Ecclesiastical Penalties
Ecclesiastical Penalties
Penalties of the Clergy:
Just as a layperson, if he errs, is subjected to an ecclesiastical penalty, likewise the clergy, if they err, the laws impose upon them a penalty. Thus justice prevails in the holy Church of God. And with God there is no favoritism.
Every rank of the priesthood has the right to appeal from itself. If it is not vindicated, it may complain to a higher rank than it. And thus up to the Patriarch, then to the Holy Synod with its specialized committees, or in its general assembly.
Some think that the clergy are judged only if they become heretical! This is a clear mistake. There are many matters for which judgment may be rendered against all ranks of the priesthood.
Judgments vary in their severity or in their 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 a judgment of suspension may be issued, as a precautionary or preventive measure, until the investigation is completed and the appropriate judgment is issued. This suspension may be from one sacrament or more of the sacraments of the Church. For example, a priest may be suspended from administering the sacrament of marriage, if he manipulates this matter and permits 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 eyesight, or has trembling in his hand, or lacks care such that parts of the Holy Mysteries are spilled, dropped, or affected. A priest may also be suspended from hearing confessions if there is a reason that calls for that.
The suspension may be precautionary, until the investigation is completed. It may be for a specific period. It may be permanent with regard to one or more of the sacraments.
As for permanent suspension from all priestly duties, it is considered as if it were defrocking. In all cases, permanent suspension must be after a trial in which the priest is given the opportunity to defend himself, for his innocence may be proven.
No Judgment Without a Trial
If a bishop judges a priest by cutting him off from the priesthood without investigation and trial, he has committed 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 men of religion, who are supposed to present an example in this matter?!
It is of no value for one of them to say: I judged after listening to many witnesses!!
How easy it is to find false witnesses. The Lord Christ Himself had false witnesses brought against Him (Matt. 26:60–61). 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 of the deacons, had false witnesses brought against him (Acts 6:13). Likewise Saint Abba Macarius the Great, and Saint Mar Ephrem the Syrian.
Therefore, the words of witnesses need discussion, confrontation, and investigation.
In the justice of civil courts, not every testimony is accepted; rather, witnesses are examined, confronted with the accused, and investigated. The court appoints on its own a lawyer for the accused if no lawyer stands by him. How much more the investigation conducted by men of religion, and their judgments which ought to be issued after much deliberation and confirmation. Therefore, the Didascalia says to the bishop: Do not be hasty to cut off, nor rash, and do not use the sharp-toothed saw.
Preventive Conditions
Therefore, the ecclesiastical laws, as well as the Holy Scripture itself, stipulated that the bishop should not be quick-tempered nor violent, but prudent and self-controlled (Titus 1:7–8), and also not arrogant (1 Tim. 3:6). It also stipulated that he be one who rightly divides the word of truth (2 Tim. 2:15). From the Church’s concern for this quality, it placed it in the Divine Liturgy, in the Litany of the Fathers. The laws also stipulated that the bishop be long-suffering and also a student of the Scriptures, of the law and the canons, fit to teach (1 Tim. 3:2), so that when he judges, his judgment will be in accordance with sound teaching, with no error in it.
After all this, we return to speaking about the specific judgments concerning the clergy:
If a Priest Is Ordained by Simony
Simony is the purchase of the gifts of the Holy Spirit with money, as Simon the sorcerer attempted, so Peter the Apostle cursed him and said to him, “May your money perish with you” (Acts 8:20). The laws judged as follows:
The priest who is ordained by simony is cut off, and the one who ordained him is also cut off.
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 be cut off, and let him have no communion at all, just as I, Peter, did to Simon.
Likewise, If Someone 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 one rank, let him be cut off, and the one who ordained him, except if it is proven that his first ordination or promotion was from a heretic. For those who are baptized or ordained by such people cannot be counted as believers or as clergy.
If the Priest Is Violent
It is stated in the Apostolic Canons (2:18): Any bishop, presbyter, or deacon who strikes a believer or an unbeliever if he errs, intending by that act to make people submit, we command that he be cut off. For the Lord did not teach us to do thus. Striking involves humiliating people and does not agree with the compassion of the fathers and respect for humanity. Therefore, it is canonically forbidden.
If the Priest Insults His Bishop
It is stated on this subject in the Didascalia: If the one who says to his brother, “You fool,” is worthy of the fire of Gehenna (Matt. 5), then how about the one who says a word of evil against his bishop, who by the laying on of hands receives the Holy Spirit?!
It is stated in the Apostolic Canons (2:38): If one of the clergy insults the bishop, let him be cut off, because the Scripture says, “You shall not speak evil of a ruler of your people” (Acts 23:5).
If one of the clergy insults a presbyter or a deacon, let him be suspended. If one of the clergy mocks a lame person, or a blind person, or a paralytic, let him be suspended. And the same is done to a layperson if he does this.
If He Gives Money at Interest
It is stated in the Apostolic Canons (2:13): Any bishop, presbyter, or deacon who demands usury from one he lends to, either let him desist, or else let him be cut off. It is also stated in Canon 17 of the Holy Ecumenical Council of Nicaea that anyone of any priestly rank who lends at interest is deposed from the priesthood.
If He Engages in Secular Work
It is stated in the Apostolic Canons (2:5): A bishop, presbyter, or deacon shall not engage in any secular work. If he does engage in it, let him be cut off. For it is required of the clergy to be devoted to the Lord, as our teacher Peter the Apostle said to the Lord, “We have left all and followed You.”
If He Participates in the Liturgy and Does Not Commune
The ecclesiastical laws say that 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 prevented him from this: if it was necessary, let him be forgiven. If he does not state the reason, let him be suspended, because he has become a cause of confusion for the people or that the people may incur sin.
What is meant by this law is like the priest who wears the vestments of service and participates in the Divine Liturgy and does not partake. Therefore, it was said in the same law, let him be suspended, because he was a cause for the people to sin and made them doubt the one who carried the offerings.
If He Refuses the Repentance of the Repentant
The ecclesiastical law says that if the 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 grieved the heart of the Lord who said that there is joy in heaven over one sinner who repents (Luke 15:10).
If He Neglects Pastoral Care
The Apostolic Canons say that 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 suspended, and if he persists in his negligence, let him be cut off. The Apostolic Canons also say that if a bishop is ordained and does not preach and serve and does not care for the people entrusted to him, let him be suspended until he preaches, and likewise the presbyter.
It is understood, of course, that this applies if he has this gift and does not preach due to negligence and lack of care. But if he does not have this gift, then it is required that he care for the people by completing the preaching through preachers who satisfy the people with teaching. It is also stated in the canons that any bishop or presbyter who neglects one in need from the clergy and does not provide him with what supports him, let him be suspended; and if he persists in neglect, let him be cut off as a killer of a brother.
If the Priest Separates from His Bishop
It is stated in the fifth canon of the Holy Council of Antioch:
Any presbyter or deacon who separates himself from his bishop and establishes for himself a private altar and a private congregation is also cut off. He is to be deposed with a deposition with no hope of returning to service.
An article by His Holiness Pope Shenouda III – in Al-Keraza Magazine – the thirty-seventh year (issues 13, 14), 29-5-2009.
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