, by the grace and power of the and at the same time it has to act in the All-Holy, Life-giving and All- administration of its affairs" (CCL RE). Commanding Spirit, legitimizes, affirms A month later, the Ecclesiastical and proclaims ... the established Synod". Collegium became known as the Most The exact same wording on the Holy Governing Synod. According to the recognition of the right of the Russian famous researcher of the synodal reform Emperor to establish the Synod is P.V. Verkhovsky, by issuing the contained in the letters of the Patriarch of indicated normative legal acts, “the Antioch and Jerusalem with the final ancient order of the church structure and conclusion that "the Holy Synod gets administration of the Russian Church by Apostolic Blessing" (Tsarist and the power of the Metropolitan, and then Patriarchal Charter, 1848). the Patriarch of All Russia with the On March 27, 1841 The Charter of Cathedral of Russian Bishops” was the Spiritual Consistories was published
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631 which was "a public place through religious sanction of the state which "is which, under the direct authority of the the oldest and most famous system of diocesan bishop, management and the tsarist-church relations under which ecclesiastical court are carried out in the spiritual unity with the people is local boundary of the Russian Orthodox reached” (Pobedonostsev, 1996), and its Church, called the diocese" (The connection with the canonical sources of Orthodox Encyclopedia, 1912). This law in the synodal period was preserved. normative legal act established a number Moreover, this relationship took on the of new provisions relating to Tsarist- form of elaborated legal norms. Art. 6 of church relations. Its text regulated in the Charter points to both canonical and detail the rights and obligations assigned legislatively established sources of law, by the monarch to clergymen and other the circle of which was determined by persons involved in church the royal legal order: “The foundations administration. It also established the of the Diocesan administration and the order of local church administration and court are: a) The Law of God proposed the relationship of the Synod with the in the Holy Scriptures; b.) Canons or Emperor. Art. 2 determined the Rules of the Holy Apostles, Holy and subordination of the Spiritual Consistory Local Ecumenical Synods and of Holy to the Synod, the legal status of which Fathers; c) the Spiritual Regulations and was established as “The Collegium of the Highest Decrees and Decisions of the Government is nothing but a government Holy Governing Synod; d) Civil meeting” (CCL RE, 1912), which was Charters" (The Highest Approved subsequently agreed with the general Charter). rule of Art. 43 BCL 1832, as well as Art. The 1883 edition of the Charter of 65 BCL 1906: "In the administration of the Spiritual Consistories (The Highest the Church, the Autocratic Power acts Command to the Senate, 1886) did not through the Most Holy Governing Synod have significant changes. It also established by it" (CCL RE, 1912). consolidated the established legal Texts 6, 7, 8 of general provisions practice of relations between the tsarist of the Charter indicate that the Byzantine government and the clergy. At the same understanding of the ‘symphony’ of time, the legal framework set by the tsarist-church relations as of primarily a royal legislator did not affect the internal
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632 spiritual life of the church while hierarchy, under the control of chief maintaining its dogmatic independence. prosecutors and in the rare moments of Art. 7 and 8 of the general provisions of personal reports to the tsars, tried to the Charter established the obligation of break this blockade” (Florovsky, 2009), the diocesan authorities to supervise the which once again confirms the idea that purity of the dogmas of the Orthodox the majority of hierarchs, as in the XV- Church, of the confession of the state XVII centuries, did not have the task to faith by clergy and laity so that "the put the tsarist authority in subjection to Clergy preaches the Word of God in the spiritual authority, following the formula churches and instructs, at every of ‘symphony of authorities’. opportunity, the Orthodox people in The Charter on the Prevention and Faith and piety, and in obedience to the Suppression of Crimes was published in Authorities” (The Charter of the 1832, and entered into force on January Spiritual Consistories). In this way, the 1, 1835 and "normatively fixed crime rule of the ‘symphony of authorities’ was prevention as a category" (Ushanov, observed which provided for the 2011). In its various editions, it was Emperor’s obligation to “protect the true reprinted four more times, and in 1890 it dogmas of God” with the involvement of entered the Code of Statutes on the the local church leadership. Prevention and Suppression of Crimes, The law enforcement practice that incorporating all the previous changes. It developed during the synodal period was was based on the laws which operated at to a large extent