| Treaty Of Brest Document
Articles Concerning Union With The Roman Church
[These articles were accepted by the hierarchy of the Church in
Kiev in three languages: Ukrainian, Polish, and Latin. It is on this
basis that the Church of Kiev is in communion with the Roman Catholic
Church.
The articles frequently refer to the King of Poland. The function
of the King of Poland vis-à-vis the Greek-Catholic Church were assumed
by the Austrian Emperor. As there is no longer a King or Emperor, and
the Greek-Catholic Church is certainly not state-supported in Ukraine,
these functions revert to the synod or lapse entirely.]
We require prior guarantees of these articles from the Romans
before we enter into union with the Roman Church.
1.—Since there is a quarrel between the Romans and Greeks
about the procession of the Holy Spirit, which greatly impede unity
really for no other reason than that we do not wish to understand one
another—we ask that we should not be compelled to any other creed but
that we should remain with that which was handed down to us in the
Holy Scriptures, in the Gospel, and in the writings of the holy Greek
Doctors, that is, that the Holy Spirit proceeds, not from two sources
and not by a double procession, but from one origin, from the Father
through the Son.
2.—That the divine worship and all prayers and services of
Orthros, Vespers, and the night services shall remain intact (without
any change at all) for us according to the ancient custom of the
Eastern Church, namely: the Holy Liturgies of which there are three,
that of Saint Basil, that of Saint Chrysostom, and that of Epiphanius
which is served during the Great Lent with Presanctified Gifts, and
all other ceremonies and services of our Church, as we have had them
until now, for in Rome these same services are kept within the
obedience of the Supreme Pontiff, and that these services should be in
our own language.
3.—That the Mysteries of the Most Holy Body and Blood of Our
Lord Jesus Christ should be retained entirely as we have been
accustomed until now, under the species of bread and wine; that this
should remain among us eternally the same and unchangeable.
4.—That the Mystery of Holy Baptism and its form should
remain among us unchanged as we have served it until now, without any
addition.
5.—We shall not debate about purgatory, but we entrust
ourselves to the teaching of the Holy Church.
6.—We will accept the new calendar, if the old one cannot
be, but without any violation of the Paschalia [the Easter cycle] and
our other feasts as they were in the time of unity, because we have
some special feasts which the Romans do not have; on the sixth of
January we celebrate the memory of the Baptism of the Lord Christ and
the first revelation of the One God in Trinity. We call this feast
Theophany, and on this day we have a special service of the Blessing
of Waters.
7.—That we should not be compelled to take part in
processions on the day of Corpus Christi—that we should not have to
make such processions with our Mysteries inasmuch as our use of the
Mysteries is different.
8.—Likewise that we should not be compelled to have the
blessing of fire, the use of wooden clappers, and similar ceremonies
before Easter, for we have not had such ceremonies in our Church until
now, but that we should maintain our ceremonies according to the
rubrics and the Typicon of our Church.
9.—That the marriages of priests remain intact, except for
bigamists.
10.—That the metropolitanate, the episcopate, and other
ecclesiastical dignities shall be conferred on no one except the Rus'
people or Greeks, who must be of our religion. And since our Canons
require that the Metropolitain, the Bishops, and so on, first elected
by the clergy, must be worthy people, we ask the King's Grace that the
election be free, leaving intact the authority of the King's Grace to
appoint the one whom he pleases. This means that as soon as someone
has died we should elect four candidates, and the King's Grace will
freely chose whom he wishes from among the four. This is necessary,
especially so that the persons named to such positions will be worthy
and educated, for the King's Grace, who is not of the same religion,
cannot know who is worthy of this, and thus it has happened that such
uninstructed people were appointed that they were scarcely literate.
If the King's Grace should wish to appoint a layman to these spiritual
posts, the appointee must receive Holy Orders within no more than
three months under pain of losing appointment, according to the
Constitution of the Parliament of Grondo and the Articles of King
Sigmund Augustus of blessed memory, approved by the present King's
Grace, for at the moment there are some who hold certain spiritual
appointments in their hands but do not receive Holy Orders even for
years, justifying themselves with some sort of royal "exemptions". We
ask that in future this should not be.
11.—That our Bishops should not send to Rome for the sacrae
(permission to consecrate), but, if the King's Grace names someone to
a bishopric, that according to the old custom the
Archbishop—Metropolitain should have the duty and the right to ordain
him. The Metropolitain himself, before entering upon the office of
metropolitain, should send the sacrae to the Pope. Then, after he has
received the sacrae from Rome, let the bishops ordain him, at least
two of them, according to their custom. If a bishop is elected
Metropolitain, let him not send for the sacrae, because he already has
the episcopal cheirotonia; he may take an oath of obedience to the
Supreme Pontiff in the presence of the Archbishop of Gniezno (who on
that occasion will not be functioning as Archbishop, but as Primate of
Poland).
