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Legislation of the Romanian Country, from the Phanariot era, regarding the Church and its canonical-juridical institutions
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Publisher: Editura Universitară
Author: Cosmin-Ionut Tudor
Edition: I
Pages: 328
Publisher year: 2024
ISBN: 978-606-28-1909-5
DOI: https://doi.org/10.5682/9786062819095
Product Code:
9786062819095
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Legislation of the Romanian Country, from the Phanariot era, regarding the Church and its canonical-juridical institutions
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Abbreviations/7
Preface/9
Introduction/13
I. The Sources of Written Law, concerning the Church in the Romanian Country, in the Phanariot era/29
1. Canonical legislation/29
2. Nomocanonical legislation/38
3. State legislation/54
II. Collections of laws, state and church, from the era fanariota/61
1. Legislative codes and normative acts developed and published, in the Romanian Country, during the Fanariot era/ 63
a. The nomocanon of Gheorghe of Trebizond. Context and content/63
b. The settlements of Constantin Mavrocordat. Context and content/67
c. Fotino's Law Manual. Context and content/70
d. Pravilnicea Condica. Context and content/78
e. Legislation Caragea. Context and content/86
f. Other legislative documents/107
i. Externally/107
ii. Internally/111
2. Canonical and nomocanonical collections (Greek, Slavic and Romanian)/118
III. The main legal canonical institutions of the Church in Romania, from the Phanariot era and their legal canonical bases/123
1. Parish/129
2. Monastery/142
3. Episcopacy/158
4. Metropolia/166
5. The canonical legal institution of the Kindred. Provisions of state and church legislation from the Phanariot era/181
6. Marriage and its institutional character in the Phanariot era/189
a. The canonical and nomocanonical bases of marriage/ 189
b. Norms of the state legislation regarding marriage/ 196
7. The royal and ecclesiastical judgment in the Phanariot era/205
a. Ecclesiastical judgment and its canonical and nomocanonical bases/ 205
b. The royal judgment in the light of the Phanariote legislation/213
c. Provisions of the Phanariote legislation regarding secular and ecclesiastical judgment/233
d. The principle provisions enunciated by the church legislation (canonical and nomocanonical), concerning the judgment, stated in the text of the Phanariote legislation of the Romanian Country/253
8. The institution of property and its legal canonical bases/256
a. Norms of Phanariote legislation (state and church)/256
b. The impact of the provisions of Byzantine Law (state and ecclesiastical) on the regulations regarding the administration of goods, in the Phanariot era, in the Romanian Country/282
Conclusions /285
Bibliography / 299
Preface/9
Introduction/13
I. The Sources of Written Law, concerning the Church in the Romanian Country, in the Phanariot era/29
1. Canonical legislation/29
2. Nomocanonical legislation/38
3. State legislation/54
II. Collections of laws, state and church, from the era fanariota/61
1. Legislative codes and normative acts developed and published, in the Romanian Country, during the Fanariot era/ 63
a. The nomocanon of Gheorghe of Trebizond. Context and content/63
b. The settlements of Constantin Mavrocordat. Context and content/67
c. Fotino's Law Manual. Context and content/70
d. Pravilnicea Condica. Context and content/78
e. Legislation Caragea. Context and content/86
f. Other legislative documents/107
i. Externally/107
ii. Internally/111
2. Canonical and nomocanonical collections (Greek, Slavic and Romanian)/118
III. The main legal canonical institutions of the Church in Romania, from the Phanariot era and their legal canonical bases/123
1. Parish/129
2. Monastery/142
3. Episcopacy/158
4. Metropolia/166
5. The canonical legal institution of the Kindred. Provisions of state and church legislation from the Phanariot era/181
6. Marriage and its institutional character in the Phanariot era/189
a. The canonical and nomocanonical bases of marriage/ 189
b. Norms of the state legislation regarding marriage/ 196
7. The royal and ecclesiastical judgment in the Phanariot era/205
a. Ecclesiastical judgment and its canonical and nomocanonical bases/ 205
b. The royal judgment in the light of the Phanariote legislation/213
c. Provisions of the Phanariote legislation regarding secular and ecclesiastical judgment/233
d. The principle provisions enunciated by the church legislation (canonical and nomocanonical), concerning the judgment, stated in the text of the Phanariote legislation of the Romanian Country/253
8. The institution of property and its legal canonical bases/256
a. Norms of Phanariote legislation (state and church)/256
b. The impact of the provisions of Byzantine Law (state and ecclesiastical) on the regulations regarding the administration of goods, in the Phanariot era, in the Romanian Country/282
Conclusions /285
Bibliography / 299
The importance and topicality of this work, "Legislation of the Romanian Country, from the Phanariot era, regarding the Church and its canonical-juridical institutions", - prepared by prof. Dr. Cosmin Ionut Tudor - it is reflected even by its title, which has a pronounced novelty character in the landscape of specialized literature (legal, canonical-ecclesiological and historical).