explained by the different times from end of the XVII – legislatively established division of beginning of the XVIII centuries and competences between the reigning before the beginning of the XX century. monarch and the Holy Synod, which According to Art. 53 BCL 1832, the many researchers hastily assessed as an Charter acquired the force of state law. obstacle to the independent development Church life, in a number of its aspects of church life and regarded it as regarding the participation of lay people, government interference in the affairs of was regulated by the first four chapters the Church. However, both earlier and of the first section of the Charter. It later, in the XIX and early XX centuries, contained the rules of entry into the “never once has the law-abiding Russian church (CCL RE, 1912), the behavior of
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633 the laity during the service (CCL RE, church sacraments such as confession 1912), and upon arrival of the Members was determined in detail, which had the of the Imperial Family at the service character of excessive legal regulation (CCL RE, 1912). on the verge of interference if not into the A separate article, repeatedly essence of the church sacrament but into updated since the beginning of the XIX the preparation for it, which violated the century (which testified to the increased free will of the Christian to live in the attention of the legislator to the norms Church. The law replaced the clergy, included in it), regulated the procedure whose direct duty was to cultivate an for reporting violations of worship and independent desire among believers to church life established by the Charter. perform church ordinances. This article instructed to “rigorously Until 1906, the second chapter of inform” the Holy Synod and the Chief the Charter, called "On Preventing and Prosecutor of the incidents in the Suppressing Evasion of the Execution of churches. In turn, the Chief Prosecutor, Orthodox Church Rules," began with in accordance with the requirements of Articles 18-23 which established special this article, compiled statements on the measures for the “prevention and basis of reports received, which were suppression of evasion from confession regularly, once every four months, and Holy Communion”. With the submitted to the Tsar “at the Highest adoption of the Decree of April 17, 1905, Discretion”. More important reports of “On Strengthening the Principles of incidents in the churches had a different Tolerance,” the state of affairs changed, order of presentation. and the regulation of the relationship of Thus, from the consideration of the believers to church ordinances was legislative acts valid in XIX - beginning abolished and left entirely to their of XX centuries it is clear that the discretion (CCL RE, 1912). regulation of church life had the nature The trend towards legal of not only "supreme supervision of consolidation of the right to choose a church life by the state" and at the same religion and freedom of conversion to time local, direct "church supervision", another religion is also clearly visible as N. S. Suvorov writes about this. Until from the norms of the second section of 1906, even the order of organizing this chapter, which established a ban on
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634 the forcible resettlement of newly Due to the importance of issues baptized and people of other confessions related to the protection of religious to other places of residence if there were truths, the legislative regulation of the disputes between them regarding land confessional differences of the Christian tenure and worship (CCL RE, 1912). In religion was also under the direct Art. 66 of the BCL of 1906, the legislator supervision of the reigning Emperor. allowed all citizens of the Russian State This can be judged by documents and foreigners to use “the universally containing instructions to the Highest free administration of their faith and Orders on sending petitions of the Old worship according to the rites” (CCL Believers on instances to receive RE, 1912), and Art. 81 of 1906 indicated answers to these petitions (Note by the that Russian subjects enjoyed freedom of Old Believers, 1832), the submitters of faith, the conditions of which were which addressed the Russian autocrat (in determined by law (CCL RE, 1912). the framework of the provisions of the Moreover, relations between the BCL of 1832, and then 1906 (CCL RE, specially protected Orthodox religion 1912) as a patron "in the Fatherland of and other faiths were regulated taking the Eastern Catholic Apostolic into account Art. 68 and Art. 4 of 1906, Orthodoxy" (Note by the Old Believers, as well as the provisions of the "Code of 1867). At the same time, questions Institutions and Charters of the related to the dogmatic foundations of Department of Spiritual Affairs of the Christian religion were brought to a Foreign Confessions: Christian and collegiate church discussion and Gentiles": "Within the state, one received legal force only after the dominant Orthodox Church has the right adoption of the Highest Resolution of the to convince followers of other Christian Emperor. A positive decision on the confessions and Gentiles to accept its petition was taken only if the requests teaching on faith" (The Code of contained in it could be resolved in Institutions, 1857). Violation of the accordance with the Orthodox dogma. established rule entailed criminal prosecution (The Code of Institutions, 4. Discussion 1857). 4.1. Differences of opinion regarding the ‘symphony of