12.—So that our authority would be greater and we should
govern our faithful with greater respect, we ask seats in the Senate
of the King's Grace for the Metropolitain and the bishops. We ask this
for many reasons for we have the same office and hierarchical dignity
as the Roman Bishops.
13.—And if in time the Lord shall grant that the rest of the
brethren of our people and of the Greek Religion shall come to this
same holy unity, it shall not be held against us or begrudged to us
that we have preceded them in this unity, for we have to do this for
definite, serious reasons for harmony in the Christian republic
[Poland] to avoid further confusion and discord.
14.—Most important of all, it is necessary that if in our
dioceses presbyters—Archimandrates, Hegumenoi, presbyters, and other
clergy, but especially foreigners, even bishops and monks who might
come from Greece—of our Religion should not wish to be under our
obedience they should never dare to perform any divine service. For if
that were allowed then there would never be any order.
15.—If in the future someone of our Religion should want to
join the Roman Church, denying his own Religion and Ceremonies, let
him not be accepted, since he is degrading the Ceremonies of the one
Church of God, since, being already in one Church, we shall have one
Pope.
16.—That marriages may freely take place between the Roman
faithful and the Rus' faithful, without any compulsion as to Religion,
for both are already one Church.
17.—Inasmuch as we have lost the possession of many
ecclesiastical properties, some of which our predecessors alienated by
rights other than the free administration of these goods during their
personal lives, so that we find ourselves in such want and poverty
that we cannot provide satisfactorily for the needs of the churches,
and indeed we ourselves scarcely have the means of subsistence, we
require that these properties be returned to our churches. If anyone
has legitimately acquired the lifetime usufruct of any ecclesiastical
benefice, let him be obliged to pay an annual rent to the Church, and
upon his death let the benefice revert to the Church. Such a benefice
shall not be granted to anyone without the consent of the bishop and
his chapter. Every benefice to which the Church presently has title is
to be recorded in the Gospel Books, even if the Church does not
exercise any control over some benefices. In that way they will at
least belong indisputably to the Church. With this accomplished, the
Church can then undertake to regain those benefices which have been
alienated at an earlier time.
18.—Upon the death of the Metropolitain or of a bishop, the
wardens and state treasurer shall not interfere in the ecclesiastical
properties. As is the custom and tradition of the Roman Church, these
properties shall be administered by the chapter until a new
Metropolitain or bishop is elected. While this is already guaranteed
to us by our privilege, we ask that it be incorporated into the
constitution of the kingdom.
19.—That Archimandrates, Hegumenoi, monks and their
monasteries, according to the old custom shall be under the obedience
of the bishops of their dioceses, for among us there is only one
monastic Rule, which even the bishops use, and we do not have
"Provincials".
20.—That at the tribunal among the Roman Clergy we also
should have two of our [clergy] to look after the affairs of our
Church.
21.—That the archimandrates, hegumenoi, priests,
archdeacons, and our other clergy be held in the same esteem as the
Roman clergy, and should enjoy and make use of the same liberties and
privileges which were granted by King Ladislaus; they should be exempt
from all taxation, both personal and concerning ecclesiastical
property, in contrast to the unjust practice which has hitherto
obtained—if they possess some private properties then they should pay
taxes on them, whatever is just, as other proprietors do. Any priest
and other clergy who possesses ecclesiastical properties within the
territories of the senators and nobility are subject to them and must
obey them: they should not appeal to the courts or enter into quarrels
with the landlords, but must acknowledge the right of patronage. But
accusations regarding the person of the clergy and their spiritual
functions, are subject only to the bishop, and the misdemeanors of the
clergy shall be punished exclusively by the bishop on the complaints
of the landlord. Thus everyone, clergy and laity, will have their
rights preserved whole and inviolate.
22.—That the Romans should not forbid us to ring bells in
our churches on Good Friday, both in the cities and everywhere else.
23.—That we should not be forbidden to visit the sick with
the Most Holy Mysteries, publicly, with lights and vestments,
according to our rubrics.
24.—That without any interference we might be free to hold
processions, as many as are required, on holy days, according to our
custom.
25.—That our Rus' monasteries and churches should not be
changed into Roman Catholic churches. And if any Roman Catholic has
damaged or destroyed one of our churches or monasteries, in his
territory, he shall be obliged to repair it or build a new one for the
exclusive use of the Rus' people.