Among other things, the author of this work - developed in accordance with the provisions of the research methodology and scientific writing, and in the spirit of the rigors imposed by the academic research work - has the merit of having brought to the attention of the specialized literature the way in which they were some of the old juridical-canonical institutions of the Romanian Country were established and functioned during the Phanariot era.
About this tumultuous era in the history of our country and our Church, some historians and jurists have stated that it was also marked by a pronounced humanist spirit, but not one of Christian, Byzantine origin, but of Western nature.
Experts in the field of Old Romanian Law have, however, observed the fact that this era is characterized by the reaffirmation and valorization of the principle provisions enunciated by the norms of Byzantine legislation, i.e. of "jus romanum novum" (New Roman Law), and not those of Western Christian legislation , from the Phanariot era, even if some works of western jurists - familiar with Roman law - were useful to the authors of the Country Rules Romanian, from that period of time, in the arrangement and exposition of the elements of secular and canonical law of Byzantine origin.
Of course, the fact that, in the Danubian-Pontico-Carpathian area, the imperial, Christian legislation, including the one that circulated in the form of the Nomocanoans (Rules), was known and applied on Romanian land many centuries before the legislation should not be ignored or hidden. western secular.
Canonical legislation, of Eastern origin, was officially received on Romanian soil since the time of the first Christian Ecumenical Parliament, i.e. of the first Ecumenical Synod (Nicaea 325), from which council the "Scythian" was not missing either (cf. History of Eusebiu of Caesarea) , rightly the Tomitan bishop from Scythia Minor (today's Romanian Dobrogea).
It is also indisputable that the nomocanonical legislation and its Collections have been received on Romanian soil since the time of their appearance, namely from the time of Emperor Justinian (527-565), who reconquered and ruled a part of the North-Danubian territory .
I must also note the fact that the creation of this book is the result of years of study and research, which its author submitted through various Archives and Libraries in the country, which allowed him to get to know the text important historical, ecclesiological, legal and canonical documents. However, precisely through such a scientific approach, his Lordship was able to familiarize himself not only with the topic of the subject, whose interdisciplinary content gives his work a certain scientific value, but also with a diverse and rich specialized literature.
These introductory considerations find their coverage in the text of the book, embodied in the 328 pages, to which are added a few dozen pages filled with a prolific and diverse specialized bibliography.
From the content of the work, the informed reader can easily ascertain the fact that, in its text, the documentary information was structured in a laborious and judicious manner, and its ideational thinking accompanies the guiding idea that dominated its author, namely the fact that the institutions of the Orthodox Church in Romania, from the Phanariot era, had not only a canonical and nomocanonical basis, but also a state juridical one, the basis of which was found in the Byzantine state legislation regarding Church. Moreover, it is not by chance that the reader of the work is familiar from the text of the first part with the sources of the ancient written Romanian Law, of Roman and Byzantine origin, which, unfortunately, is rarely mentioned in the specialized literature nowadays.
From the second part of the work, the reader has the opportunity to learn about the Collections of state and church legislation, existing in Romania during the Phanariot era, and which peremptorily attest to the fact that canonical and nomocanonical legislation - along with customary law or customary of the country - were the basis and lever of resistance of the main institutions of the Romanian society at that time, i.e. the State and the Church, which - despite some syncopes in the history of their relations - they experienced a "symphonic" type of collaboration, of post-Byzantine origins, in the Romanian Countries as well.
In the third part of the work, the reader has the opportunity to note that the main canonical-juridical institutions of the Church in Romania, from that time, were organized and functioned on the basis of the canonical and nomocanonical legislation of the Eastern Church, which proves to us the fact that , on Romanian land, there really was a "Byzance after Byzance" (N. Iorga) and in this regard.
And, in order to educate the reader about what was stated in the lines above, regarding the documentary and scientific value of the book, we will bring some testimonies. For example, from the Introduction it can be seen that, for its author, the "goal" of researching this topic was actually the one that empowered him and gave him the opportunity to present to us and evaluate the canonical-legal regime of the main institutions of the Church in the era fanariota, hence his pertinent and competent considerations and evaluations regarding their canonical-legal bases.
We also saw the fact that, in approaching the subject, the author of the work did not limit himself only to the testimonies of "jus scriptum", be it state or church, but also appealed to the testimonies of the old Romanian Law, i.e. the "Law of the Land", whose constitutive elements were customary law (cf. p. 21-22) and "jus scriptum" or "jus positivum".