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635 authorities’. There are several main but on the practical legal relations. Its positions that researchers of tsarist- adherents proceed from the fact that “It church relations hold, all of them cannot be said that the Byzantine preceding either from substantiating the symphonic model of relations between priority of one of their subjects and their the Church and the state was ideal or was subordinate position in relation to it of strictly observed in practice, yet it was another subject, or from asserting their built on clear principles, deviations from equality. The arguments of one group of which were perceived extremely authors boil down to the fact that the negatively" (Desnitsky, 2000). There are priesthood which directly carries out the those convinced that the concept of task of saving human souls clearly tsarist power generally cannot be dominates, and the tsardom, as a described in terms of law, and refers to derivative material institution of secular an exclusively religious concept, as P. authority, which should ensure the Florensky wrote. M.V. Zyzykin believed fulfillment of this task, is obliged to obey there is an insurmountable difference the priesthood. Another group of between the royal and secular authorities researchers has the opposite opinion, and which may belong to the uncrowned its followers are convinced that the monarch or to any other person. Unable tsardom is higher than the priesthood. to cover the entire diverse palette of This is the most important division on views on tsarist-church relations, the the one side of which scholars who author of the present research singles out prefer the tsardom to the priesthood are the most characteristic works of those grouped, and on the other side there are authors that reflect the opinion of most of those who realize that the monarch their associates. occupying the hereditary throne is the 4.2. Apologetics of the priority of Head of the Church and plays a leading the clergy. The preferences that many role in the regulation of tsarist-church authors give to the priesthood over the relations due to his inherent exceptional tsardom are based on their understanding state-canonical legal status of the of the Byzantine historical and legal reigning crowned sovereign. There is a experience. In this regard, we should third group of authors which prefer to mention the famous Russian scientist focus not on theoretical considerations A.A. Vasiliev (1867-1953). In his
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636 opinion, the rule of Justinian, the title of great pontiff, that is, a religious ancestor of the ‘symphony’, was not at Head. Finally, Christianity itself in the all a collaboration of two types of lines of the Holy Scriptures spoke of the authorities. A.A. Vasiliev saw the divine origin of state power: “There is no dictator in Justinian, and called his rule power not from God, the existing of the empire ‘Caesarepapism’ (Vasiliev, authorities are established from God. 1998). Foreign scientists, such as J. Therefore, one who opposes authority Dragon, D. Geanakoplos, H.-G., Beck, opposes God's institution” (Rome 13: 1, S. Runciman, D. Hussey held similar 2). This helped the Byzantine emperors views; the same opinion was shared by to gradually concentrate in their hands G.A. Ostrogorsky, but contradicted by J. those functions that belonged to Meyendorff, V.V. Zenkovsky and E.I. representatives of the Church” Smirnov. The opinion of the supreme (Sorochan, 2011). L.Yu. Kostogryzova power of the Byzantine Basuleus as a writes about a clear demarcation of the manifestation of Caesarepapism is also sphere of authority between the tsardom expressed by the modern Ukrainian and the priesthood. She emphasizes that scientist S. B. Sorochan. Referring to the the tradition started by Justinian of VI-century church historian Zacharias normative regulation of royal-church Rhetor, who wrote: “The loving king relations was continued. Its completion should not only subjugate enemies and and ‘decorative design’ were done by the barbaric peoples but also neutralize the emperors Vasily I (867-886) and Leo VI traps of spiritual enemies and direct the the Wise (886-912), the authors of the light of true faith to the Orthodox last officially published collections of people”, Sorochan concludes that "This laws (Isagoge and Basilika), in which the was the idea of Caesarepapism – the idea spheres of secular and of church of a theocratic monarchy" (Sorochan, authority were divided, the competence 2011). Clarifying his conclusion, he of the emperor and of the patriarch was notes that “the Christian kings in established, and the contours of the Byzantium were the successors of pagan relations between these authorities were Roman emperors. Constantine the Great clearly outlined, based on the concept of and his successors up to Theodosius I at a symphony (Kostogryzova, 2007). the end of the IV century retained the
