CHURCH COURT OF THE ORTHODOX OHRID ARCHBISHOPRIC

Protocol no. 105 from 16 June 2004
Bitola

The Church Court of the Orthodox Ohrid Archbishopric in extended formation, according to the 12th rule of the Council in Cartage, the 74th Apostolic rule, as well as the 1st rule from the local Constantinople Council, at it session held in the Monastery “St. Prohor Pcinjski” on 27/14 April 2004, at 12 o’clock noon, in its full formation, having a trial on the charge against the suspended Metropolitan of Polog and Kumanovo kyr Cyril filed by the prosecutor, His Eminence the Metropolitan of Veles and Povardarje and Exarch of Ohrid kyr John, after the hearing conducted after the charge, the detailed inspection of the matter and the submitted records, after the individual analysis and statements of the members of the Court, unanimously reached the following

VERDICT

The former Metropolitan of Polog and Kumanovo kyr Cyril is stripped of the episcopal rank and is turned back in the order of the laymen, with his baptized name Nikola Popovski.

Explanation:

After the charge of His Eminence the Metropolitan of Veles and Povardarje and Exarch of Ohrid kyr John, the Orthodox Ohrid Archbishopric has initiated a church-court procedure on occasion the moral and canonical violation against the Metropolitan of Pologa and Kumanovo kyr Cyril (Popovski). In accordance with the 12th rule of the Council in Cartage, the 74th Apostolic rule, as well as the 1st rule from the local Constantinople Council and the 11 article from the Nis Agreement, at the request of the Holy Synod of Bishops of the Orthodox Ohrid Archbishopric, the Holy Synod of Bishops of the Serbian Orthodox Church with its decisions no. 455/rec.408 from 30 March 2004 and 630/rec from 23 April 2004, supplemented the necessary number of bishops to the Court of the Orthodox Ohrid Archbishopric, thus its Court (because the episcopal judges were not allowed to enter the Republic of Macedonia) had its session in the Monastery “St. Prohor Pcinjski” on 27/14 April 2004, in the following extended formation of 12 members: Metropolitan of Montenegro and Primorje kyr Amphilohy, the Bishop of Srem kyr Basil, the Bishop of Budim kyr Lucian, the Bishop of Zhicha Chrysostom, the Bishop of Bachka kyr Irineos, the Bishop of Vranje kyr Pahomius, the Bishop of Rashka and Prizren kyr Artemios, the Bishop of Timoc kyr Justin, the Bishop of Shumadia kyr John, the Bishop of Branichevo kyr Ignatios and the Bishops of the Orthodox Ohrid Archbishopric: Joachim of Velica and Administrator of Polog and Kumanovo and Marko of Dremvica and Administrator of Bitola.

Beginning its session under the presidency of His Eminence the Metropolitan of Veles and Povardarje and Exarch of Ohrid kyr John, President of the Holy Synod of Bishops of the Orthodox Ohrid Archbishopric, the Court first confirmed its jurisdiction in this church-court procedure having in mind the decisions of the Holy Synod of Bishops of the Serbian Orthodox Church no. 47/1958 and 6/1959, rec.57 from 17/4 June 1959, by which the bishops from the Republic of Macedonia with their Synod acquired the status of an autonomous Church and as such are subject to the jurisdiction of the widely recognized local orthodox Church on that territory, regardless of their willful separation and deviation from the canonical church order. In accordance with this, the Court of the canonical widely recognized Orthodox Ohrid Archbishopric in an extended formation, in agreement with the mentioned canons has the right to judge and pass a judgment on this charge.

After the reading of the charge, the court, which was presided over by the Metropolitan of Montenegro and Primorje, Zet and Brda and Skenderija kyr Amphilohy, concluded that the defendant, the Metropolitan of Polog and Kumanovo kyr Cyril, who had once been put under suspension, despite being three times summoned to court, did not appear before the same. For the one who unjustifiably ignores the court summons of the Church Court, the 19 rule of the Council in Carthage foresees exclusion from the communion with the Church.

The Court read the evidence that the abovementioned had twice been delivered the summons to the church-court procedure and that he had received the same, but did not answer to the summons. The third time, besides the mailed summons, he was also delivered a summons personally. Because it was confirmed that the Metropolitan Cyril repeatedly refuses to appear before the church court, the Tribunal of Bishops of the Orthodox Ohrid Archbishopric, in its wider constitution, decided to resume with the trial in the absence of the defendant, and summoned His Eminence, the Metropolitan of Veles and Povardarje and Exarch of Ohrid kyr John, as a prosecutor, to support the accusation and the proposed verdict.

The suspended Metropolitan of Polog and Kumanovo kyr Cyril had been charged, even as a layman, to have been an accomplice with his brother in a murder and was sentenced to prison for the same. Regardless of the fact if the murder was intentional or unintentional, the one who has committed or participated in the same, according to the 22 and 23 rule of the Council in Ankyra, as well as according to the 8, 43, 54, 55, 56, and 57 rule of Saint Basil the Great, cannot remain in a clerical rank. The court also confirmed that on the basis of the evidence from the accusation the defendant, with a decision from the Synod of Bishops of the schismatic MOC, no. 125 from 7 August 1990, was under suspension for officiation because he officiated in somebody else’s eparchy without permission and thus he violated the 2 rule from the Second Ecumenical Council. Moreover, this Court, based on the evidence, confirmed that the abovementioned, by violating the 71 rule of the Council in Carthage, does not reside in the seat of his eparchy, and that there are indications, although without sufficient evidence, that his live is scandalizes the believing people.

After a careful scrutiny of the accusation and the entire case, the Court concluded that the essential guilt of the former Metropolitan of Polog and Kumanovo kyr Cyril is the fact that, he himself, since the beginning of his being a bishop is a participant in the schism and a bearer of the devastation of the unity of the Church of God. He is the only, still living bishop who has participated in the self-willed and uncanonical, unrecognized by anyone proclamation of autocephaly of the so-called MOC. For those, the canonical tradition of the Orthodox Church, in accordance to the 6 rule of the Second Ecumenical Council, the 15 rule of the First-Second Constantinople Council (31 Apostolic rule, 14 rule of the First-Second Constantinople Council) foresees stripping of the clerical and episcopal rank.

Because the above-given reasons, taking as the first and essential guilt the participation in the organization of the schism (1967) and the persistent remaining in the same, taking the other abovementioned circumstances as supplementary reasons, the Church Court of the Orthodox Ohrid Archbishopric defrocks the former Metropolitan of Polog and Kumanovo kyr Cyril (Popovski) of his episcopal rank and removes him back to the order of the laymen with the name Nikola Popovski and reaches a decision as in the dispositive.

The person concerned has the right to an appeal before the Holy Assembly of Bishops of the Serbian Orthodox Church in a period of 30 (thirty) days after the receipt of the verdict.

Presiding
METROPOLITAN
+ Amphilohy of Montenegro and Primorje, Zet and Brda and Skenderija

I confirm that this is true to the original
Arch-secretary of the HSB of the Orthodox Ohrid Archbishopric
EPISCOPE
+ Marko of Dremvitsa and administrator of Bitola