The author makes another pertinent statement, judiciously expressed, and when he confesses that, "by studying the regulations from the Phanariot period, regarding the Church, he actually participates in the continuation of the research on the proper legislation, legislation that culminates in the 17th century, so in the century before the Phanariot reigns" (p. 21), which, however, expects teachers familiar with both the Greek and Slavonic languages, as well as with the norms of "jus romanum", Old and New (aka Byzantine Law).
I also found justified and edifying the statement regarding "the way in which state and church legislation, elaborated during the Phanariot regime, was related to the main canonical-legal institutions of the Church of the Romanian Land" (p. 123), whose presentation assumed, according to the author's statement, "a scientific approach whose complexity was given both by the volume of norms and normative acts consulted, as well as by the diversity analyzed subjects" (p. 123). But, it was precisely this set of norms and normative acts that the Lordship researched and evaluated - they made it possible, initially, through his Thesis, and now through this book, to make a scientific contribution that established him among the specialists of brand in the field of Romanian Law from the Fanariot era.
From the text of this book, the reader has the opportunity to state abundantly that, in illo tempore, the two basic institutions of the Romanian society were the State and the Church, and that the two constitutive elements of the old Romanian Law were the Custom of the Country and the Byzantine Law.
This reality forced the author to research the impact that the Custom of the Country and the Byzantine Legislation had both in the process of drafting the legislation of the Romanian Country in the Phanariot era, as well as the ways of applying its provisions regarding the canonical-legal institutions of the Church , about which the researches done up to now are incomplete, because their authors were not familiar with the text of the two legislations, i.e. Byzantine and ancient Romanian, in which "consuetudo" and "lex" knew a way of symbiotic coexistence, which over the centuries gave birth to Jus Valachicum.
I therefore consider that it is the merit of Dr. Cosmin-Ionut Tudor to remind us - through his book - of the imperative need for today's jurists, secular or ecclesiastical, to return ad fontes to be able to understand both the history of the old Romanian Law, as well as the old "Foundations" of the two basic institutions of the Romanian nation, the State and the Church.
I therefore recommend Romanian jurists, theologians and historians to linger carefully and willingly on the pages of the book that Mr. Prof. Dr. Cosmin-Ionut Tudor, because it can serve as a vadem mecum for any research work on the legislation of the Phanariot era concerning the institutions of the Church, which the national poet called the "Mother of the Romanian Nation" (Mihai Eminescu).
Among other things, the author of this work - developed in accordance with the provisions of the research methodology and scientific writing, and in the spirit of the rigors imposed by the academic research work - has the merit of having brought to the attention of the specialized literature the way in which they were some of the old juridical-canonical institutions of the Romanian Country were established and functioned during the Phanariot era.
About this tumultuous era in the history of our country and our Church, some historians and jurists have stated that it was also marked by a pronounced humanist spirit, but not one of Christian, Byzantine origin, but of Western nature.
Experts in the field of Old Romanian Law have, however, observed the fact that this era is characterized by the reaffirmation and valorization of the principle provisions enunciated by the norms of Byzantine legislation, i.e. of "jus romanum novum" (New Roman Law), and not those of Western Christian legislation , from the Phanariot era, even if some works of western jurists - familiar with Roman law - were useful to the authors of the Country Rules Romanian, from that period of time, in the arrangement and exposition of the elements of secular and canonical law of Byzantine origin.
Of course, the fact that, in the Danubian-Pontico-Carpathian area, the imperial, Christian legislation, including the one that circulated in the form of the Nomocanoans (Rules), was known and applied on Romanian land many centuries before the legislation should not be ignored or hidden. western secular.
Canonical legislation, of Eastern origin, was officially received on Romanian soil since the time of the first Christian Ecumenical Parliament, i.e. of the first Ecumenical Synod (Nicaea 325), from which council the "Scythian" was not missing either (cf. History of Eusebiu of Caesarea) , rightly the Tomitan bishop from Scythia Minor (today's Romanian Dobrogea).
It is also indisputable that the nomocanonical legislation and its Collections have been received on Romanian soil since the time of their appearance, namely from the time of Emperor Justinian (527-565), who reconquered and ruled a part of the North-Danubian territory .
I must also note the fact that the creation of this book is the result of years of study and research, which its author submitted through various Archives and Libraries in the country, which allowed him to get to know the text important historical, ecclesiological, legal and canonical documents. However, precisely through such a scientific approach, his Lordship was able to familiarize himself not only with the topic of the subject, whose interdisciplinary content gives his work a certain scientific value, but also with a diverse and rich specialized literature.
These introductory considerations find their coverage in the text of the book, embodied in the 328 pages, to which are added a few dozen pages filled with a prolific and diverse specialized bibliography.