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637 According to Archbishop tsarist-church relations and the Seraphim (Sobolev), who belongs to separation of the legal functions of the those authors who consider the synodal sovereign and the clergy. This position period a violation of the ‘symphony of was held by many famous scientists authorities’, its idea came to Russia starting from the middle of the XIX through the Nomocanon of John century. According to T.V. Barsov Scholasticus, “where, according to his (1836-1904), a researcher in tsarist- teaching, the relations between the great church relations who was awarded the Moscow princes and tsars were degree of Doctor of Canon Law in 1888 normalized, right down to Alexei for his study “On the Canonical Element Mikhailovich who began its violation to in Church Administration”, and since the death of Russia" (Sobolev, 2002), 1889 the title of Honored Extraordinary that is, the dominance of tsarist power Professor of the St. Petersburg Academy over the Church in Muscovy until the of Arts, the idea of the symphony boiled reign of its last autocrat was not down to that "only such state discussed. The famous Russian interference in the affairs of the Church theologian and canonist E.V. Berdnikov which encroaches on faith itself is (1839-1915) advocated the restoration of forbidden" (The Orthodox the patriarchate in Russia and, thus, Encyclopedia). I.I. Sokolov gave a bringing the ‘symphony of power’ to its detailed explanation of the theory of original position. Exploring state-church ‘symphony of power’ at the beginning of relations in Byzantium, he pointed to the the XX century. He showed the role of the emperor as a legislator, since dominant role of the monarch in the without his participation church regulation of tsarist-church relations, provisions could not enter into force, and substantiating this argument with the fact noted that they became civil law only that “the tsar is the legislator, the after they were approved by the ruling supreme ruler and judge of the people. monarchs (Berdnikov, 1902), who The ultimate purpose of the tsar is to do themselves “issued many laws on church good, therefore the tsar is called the affairs" (Berdnikov, 1903). benefactor (ευεργέτης); the very nature 4.3. Recognition of the right of of royal power is perverted when the tsar the monarch to the regulation of is weakened in doing good deeds. In
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638 relation to the Church, the tsar is the Lashkarev (1873), and N.A. Zaozersky guardian of piety and law, the exact (1891). V. Sokolsky, for instance, performer and patron of church dogmas considered the "Sovereigns of Moscow and canons; he must be distinguished as deputies of the Orthodox Byzantine among all by zeal for God (Sokolov, kings’’ (Sokolsky, 1902). 1903). Russian Orthodox theologian and The most definite supporter of the historian of the Church F.A. Kurganov tsar’s dominance in matters of legal (1844-1920), like his pupil I.I. Sokolov regulation of tsarist-church relations is (1865-1939), completely rejected the the contemporary author E.A. Zhukov. idea of Caesarepapism in relation to In his study ‘Priesthood and Tsardom’, Byzantine state practice. Church relying on the argument regarding God's historian and Byzantinist N.A. establishment of the supreme autocratic Skabalanovich (1848-1918), Professor authority, he writes that it is Holy of the Department of the New Common Scripture that gives every reason to Civil History of Saint Petersburg affirm the priority of royal authority over Theological Academy, Doctor of spiritual authority (Zhukov, 2011). Theology and editor of ‘Church Herald’, Without diminishing the need to bring noted that the separation of functions of into study the interaction of the tsardom the authorities did not impede the right of and the priesthood of the books of the clergy to participate in many matters Old and New Testaments and patristic related to the implementation of internal literature in clarifying the dominance of and foreign policy of the Byzantine state imperial authority over spiritual (Skabalanovich, 2010). authority, one should obviously turn to The idea that the Byzantine legal the study of the connection between heritage had a noticeable influence on canonical and legal norms, as indicated the development of Russian statehood in by A.A. Dorskaya in her monograph general and on tsarist-church relations in “The Influence of Church Law on the particular was shared by researchers of Development of Branches of Russian the XIX and early XX centuries with Law” (Dorskaya, 2007). She believes various nuances. This was discussed, for that the ‘symphony of authorities’ example, by V. Sokolsky, A.N. Filippov retained its influence not only during the (1907), N.S. Suvorov (1908), P.A. period of Muscovy but also during the St.
