Ecclesiastical Laws
Ecclesiastical Penalties

In this article we speak about the ancient ecclesiastical laws, known since the earliest ages of Christianity, and known in the days of the Ecumenical and Local Councils up to the middle of the fifth century AD, when the Church was extremely firm and very strict in dealing with believers, and in punishing them for their grave sins with public penalties.

The Source of the Authority of Punishment

The authority of the Church in punishment is a divine authority. The Lord said concerning it: “Truly I say to you, whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven.” He also said concerning the sinner: “And if he refuses to hear the church, let him be to you like a heathen and a tax collector” (Matt. 18:18, 17).

This ecclesiastical authority was exercised by Saint Peter the Apostle in his punishment of Ananias and Sapphira (Acts 5), and was also exercised by Saint Paul the Apostle in his punishment of the sinner of Corinth (1 Cor. 5:5), and in the curse he pronounced upon Elymas the sorcerer (Acts 13:11), as well as the penalty of anathema which he imposed upon everyone who errs in doctrine.

The divine intention of punishment was that the Church might preserve her holiness, that sinners might be restrained, and that there might be fear among the rest (1 Tim. 5:20) (Acts 5:11).

Ecclesiastical penalties have their extended roots in the Old Testament since the sin of Adam and Eve, and the fathers and prophets also practiced the imposition and execution of these penalties by divine authority.

Degrees and Types of Punishment

Ecclesiastical penalties are of degrees, differing according to the type of sin and the extent of its repetition. They fall upon whoever sins, and upon whoever falls short in his spiritual duties. Every fault has its weight and measure. The fathers established an important canonical rule, namely:
“It is not permissible to impose two penalties for one sin.”

An exception is made to this rule in the case of heresy and innovation, and every deviation from the sound faith. There is a sin whose penalty, with regard to the layman, is separation, whereas with regard to the priest his penalty is the deposition of his priestly rank without separating him from the congregation of the faithful.

But if a priest falls into heresy, both penalties are imposed together. He is deposed not only from his priestly rank, but from all priestly ranks regardless of how high he may have reached in them, and he is also separated from the congregation of the faithful. This is what happened with Arius the presbyter and with all who followed his heresy from bishops, presbyters, and deacons. Likewise, this is what happened with Nestorius, Patriarch of Constantinople, and before him with Macedonius, Patriarch of Constantinople. As for the monk, he may be deposed from his priesthood and his monasticism together if he becomes heretical, and he is separated from the congregation of the faithful—meaning that three penalties are imposed upon him.

What happens, for example, if a deacon or a presbyter marries after being widowed?

In this case, the deacon is deposed from the diaconal rank, and the priest is deposed from the presbyteral rank, but both remain within the congregation of the faithful.

If a monk-priest marries, he is deposed from the priesthood and removed from the rite of monasticism, but he is not separated from the congregation of the faithful; rather, he enters into a canon of repentance and does not partake of the Holy Mysteries as a breaker of vows until the period of his penalty ends. As for when it ends and how, this we shall speak about, God willing, on another occasion.

Excommunication

Excommunication is a word derived from two parts: Ex meaning outside or outward, and community meaning the congregation. Thus, the meaning of the penalty is expelling offenders outside the congregation of the faithful.

This is different from Anathema, which is imposed upon heretics.

Among its examples are the twelve anathemas which Saint Cyril the Great pronounced against Nestorius and everyone who falls into his heresies in detail. Another example is the saying of Saint Paul: “Even if we, or an angel from heaven, preach to you any other gospel than what we have preached to you, let him be anathema” (Gal. 1:8–9).

The person who is anathematized by the Church is said to be Anathematized. The person who is expelled from the Church is said to be Excommunicated. As for the priest who is deposed from his priestly rank, he is said to be Deposed, and cutting off from the priesthood is called Deposition. This is different from the suspension of a priest.

We mention all these expressions in order to distinguish between all these types of penalties, because many among the laity know nothing except the word “excommunicated.” It sometimes happens that a priest, in a state of anger, issues his judgment against one of the faithful and says to him, “You are excommunicated!”

This is done without defining the meaning or scope of this excommunication! Is it deprivation from Communion, for example? Or deprivation from entering the church? Or deprivation from the congregation of the faithful? And is it for a specific period or permanent? The punished person does not understand the meaning of this excommunication, and perhaps the priest himself has no specific meaning in mind for it! It is merely a word spoken in a moment of anger.

Of course, excommunication is supposed to be based on canons and on specific procedures. It is not permissible to use the word excommunication carelessly, without an ecclesiastical reason that warrants it according to the ecclesiastical laws. Nor is it permissible for it to be general and vague, without specifying what is meant by it; otherwise people fall into confusion and doubt, and they may lose confidence in ecclesiastical authority.

