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XXI
istration of and over all parishes and dioceses of the Church Abroad
and said North American Metropolitan District.
When said merger and said Provisional Statute were agreed
to, ratified and accepted by the Church Abroad and by the church
XXIII
organization that was formerly independent under defendant
Metropolitan Theophilus, as above found, thereupon said church
organization under defendant Metropolitan Theophilus ceased to
Purely and solely for purposes of of political expendiency, the
exist as a separate church organization and the North American
communist regime within Russia has from time to time since 1917
Metropolitan District then evolved (being a merger of the dioceses
permitted an outward form of religious organization to exist within
and parishes theretofore adhering to the Church Abroad, and the
the territory of Russia and within territory controlled by the Rus-
dioceses and parishes formerly a part of said separate church or-
sian state, and an outward form of religious organization was in
ganization) became and was autonomous and independent as to
1946 and is now permitted to exist within Russia, known as the
all matter and things which, under the terms of said Provisional
so-called Patriarchal Church, headed by the so-called Patriarch
Statute, were of a purely local nature and could be acted upon, or
Alexy, but such forms of church organization that were permitted
done without reference to, or action by, or approval or confirma-
to exist within Russia since 1917 to the present time have been
tion of, the Holy Bishops' Sobor or Synod of the Church Abroad,
and are completely under the domination and control of the com-
but had no autonomy or independence with respect to each and
munist regime. The governing organs of the Church Abroad duly
every matter and thing which, under the terms of said Provisional
and regularly, in or about the years 1927, 1943 and 1946, consid-
ered the canonic status of said so-called Patriarchal Church and
Statute were required to be referred to, or acted upon, by said
Holy Bishops' Sobor or Synod of the Church Abroad. After said
particularly in 1946 considered the purported election of the so-
Provisional Statute was adopted and accepted, as aforesaid, it was
called Patriarch Alexy as head of said so-called Patriarchal Church,
never, and none of its terms and provisions were ever, in any man-
and it was duly and regularly decreed by said governing organs
ner or matter, either in substance or in form, altered, amended or
of the Church Abroad in or about 1927, 1943 and 1946 that said
so-called Patriarchal Church within Russia never was, after the
modified except only that in the year 1936 there was added to said
Statute, Article X thereof, entitled "The Ecclesiastical Court," pro-
year 1927, a canonical or lawful administration of the Church, and
viding for the trial of bishops of the Church Abroad in the first
that it never had since 1927 any authority of any nature whatso-
instance by bishops of the Metropolitan District and on appeal by
ever over any part or member of the Church inside or outside the
the Holy Bishops' Sobor of the Church Abroad, and providing for
territory of Russia; and further that since 1927 there has been no
the trial of preists in the first instance and on appeal within the
canonical or lawful supreme administration of the Church within
Metropolitan District itself.
Russia, and further determined and decreed in 1946 that the so-
called Patriarch Alexy was not the canonical head of the Church
and that he had no authority as head, or otherwise, over any part
XXII
or member of the Church outside or inside the territory of Russia.
