Prosecute Bartholomew?
Prosecute Bartholomew?
We stated in previous articles that people in Patriarchate of Constantinople lack common sense and average intelligence. There is another possibiltiy. Perhaps they are con men. Currently Bartholomew claims to be Ecumenical Patriarch. As we have explained, this is a false claim. In reality, he is not the primate of all Orthodox Christians in the world but just those in Turkiye.
Turkiye has very small number of Orthodox Christians. They are mostly Greeks who live in Constantinople (Istanbul), Tenedos and Imbros. Their very small number is due to massacres, persecutions, forcible resettlements and repressive policies. According to one source, the number of Orthodox Christians is fifteen thousand. According to other sources, it is even less than that.
Bartholomew is presenting himself as the head of Orthodox Church, which has around three hundred million followers. Because he is accepted as the Ecumenical Patriarch, he has many privileges. He represents all Orthodox Christians. He meets with heads of states and leaders of other denominations and religions. Orthodox Christians in many countries are under the jurisdiction of Constantinople's Patriarchate.
Usually, Greeks are under the jurisdiction of Constantinople. Let's take for example Germany. It is a country with 3,5% of its population Orthodox Christians. These are under the jurisdiction of many Orthodox Churches; Constantinople, Moscow, Antioch, Serbian, Bulgarian, Romanian, Georgian, Macedonian (North), Ukrainian. This is another example of the chaotic situation that exists in Orthodox Church.
Why are Orthodox Christians in Germany under the jurisdiction of so many Churches instead of just one, the Ecumenical Patriarchate? Because Patriarchate of Constantinople is not really accepted as Ecumenical. Only Greeks accept it and this is very wrong because Patriarchate of Constantinople is just Patriarchate of Turkiye, not the whole world.
Greek diaspora should be under the jurisdiction of Greek Orthodox Church. Actually, Orthodox Christians in Turkiye should be under the jurisdiction of Greek Orthodox Church. There are 9,4 million Orthodox in Greece while there are only 15 thousand or less in Turkiye. So which Church should be above? Obviously Greek Orthodox Church (Athens) should be above Turkish Orthodox Church (Constantinople) but the opposite happens. The situation is not only chaotic but total madness.
Eventually, all Orthodox Christians in one country should form one autonomous Orthodox Church which should be in some way related with Ecumenical Patriarchate, when this will become really Ecumenical. So far, it is only a false claim. Since it is a false claim, Bartholomew could be prosecuted for making a false claim and presenting himself as something he is not. Certainly, he is not the first Patriarch of Constantinople who presents himself as Ecumenical.
All the Patriarchs of Constantinople before him did the same. But all previous Patriarchs are dead while Bartholomew is alive. Only alive people can be prosecuted. Those that died, are judged by God, not a human court. So Bartholomew could be prosecuted for all previous Patriarchs of Constantinople that made a false claim and took the position of Ecumenical Patriarch, without having the right to do so.
Obviously this is not a legal opinion, it is a common sense opinion. We would have to look into ecclesiastical (canon) law. We would have to study carefully the documents which Bartholomew and previous Patriarchs of Constantinople used to support their false claims. There are many points that could make their claim invalid. In order to claim that they are Ecumenical, the leaders of all Orthodox Christians, all or most other Orthodox Churches should grant them that authority.
It is questionable even if during Byzantine era, Patriarch of Constantinople had proper authorization to be Ecumenical. Most likely, Patriarch of Constantinople was legally Patriarch of Byzantine Empire, head of all Orthodox Christians in the territory that was under the rule of Constantinople. This position was validated with Byzantine laws. Byzantine Empire was the center of Orthodoxy but not all Orthodox Christians lived in Byzantine Empire.
Byzantine laws couldn't give powers of Ecumenical Patriarch. So in order for the Patriarch of Constantinople to claim the position of Ecumenical Patriarch, this authority had to be granted by all or most Orthodox Churches that were outside Byzantine Empire. We do not know if such documents existed. Perhaps Patriarchs of Constantinople took the title of Ecumenical on their own without proper authorization.
Suppose that Patriarch of Constantinople was recognized as Ecumenical by all or most Orthodox Churches during Byzantine era. The second point that could make their claim invalid is that Byzantine Empire ceased to exist in 1453 AD. So even if the Patriarch of Constantinople was granted to rule all over Byzantine Empire by Byzantine laws, this was not valid anymore. He would have to be appointed Patriarch of Ottoman Empire by Ottoman laws, since Byzantine Empire became Ottoman Empire.
Still, the powers of Ecumenical Patriarch were not automatically transferred to Patriarch of Ottoman Empire. Also Ottoman laws couldn't give Ecumenical authority to Patriarch of Constantinople. This powers had to be given again by all or most other Orthodox Churches. Suppose that they were given. After some time, Ottoman Empire started to break up. Orthodox countries in Balkans gained their independence. Ottoman Empire was replaced by Turkiye and many other countries.
So even if Patriarch of Constantinople was designated Patriarch of Ottoman Empire and other Christian Churches awarded him Ecumenical Patriarch status, it was not valid anymore. Patriarch of Constantinople would have to be appointed again Patriarch of Turkiye with Turkish laws. Turkish laws couldn't not give Ecumenical powers. This authority had to be given again by other Orthodox Christian Churches.
Therefore, it is very possible that Bartholomew lacks the legal support for his claim to be Ecumenical Patriarch. So, he could be prosecuted for making a false claim and presenting himself as Ecumenical Patriarch while he is only primate of Turkish Orthodox Church. Of course we can't be absolutely certain, unless we study carefully all documents that supposedly support his claim to be Ecumenical Patriarch.
Nevertheless, it is certain that Orthodox Churches can renounce his authority as Ecumenical because there are valid reasons. In addition to that, it is possible that he could be prosecuted for being an imposter. However, If he does what is right, none of these will happen. If he does not want to make the necessary changes, he has another option. He can renounce his authority as Ecumenical Patriarch so that a real one can be elected.