Ecclesiastical Penalties
Ecclesiastical Penalties
Penalties of the Clergy:
Just as a layperson, if he sins, is subjected to an ecclesiastical penalty, so also the clergy, if they err, the canons impose penalties upon them. Thus justice prevails in the holy Church of God, and there is no partiality with God.
Every rank of the priesthood can appeal to its own level; if it does not grant justice, one may complain to a higher rank, and so on until reaching the Patriarch, then the Holy Synod with its specialized committees, or its general assembly.
Some think that the clergy are judged only if they fall into heresy! This is an obvious error. There are many matters for which all ranks of the priesthood may be judged.
Judgments vary in severity or in duration, according to the nature of the sins or according to their repetition.
Judgment of Suspension from Priestly Service
There are urgent matters in which suspension may be decreed as a precautionary or preventive measure, until investigation is completed and the appropriate judgment is issued. This suspension may be from one sacrament or more of the Church’s sacraments. For example, a priest may be suspended from performing the sacrament of marriage if he manipulates this matter and allows the marriage of those who have canonical impediments to marriage. Or he may be prevented from celebrating the Divine Liturgy if he has lost his sight, or has a tremor in his hand, or lacks care such that parts of the holy mysteries are spilled, dropped, or scattered. A priest may also be suspended from receiving confessions if there is a reason that calls for this.
The suspension may be precautionary until investigation is completed, or for a specified period, or permanently with regard to one sacrament or more.
As for permanent suspension from all priestly works, it is considered as though it were defrocking. In any case, permanent suspension must follow a trial in which the priest is given the opportunity to defend himself, for his innocence may be established.
No Judgment without a Trial
If a bishop judges a priest by cutting him off from the priesthood without investigation and trial, he commits an ecclesiastical error that exposes himself to investigation and trial.
For if the people of the world do not judge except after investigation and trial and giving an opportunity for defense, how much more should the men of religion, who are supposed to present an ideal example in this matter?!
It is of no value for one to say, “I judged after listening to many witnesses!!”
How easy it is for false witnesses to exist… The Lord Christ Himself had false witnesses brought against Him (Matt. 26:60). Naboth the Jezreelite—Queen Jezebel was able to bring false witnesses who said that he had blasphemed (1 Kings 21:10, 13). Saint Stephen, the first deacon, had false witnesses rise against him (Acts 6:13). Saint Athanasius the Apostolic had false witnesses brought against him, as did Saint Abba Macarius the Great and Saint Ephrem the Syrian…
Therefore, the words of witnesses need discussion, confrontation, and investigation.
In the justice of civil courts, not every testimony is accepted; witnesses are questioned, confronted with the accused, investigations are conducted, and the court itself appoints a lawyer for the accused if no lawyer stands beside him. How much more should investigations conducted by men of religion, and their judgments, be issued after much deliberation and verification… Therefore the Didascalia says to the bishop:
Do not be quick to cut off, nor rash, nor use a saw with sharp teeth…
Preventive Conditions
Therefore, the ecclesiastical canons, as well as Holy Scripture itself, stipulated that “a bishop must be… not quick-tempered, not violent, but self-controlled” (Titus 1:7–8), and also not conceited (1 Tim. 3:3, 6). It also stipulated that he be “rightly dividing the word of truth” (2 Tim. 2:15).
Out of the Church’s concern for this quality, it placed it in the Divine Liturgy, in the Litany of the Fathers, and the canons required that the bishop be “long-suffering,” and also learned in Scripture, in the Law and the canons, “able to teach” (1 Tim. 3:2), so that when he judges, his judgment conforms to sound teaching, without error.
After all this, we return to speaking about judgments concerning the clergy:
If a Priest Is Ordained through Simony:
Simony is the purchase of the gifts of the Holy Spirit with money, as Simon the sorcerer attempted, whom the Apostle Peter cursed, saying to him: “Your money perish with you” (Acts 8:20). The canons judged as follows:
The priest who is ordained through simony is cut off, as well as the one who ordained him.
