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XXX
XXXI
In or about the month of February, 1947, the said loyal Bishops
In or about the month of March, 1947, defendant Metropolitan
duly resolved and decreed that the said resolution of secession
Theophilus, together with certain bishops in league with him, pur-
from the Church Abroad adopted at the Cleveland convention, as
portedly deprived the said loyal Bishops of their dioceses, because
well as the acts of Metropolitan Theophilus and all persons allied
of their refusal to submit to the aforesaid resolutions of the Cleve-
with him in seceding from the Church Abroad were contrary to
land Sobor, and terminated all official relations with said loyal
the laws of the Church and that said loyal Bishops therefore could
Bishops, and further purportedly ordered all parishes to report
no longer remain a part of the seceded faction thus created under
directly to Metropolitan Theophilus and to remember his name
the leadership of defendant Metropolitan Theophilus. These reso-
only on appropriate occasions at divine services. Thereafter each
lutions of said loyal Bishops were duly submitted to the Holy
said loyal Bishop was sent a communciation by defendant Metro-
Bishops' Synod and were approved by said tribunal in or about the
politan Theophilus purportedly discharging him from the North
month of March, 1947. The said Bishops' Synod also duly ruled
American Metropolitan District.
and decreed that the resolutions adopted at the said Cleveland
Sobor purportedly depriving the Bishops of the right to veto de-
XXXII
cisions of the general assembly composed of priests and laymen
and the said resolution of secession from the Church Abroad, re-
On or about February 9, 1947, a parochial meeting of plaintiff
ferred to in paragraph XXVIII above, were illegal and uncanonic
Transfiguration Church was duly called for the purpose of elect-
and were founded purely on political considerations and had no
ing a Church Warden and a Church Committee. Plaintiff V. A.
force or effect whatever, and further that all interdicts whatso-
Lisitzen was duly elected Church Warden, and a Church Com-
ever which were purportedly imposed by defendant Metropolitan
mittee was duly elected composed of eight persons, five of whom
Theophilus and the persons allied with him, upon members of
were and now are loyal to the Church Abroad. At said meeting
the clergy and laity loyal to the Church Abroad, were invalid.
a motion was made for a vote disapproving the action taken by the
The said Holy Bishops' Synod in said decree also appointed Arch-
aforementioned Cleveland Sobor in seceding from the Church
bishop Vitaly as representative of the said Synod in North Amer-
Abroad and in recognizing the Moscow Patriarch as the supreme
ica and vested in him the rights and duties of administration in
ecclesiastical authority, but defendant Rev. Jacob Pshenichniuk
all phases of the life of the Church Abroad in North America and
unlawfully and in derogation of the rights of the parochial meet-
also appointed Archbishop Tikhon as head of the Western Amer-
ing refused to allow said motion to come to a vote. Thereafter the
ican diocese of the Church Abroad, to which diocese plaintiff
minutes of said meeting were submitted to defendant Metropol-
Transfiguration Church belonged. At all times herein mentioned
itan Theophilus who refused to approve the same.
since said time, Archbishop Vitaly has been and now is the duly
apponited and acting Representative of the Holy Bishops' Synod
XXXIII
and the Ruling Archbishop of the American and Canadian Dio-
cese of the Church Abroad, and Archbishop Tikhon has been and
Thereafter defendant Metropolitan Theophilus ordered and
now is head of the said Western American diocese and diocesan
called another parochial meeting of parishioners of Transfigura-
bishop over plaintiff Transfiguration Church.
tion Church, to be held on March 16, 1947, under the chairman-
Said decrees were validly made by said bishops and by said
ship of Rev. John Shakhovskoy. Said meeting was duly and regu-
Holy Bishops' Synod. Said tribunals were and are judicial tri-
larly held March 16, 1947, and was attended by 70 members of
bunals of the Church Abroad and said Holy Bishops' Synod was
plaintiff Church. The said Chairman first addressed the meeting
then and still is the supreme judicial tribunal of the Church
and urged that the parishioners pledge loyalty to defendant Metro-
Abroad, the decrees and decisions of which then were and still are
politan Theophilus, and further urged the parishioners to renounce
binding on all parts of the Church Abroad.