From the content of the work, the informed reader can easily ascertain the fact that, in its text, the documentary information was structured in a laborious and judicious manner, and its ideational thinking accompanies the guiding idea that dominated its author, namely the fact that the institutions of the Orthodox Church in Romania, from the Phanariot era, had not only a canonical and nomocanonical basis, but also a state juridical one, the basis of which was found in the Byzantine state legislation regarding Church. Moreover, it is not by chance that the reader of the work is familiar from the text of the first part with the sources of the ancient written Romanian Law, of Roman and Byzantine origin, which, unfortunately, is rarely mentioned in the specialized literature nowadays.
From the second part of the work, the reader has the opportunity to learn about the Collections of state and church legislation, existing in Romania during the Phanariot era, and which peremptorily attest to the fact that canonical and nomocanonical legislation - along with customary law or customary of the country - were the basis and lever of resistance of the main institutions of the Romanian society at that time, i.e. the State and the Church, which - despite some syncopes in the history of their relations - they experienced a "symphonic" type of collaboration, of post-Byzantine origins, in the Romanian Countries as well.
In the third part of the work, the reader has the opportunity to note that the main canonical-juridical institutions of the Church in Romania, from that time, were organized and functioned on the basis of the canonical and nomocanonical legislation of the Eastern Church, which proves to us the fact that , on Romanian land, there really was a "Byzance after Byzance" (N. Iorga) and in this regard.
And, in order to educate the reader about what was stated in the lines above, regarding the documentary and scientific value of the book, we will bring some testimonies. For example, from the Introduction it can be seen that, for its author, the "goal" of researching this topic was actually the one that empowered him and gave him the opportunity to present to us and evaluate the canonical-legal regime of the main institutions of the Church in the era fanariota, hence his pertinent and competent considerations and evaluations regarding their canonical-legal bases.
We also saw the fact that, in approaching the subject, the author of the work did not limit himself only to the testimonies of "jus scriptum", be it state or church, but also appealed to the testimonies of the old Romanian Law, i.e. the "Law of the Land", whose constitutive elements were customary law (cf. p. 21-22) and "jus scriptum" or "jus positivum".
The author makes another pertinent statement, judiciously expressed, and when he confesses that, "by studying the regulations from the Phanariot period, regarding the Church, he actually participates in the continuation of the research on the proper legislation, legislation that culminates in the 17th century, so in the century before the Phanariot reigns" (p. 21), which, however, expects teachers familiar with both the Greek and Slavonic languages, as well as with the norms of "jus romanum", Old and New (aka Byzantine Law).
I also found justified and edifying the statement regarding "the way in which state and church legislation, elaborated during the Phanariot regime, was related to the main canonical-legal institutions of the Church of the Romanian Land" (p. 123), whose presentation assumed, according to the author's statement, "a scientific approach whose complexity was given both by the volume of norms and normative acts consulted, as well as by the diversity analyzed subjects" (p. 123). But, it was precisely this set of norms and normative acts that the Lordship researched and evaluated - they made it possible, initially, through his Thesis, and now through this book, to make a scientific contribution that established him among the specialists of brand in the field of Romanian Law from the Fanariot era.
From the text of this book, the reader has the opportunity to state abundantly that, in illo tempore, the two basic institutions of the Romanian society were the State and the Church, and that the two constitutive elements of the old Romanian Law were the Custom of the Country and the Byzantine Law.
This reality forced the author to research the impact that the Custom of the Country and the Byzantine Legislation had both in the process of drafting the legislation of the Romanian Country in the Phanariot era, as well as the ways of applying its provisions regarding the canonical-legal institutions of the Church , about which the researches done up to now are incomplete, because their authors were not familiar with the text of the two legislations, i.e. Byzantine and ancient Romanian, in which "consuetudo" and "lex" knew a way of symbiotic coexistence, which over the centuries gave birth to Jus Valachicum.
I therefore consider that it is the merit of Dr. Cosmin-Ionut Tudor to remind us - through his book - of the imperative need for today's jurists, secular or ecclesiastical, to return ad fontes to be able to understand both the history of the old Romanian Law, as well as the old "Foundations" of the two basic institutions of the Romanian nation, the State and the Church.
I therefore recommend Romanian jurists, theologians and historians to linger carefully and willingly on the pages of the book that Mr. Prof. Dr. Cosmin-Ionut Tudor, because it can serve as a vadem mecum for any research work on the legislation of the Phanariot era concerning the institutions of the Church, which the national poet called the "Mother of the Romanian Nation" (Mihai Eminescu).
Professor Emeritus D.H.C. Nicholas V. Dura
Ovidius University of Constanta
Ovidius University of Constanta
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