26.—The spiritual Church Brotherhoods which have recently
been erected by the Patriarchs and confirmed by the King's Grace—for
example, those in L'viv, in Brest, in Vilnius, and elsewhere—in which
we see great benefit for the Church of God and the cultivation of
divine worship if they wish to abide in this unity, shall be
maintained in all their integrity under the obedience of their
Metropolitain and of the bishops in whose dioceses they function and
to whom each of them is properly ascribed.
27.—That we shall be free to have schools and seminaries in
the Greek and Church—Slavonic languages in the localities where it is
most convenient, and that our printing-presses shall be free (of
course under the supervision of the Metropolitain and bishops, so that
no heresies be propagated and nothing be printed without the knowledge
and consent of the Metropolitain and bishops).
28.—Since there have been great abuses and disobedience on
the part of some priests in the dominions of the King's Grace as well
as in the lands of the lords and magnates, so that these priests have
obtained the protection of the landlords and magnates for their
abuses, dissolving marriages, so that the wardens and other officials
profit to some extent by the fees from these divorces and therefore
shield these priests, not permitting the bishops and the synod to
summon such wayward clerics, abusing and even beating our visitators,
we request that such abuses should cease, and that we would be free to
correct the wayward and keep order, and if someone should be
excommunicated because of his disobedience or for an abuse, let the
government and the lords, once they have been informed by the bishops
or the visitator, not permit such excommunicated clergy to perform
clerical functions or serve in the churches until they have been
absolved by their pastors from their faults. This shall also be
understood for archimandrates and hegumenoi and other ecclesiastics
who are subject to the bishops and to their authority.
29.—Than the Cathedrals in the main cities and all the
parish churches everywhere in the dominions of the King's Grace, of
every place and jurisdiction, whether founded by the King, or by the
city, or by a local lord, shall be subject to the bishop and under his
authority, and that lay people shall not administer them under any
pretext, for there are those who meddle against the obedience of the
bishop, arranging matters as they wish and who do not want to obey
their bishops. Let this not occur in the future.
30.—And if someone has been excommunicated by his bishops
for any offense, let him not be received into the Roman Church but, on
the contrary, let his excommunication be proclaimed there also. And we
shall do the same with regard to those excommunicated from the Roman
Church, for this is a joint concern.
31.—And when the Lord God by His will and holy grace shall
permit the rest of our brothers of the Eastern Church of the Greek
tradition to come to the holy unity with the Western Church, and later
in this common union and by the permission of the Universal Church
there should be any change in the ceremonies and Typicon of the Greek
Church, we shall share all this as people of the same religion.
32.—We have heard that some have departed for Greece to
procure ecclesiastical powers and return here to advise and influence
the clergy and extend their jurisdiction over us. We, therefore,
request the King's Grace to order precautions to be taken on the state
borders so that anyone bearing such jurisdictions and excommunications
be barred from entering the kingdom. Otherwise, grave
misunderstandings could arise between the pastors and the flocks of
the Church.
33.—All these things we the undersigned, desiring holy
concord for the praise of God's Name and for the peace of the Holy
Church of Christ, we have given these articles which we consider
necessary for our Church and for which we require agreement in advance
and guarantees from the Holy Father the Pope and from the King's
Grace, our merciful lord, for greater security, we have committed our
Instructions to our Reverend brothers in God, father Hypatius Potij,
the Protothrone, Bishop Volodymyr of Brest, and Father Cyril Terletsky,
Exarch and Bishop of Lutsk and Ostrih, so that in our name and in
their own name they should ask the Most Holy Father the Pope, and also
the King's Grace, our merciful lord, to confirm and guarantee
beforehand all the articles which we have here given in writing, so
that assured as to the faith, the Mysteries, and our ceremonies, we
might come to this holy accord with the Roman Church without any
violation of our conscience and the flock of Christ committed unto us
and likewise that others who are still hesitating, seeing that we
retain everything inviolate, might more quickly come after us to this
holy union.
Given in the Year of God 1595, the month of June, the first day
according to the Old Calendar.
Michael, Metropolitain of Kiev and Halych and all Rus'
Hypatius, Bishop of Volodymyr and Brest
Cyril Terletsky, by the grace of God Exarch and Bishop of Lutsk and
Ostrih Leontius Pelchytsky, by the grace of God Bishop of Pinsk and
Turov
[the seals of eight bishops are added, including Gedeon Balaban of
L'viv and Dionysius Zbirujski of Kholm.]
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