their allegiance to the Church Abroad and to its said governing
organs. Thereupon the meeting was opened for election of Church
Warden of plaintiff Church. Plaintiff V. A. Lisitzen and defend-
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"ocrText": "56\n57\nXXX\nXXXI\nIn or about the month of February, 1947, the said loyal Bishops\nIn or about the month of March, 1947, defendant Metropolitan\nduly resolved and decreed that the said resolution of secession\nTheophilus, together with certain bishops in league with him, pur-\nfrom the Church Abroad adopted at the Cleveland convention, as\nportedly deprived the said loyal Bishops of their dioceses, because\nwell as the acts of Metropolitan Theophilus and all persons allied\nof their refusal to submit to the aforesaid resolutions of the Cleve-\nwith him in seceding from the Church Abroad were contrary to\nland Sobor, and terminated all official relations with said loyal\nthe laws of the Church and that said loyal Bishops therefore could\nBishops, and further purportedly ordered all parishes to report\nno longer remain a part of the seceded faction thus created under\ndirectly to Metropolitan Theophilus and to remember his name\nthe leadership of defendant Metropolitan Theophilus. These reso-\nonly on appropriate occasions at divine services. Thereafter each\nlutions of said loyal Bishops were duly submitted to the Holy\nsaid loyal Bishop was sent a communciation by defendant Metro-\nBishops' Synod and were approved by said tribunal in or about the\npolitan Theophilus purportedly discharging him from the North\nmonth of March, 1947. The said Bishops' Synod also duly ruled\nAmerican Metropolitan District.\nand decreed that the resolutions adopted at the said Cleveland\nSobor purportedly depriving the Bishops of the right to veto de-\nXXXII\ncisions of the general assembly composed of priests and laymen\nand the said resolution of secession from the Church Abroad, re-\nOn or about February 9, 1947, a parochial meeting of plaintiff\nferred to in paragraph XXVIII above, were illegal and uncanonic\nTransfiguration Church was duly called for the purpose of elect-\nand were founded purely on political considerations and had no\ning a Church Warden and a Church Committee. Plaintiff V. A.\nforce or effect whatever, and further that all interdicts whatso-\nLisitzen was duly elected Church Warden, and a Church Com-\never which were purportedly imposed by defendant Metropolitan\nmittee was duly elected composed of eight persons, five of whom\nTheophilus and the persons allied with him, upon members of\nwere and now are loyal to the Church Abroad. At said meeting\nthe clergy and laity loyal to the Church Abroad, were invalid.\na motion was made for a vote disapproving the action taken by the\nThe said Holy Bishops' Synod in said decree also appointed Arch-\naforementioned Cleveland Sobor in seceding from the Church\nbishop Vitaly as representative of the said Synod in North Amer-\nAbroad and in recognizing the Moscow Patriarch as the supreme\nica and vested in him the rights and duties of administration in\necclesiastical authority, but defendant Rev. Jacob Pshenichniuk\nall phases of the life of the Church Abroad in North America and\nunlawfully and in derogation of the rights of the parochial meet-\nalso appointed Archbishop Tikhon as head of the Western Amer-\ning refused to allow said motion to come to a vote. Thereafter the\nican diocese of the Church Abroad, to which diocese plaintiff\nminutes of said meeting were submitted to defendant Metropol-\nTransfiguration Church belonged. At all times herein mentioned\nitan Theophilus who refused to approve the same.\nsince said time, Archbishop Vitaly has been and now is the duly\napponited and acting Representative of the Holy Bishops' Synod\nXXXIII\nand the Ruling Archbishop of the American and Canadian Dio-\ncese of the Church Abroad, and Archbishop Tikhon has been and\nThereafter defendant Metropolitan Theophilus ordered and\nnow is head of the said Western American diocese and diocesan\ncalled another parochial meeting of parishioners of Transfigura-\nbishop over plaintiff Transfiguration Church.\ntion Church, to be held on March 16, 1947, under the chairman-\nSaid decrees were validly made by said bishops and by said\nship of Rev. John Shakhovskoy. Said meeting was duly and regu-\nHoly Bishops' Synod. Said tribunals were and are judicial tri-\nlarly held March 16, 1947, and was attended by 70 members of\nbunals of the Church Abroad and said Holy Bishops' Synod was\nplaintiff Church. The said Chairman first addressed the meeting\nthen and still is the supreme judicial tribunal of the Church\nand urged that the parishioners pledge loyalty to defendant Metro-\nAbroad, the decrees and decisions of which then were and still are\npolitan Theophilus, and further urged the parishioners to renounce\nbinding on all parts of the Church Abroad.\ntheir allegiance to the Church Abroad and to its said governing\norgans. Thereupon the meeting was opened for election of Church\nWarden of plaintiff Church. Plaintiff V. A. Lisitzen and defend-"
}