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639 Petersburg period of the Russian defended the Orthodox faith and its monarchy. She rightly notes that the purity by means of state regulation, and, system of interaction between the if necessary, by methods of state Church and the state, based on the coercion. It is scientifically unproductive ‘symphony of authorities, did not to discuss the dominance of the tsardom disappear in Russia by the XVIII over the priesthood or vice versa, or to century. On the contrary, it finally assess the role of autocratic power from established itself (Dorskaya, 2008), and the Catholic point of view of the Church its elimination would lead to the and the state, thus making the conclusion destruction of the religious support of the about the Caesarepapism of the Russian Russian state’’, as Church historian S.A. sovereigns. The numerous legal Firsov (1996) adds. competences of two subjects of the tsarist-church legal relations in the 5. Conclusion Russian Empire were strictly measured It would be a mistake to believe by law, despite the fact that the unlimited that the ‘symphony of authorities’ legal nature of the tsarist government as brought out by the Byzantine emperor is one of the most important principles of some kind of ideal tsarist-church its organization affected the practice of relations based on the absolute equality regulating church life some cases both in of their two subjects – the tsardom and a positive and in a negative sense. the priesthood. Even a brief legal Another thing is that history always has analysis of the Justinian formula room for exceptions that do not define a (containing a hidden imperative norm general rule and therefore do not make it indicating the dominance of the ruling possible to take individual cases as the sovereign in regulating his relations with norm. This understandable consideration the Church) does not allow such relates, for example, to the widespread conclusion. Moreover, such conclusion misconception that the Russian clergy would not be justified for Russia during for the most part sought some kind of the period of Muscovy and the Russian complete freedom from the sovereignty Empire. Russian autocrats always played of the tsarist autocracy, including by a leading role in organizing church life, gaining power over it like the papal one. participated in its dogmatic debates and On the same basis, the synodal period of
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640 the Russian Empire is often evaluated as Azarevich, D. History of Byzantine law. a negative phenomenon, as the time of Part II. Yaroslavl, 1877. derogation of canonical legality by BCL 1906, April 23. Collection of means of state pressure, although there legalizations 603, P. 23. are no legal grounds for this conclusion. Berdnikov, I.S. A short course of church From the point of view of law, there are law of the Orthodox Church. Kazan, no violations in the change of patriarchal 1903. rule to the church-collegiate rule and in Berdnikov, I.S. The main principles of the further introduction of the reigning the church law of the Orthodox Church. autocrat as the Head of the Church into Kazan, 1902. the current legislation. Legally and Chicherin, B.N. Property and State. canonically, this step arose from a Moscow, 1882. special decision of the Patriarchs of Church Bulletin, 20(1913). Constantinople and Antioch, although Daniel, W.L. ‘‘The Sacred and the disputes about this have not subsided to Secular: The Russian Orthodox Church this day. Dissatisfaction of some clergy, and the Intelligentsia’’. Past csz 033 mainly in the early XX century, with the (July 2019). rules of the synodal period was caused https://doi.org/10.1093/jcs/csz033 by relations established by law between Desnitsky, A. ‘‘Priesthood and tsardom the ruling monarch and the clergy; this in the Russian public consciousness law provided for their implementation (from the history of one archetype)’’. through the Holy Synod acting as the Continent, No. 104. 2000. tsar’s organ of supreme autocratic power Dorskaya, A.A. The influence of church with special powers in relation to church law on the development of branches of activity. Russian law. SPb., 2007. Dorskaya, A.A. Church law in the References system of law of the Russian Empire of Archbishop Nikon (Rozhdestvensky). the late XVIII - early XX centuries: PhD My Diaries. Orthodox view of the thesis. Moscow, 2008. veneration of the name of God. Events on Dunn, D. J. ‘‘The Catholic Church and Mount Athos 1913. Lviv, 2003. Soviet Russia, 1917-1939.’’ Journal of Church and State, 60, No. 2 (March
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