Ecclesiastical Penalties and the System of Choirs

In ancient times, ecclesiastical penalties were connected to the system of choirs and the method of church construction. The nave of the church did not represent one single open area, but was divided into sections called choirs, each separated from the other by a barrier with a door—a kind of railing.

The first section, closest to the sanctuary, was the Choir of the Faithful. Sometimes it was called the Choir of the Saints. It was the place of the faithful who had the right to attend all the prayers of the Divine Liturgy and to partake of the Holy Mysteries. They also had the right to offer their oblations, that is, their offerings, which are mentioned in the Litany of the Oblations.

This choir also permitted entry to penitents who were in the final stage of repentance, such that they were allowed merely to share with the faithful in attending the prayers of the Liturgy. However, they were not allowed to partake of the Holy Mysteries until the period imposed upon them in their repentance ended. Likewise, the Church did not allow these persons to offer oblations or gifts; that is, it did not accept such things from them. They were merely participants in prayer.

The Church did not accept oblations or gifts from sinners who were under ecclesiastical judgment, in accordance with the saying of divine inspiration in the Psalm: “Let not the oil of the sinner anoint my head” (Ps. 141), and the saying of Scripture: “You shall not bring the wages of a harlot into the house of the Lord” (Deut. 23:18).

Likewise, the Church does not accept oblations, money, or gifts from one who acquires his wealth through sinful means: the usurer who takes from the mouths of the poor and the needy, the maker of idols, and the one who gains by fraud, injustice, or through places of amusement—all these the Church does not accept their offerings.

Similarly, the sinner who is under ecclesiastical judgment and forbidden from Communion does not have his offerings accepted until the period of his penalty ends. Thus he feels the weight of his sin.

Now let us look at the degrees of penalties and their places within the choirs.

Degrees of Penalties and Their Places in the Choirs

The sinner was judged to a period of penalty, which might extend to many years, distributed according to his repentance over multiple choirs, until he finally reached the rank of beginners who participate in prayer with the faithful. What, then, are these degrees of penalties?

1. The Degree of the Weepers or Mourners Outside the Church
   These were not permitted to enter the church at all, but stood in the outer courtyard, weeping over their sins and imploring those entering and leaving to pray for them. Some or all of them wore sackcloth in humility, in accordance with the saying of Scripture: “Holiness adorns Your house, O Lord” (Ps. 93).

If the repentant sinner completed this period as required, he moved to:

2. The Choir of the Hearers or the Choir of the Catechumens
   This was a vestibule at the back of the church. He was permitted there to listen to the ecclesiastical readings from the Pauline Epistle, the Catholic Epistles, the Acts of the Apostles, and the Gospel, and also to listen to the sermon. After that, he would leave and would not hear the prayers of the Liturgy.

In this choir, Jews, Gentiles, and the rest of the catechumens were also allowed to enter. Before the lifting of the Oblations and the beginning of the Liturgy, a deacon would stand and say, “Let no catechumen or unbeliever remain,” and everyone in this choir would leave.

3. The Choir of the Kneelers
   This was the choir closest to the place of the faithful. These were not permitted to attend the Divine Liturgy nor to offer oblations. However, because of their advancement over others in repentance, their position advanced. They attended what was permitted for the catechumens while kneeling, or it was said that before their departure they would kneel and the bishop or priest would pray a prayer over them and dismiss them, so they would not attend the Liturgy of the Saints. After completing their period, they would progress to the rank of those who participate in prayer.

4. The Degree of the Penitents Who Participate in Prayer
   This was the final period that the penitent spent in his canon of repentance and during the period of his penalty. When it ended, he was permitted to partake of Communion, and the Church was permitted to accept his oblations, as we have previously explained.

The End of the Application of This System of Penalties

At present, this system of penalties is not applied in any of the churches of the world. People are no longer able to bear it, especially since it was public. It corresponded with contrition of heart in repentance and with its publicity, which we do not find now. People used to endure penalties that sometimes extended to seven years, to ten years, and to twenty years.

Who can endure these penalties now?! No one.

Therefore, the Catholic Church abolished these penalties that existed in the ancient canons long ago. Likewise, the Byzantine or Greek Orthodox Churches abolished them since the eleventh century. The system of choirs also ended in all church buildings a long time ago.

An article by Pope Shenouda III – Al-Keraza Magazine – Issues 11–12, Thirty-Seventh Year – dated May 1, 2009.

For better translation support, please contact the center.