It is stated in the Apostolic Canons (2:20): Any bishop, presbyter, or deacon who obtains this rank by bribery, let him be cut off, and the one who ordained him also, and let him have no communion at all, as I Peter did with Simon…
If One Receives Two Ordinations in the Same Rank:
It is stated in the Apostolic Canons (2:48): If a bishop, presbyter, or deacon receives two ordinations in the same rank, let him be cut off, as well as the one who ordained him—except if it is proven that his first ordination or imposition of hands was from a heretic, for those who are baptized or ordained by such people cannot be counted as believers or as clergy.
If a Priest Is Violent:
It is stated in the Apostolic Canons (2:18): “Any bishop, presbyter, or deacon who strikes a believer or an unbeliever when he errs, wishing by that act to frighten people, we command that he be cut off, for the Lord did not teach us to do so.”
Striking contains humiliation of people and does not agree with fatherly tenderness and respect for humanity; therefore, it is canonically forbidden.
If a Priest Insults His Bishop:
The Didascalia states that if one who says to his brother “You fool” “shall be liable to the fire of Gehenna” (Matt. 5:22), then how much more one who speaks an evil word against his bishop, who by the laying on of hands receives the Holy Spirit?!
The Apostolic Canons (2:38) state: “If one of the clergy reviles the bishop, let him be cut off, for Scripture says: ‘You shall not speak evil of a ruler of your people’” (Acts 23:5).
“And if one of the clergy reviles a presbyter or deacon, let him be separated; and if one of the clergy mocks a lame, blind, or crippled person, let him be separated.” The same applies to a layperson who does this.
If He Lends Money with Usury:
The Apostolic Canons (2:13) state: “Any bishop, presbyter, or deacon who demands usury from one to whom he lends, either let him cease from this, or else let him be cut off.” Likewise, Canon 17 of the Holy Ecumenical Council of Nicaea states: “Let any holder of a priestly rank who lends with usury fall from the priesthood.”
If He Engages in Secular Occupations:
The Apostolic Canons (2:5) state: “Let no bishop, presbyter, or deacon engage in any secular work; if he does so, let him be cut off.”
This is because the clergy are supposed to be devoted to the Lord, as our teacher the Apostle Peter said to the Lord: “See, we have left all and followed You” (Matt. 19:27; Mark 10:28; Luke 18:28).
If He Participates in the Liturgy and Does Not Commune:
The ecclesiastical canons state: “If a bishop, presbyter, or one of the clergy does not partake of the offerings at the time of the Liturgy, unless he states the reason that prevents him from doing so—if he gives a reason, let him be forgiven; but if he does not state a reason, let him be separated, because he has become a cause of confusion for the people,” or “that there be sin for the people.”
What is meant by this canon is a priest who wears the vestments of service and participates in the Divine Liturgy but does not commune. Therefore it was said in the same canon: “Let him be separated, because he became a cause for the people to have sin and made them doubt the one who carried the offerings.”
If He Refuses the Repentance of a Penitent:
The ecclesiastical canon says: “If a bishop, presbyter, or deacon does not desire to accept the one who has returned from his sin, let him be cut off, because he has pained the heart of the Lord who said: ‘There is joy in the presence of the angels of God over one sinner who repents’” (Luke 15:10).
If He Neglects Pastoral Care:
The Apostolic Canons state: “If a bishop or presbyter is negligent toward the clergy or the people and does not teach them the service of God, let him be separated; and if he persists in his negligence, let him be cut off.”
They also state: “If a bishop is ordained and does not preach and serve, and does not care for the people entrusted to him, let him be separated until he preaches; and likewise the presbyter.”
Of course, this applies if he has the gift and does not preach out of negligence and lack of care. But if he does not have this gift, he is required to care for the people by supplementing preaching through preachers who satisfy the people with teaching. The canons also state: “Any bishop or presbyter who neglects one in need among the clergy and does not support him with what sustains him, let him be separated; and if he persists in neglect, let him be cut off as a murderer.”
If a Priest Separates Himself from His Bishop:
Canon Five of the Holy Council of Antioch states:
“Any presbyter or deacon who separates himself from his bishop and sets up for himself a separate altar and a separate congregation is also cut off; let him be deposed with no hope of returning to service.”
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