This Court finds that said so-called Patriarchal Church never was
From and after the time of said merger and said adoption of
since 1927, and is not now, the or a canonical or lawful organiza-
the Provisional Statute, as above found, continuously until the
tion of the Church, or ever had or has any authority of any nature
latter part of 1946, said Metropolitan Theophilus and all members,
whatsoever over any part or member of the Church outside the
parishes and dioceses of said North American Metropolitan Dis-
territory of Russia. At no time since in or about the year 1927 has
trict wholly abided by and compiled with the terms of said Pro-
there been a canonical and lawful supreme church administration
visional Statute and accorded full loyalty to the Church Abroad
of the Church within Russia, though there always were and still
and its governing organs, and in all matters and things recognized
are very large numbers of bishops, priests and laymen within Rus-
and accepted the said Church Abroad and its said governing or-
sia who were and are faithful to the Church. This Court further
gans as the supreme, legislatvie, judicial, executive and admin-
finds that the so-called Patriarch Alexy was not in 1946, or at any
istrative authority of and over, and as the supreme church admin-
time before or since then has been, the head of the Church; fur-
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"ocrText": "48\n49\nXXI\nistration of and over all parishes and dioceses of the Church Abroad\nand said North American Metropolitan District.\nWhen said merger and said Provisional Statute were agreed\nto, ratified and accepted by the Church Abroad and by the church\nXXIII\norganization that was formerly independent under defendant\nMetropolitan Theophilus, as above found, thereupon said church\norganization under defendant Metropolitan Theophilus ceased to\nPurely and solely for purposes of of political expendiency, the\nexist as a separate church organization and the North American\ncommunist regime within Russia has from time to time since 1917\nMetropolitan District then evolved (being a merger of the dioceses\npermitted an outward form of religious organization to exist within\nand parishes theretofore adhering to the Church Abroad, and the\nthe territory of Russia and within territory controlled by the Rus-\ndioceses and parishes formerly a part of said separate church or-\nsian state, and an outward form of religious organization was in\nganization) became and was autonomous and independent as to\n1946 and is now permitted to exist within Russia, known as the\nall matter and things which, under the terms of said Provisional\nso-called Patriarchal Church, headed by the so-called Patriarch\nStatute, were of a purely local nature and could be acted upon, or\nAlexy, but such forms of church organization that were permitted\ndone without reference to, or action by, or approval or confirma-\nto exist within Russia since 1917 to the present time have been\ntion of, the Holy Bishops' Sobor or Synod of the Church Abroad,\nand are completely under the domination and control of the com-\nbut had no autonomy or independence with respect to each and\nmunist regime. The governing organs of the Church Abroad duly\nevery matter and thing which, under the terms of said Provisional\nand regularly, in or about the years 1927, 1943 and 1946, consid-\nered the canonic status of said so-called Patriarchal Church and\nStatute were required to be referred to, or acted upon, by said\nHoly Bishops' Sobor or Synod of the Church Abroad. After said\nparticularly in 1946 considered the purported election of the so-\nProvisional Statute was adopted and accepted, as aforesaid, it was\ncalled Patriarch Alexy as head of said so-called Patriarchal Church,\nnever, and none of its terms and provisions were ever, in any man-\nand it was duly and regularly decreed by said governing organs\nner or matter, either in substance or in form, altered, amended or\nof the Church Abroad in or about 1927, 1943 and 1946 that said\nso-called Patriarchal Church within Russia never was, after the\nmodified except only that in the year 1936 there was added to said\nStatute, Article X thereof, entitled \"The Ecclesiastical Court,\" pro-\nyear 1927, a canonical or lawful administration of the Church, and\nviding for the trial of bishops of the Church Abroad in the first\nthat it never had since 1927 any authority of any nature whatso-\ninstance by bishops of the Metropolitan District and on appeal by\never over any part or member of the Church inside or outside the\nthe Holy Bishops' Sobor of the Church Abroad, and providing for\nterritory of Russia; and further that since 1927 there has been no\nthe trial of preists in the first instance and on appeal within the\ncanonical or lawful supreme administration of the Church within\nMetropolitan District itself.\nRussia, and further determined and decreed in 1946 that the so-\ncalled Patriarch Alexy was not the canonical head of the Church\nand that he had no authority as head, or otherwise, over any part\nXXII\nor member of the Church outside or inside the territory of Russia.\nThis Court finds that said so-called Patriarchal Church never was\nFrom and after the time of said merger and said adoption of\nsince 1927, and is not now, the or a canonical or lawful organiza-\nthe Provisional Statute, as above found, continuously until the\ntion of the Church, or ever had or has any authority of any nature\nlatter part of 1946, said Metropolitan Theophilus and all members,\nwhatsoever over any part or member of the Church outside the\nparishes and dioceses of said North American Metropolitan Dis-\nterritory of Russia. At no time since in or about the year 1927 has\ntrict wholly abided by and compiled with the terms of said Pro-\nthere been a canonical and lawful supreme church administration\nvisional Statute and accorded full loyalty to the Church Abroad\nof the Church within Russia, though there always were and still\nand its governing organs, and in all matters and things recognized\nare very large numbers of bishops, priests and laymen within Rus-\nand accepted the said Church Abroad and its said governing or-\nsia who were and are faithful to the Church. This Court further\ngans as the supreme, legislatvie, judicial, executive and admin-\nfinds that the so-called Patriarch Alexy was not in 1946, or at any\nistrative authority of and over, and as the supreme church admin-\ntime before or since then has been, the head of the Church; fur-"
}