№ 14. Мнение Преосвященного Филарета на отношение Витебского Генерал-Губернатора о вмешательстве духовенства Полоцкой епархии в дела гражданских ведомств
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On November 23, 1836, Vitebsk Governor-General P. Dyakov wrote to the Chief Prosecutor of the Holy Synod, gr. Protasov: G. The Minister of Internal Affairs in 1832 announced to my predecessor the Highest Command, which, among other things, was ordered: “to try to elevate the dignity of our clergy in the eyes of the Poles, to whom to show due respect in all cases; legal cases initiated by our clergy with Polish inhabitants or their clergy, under the direct supervision of civil authorities, should be given quick and correct progress.” This Highest command was and is always carried out exactly by the civil authorities. But, unfortunately, the clergy themselves, namely the Polotsk diocese, sometimes do not act in accordance with this goal in everything.
This inconsistency consists of:
In exceeding the right granted to the clergy by law, demands and involvement in judicial matters are not subject to its department. It insists that spiritual deputies should be present not only during such investigations and cases to which clergy are concerned, but also during many such cases, during which the presence of spiritual deputies is not defined by law.
The diocesan authorities and consistory stop the orders of the highest provincial administration, prematurely protest against the judicial order and sentences and openly display distrust of the actions of government officials.
The Polotsk Ecclesiastical Consistory and priests allow themselves to make reproaches to the highest provincial government officials. One spiritual deputy and the dean, rejecting the order of the Chamber, entered the consistory with comments that the new interrogation proposed for the defendant was an illegal twist made by the Criminal Chamber to free the defendant from arrest and trial, and that, apparently, there was someone in the Chamber encouraging the defendant.
This attitude was conveyed to Metropolitan Philaret, who wrote in his own hand: “If the Polotsk diocesan authorities allowed themselves to do what is attributed to them, then, without a doubt, they need to be given strong instructions. But general and vague accusations, without indicating in what case what was done incorrectly, may be insufficient, both to ensure that the accused diocesan authorities are convinced of their guilt, and especially in order to extract from them precise guidance for caution in the future.
Therefore, it would be useful for the case to have information:
1) in what particular cases there was an insistence on the use of spiritual deputies, not on the basis of the law, and the insistence was accepted or rejected. (This is all the more important to know because, according to general reasoning, if the insistence is rejected, then the civil authorities did what they wanted, and there is nothing to complain about; and if the insistence is accepted, then, apparently, it was not found illegal; and in this case, what are they complaining about?)
2) In what specific cases was it noticed that the influence of the spiritual authorities went beyond its boundaries.
3) In what case was it noticed that the consistory stops the orders of the highest provincial administration that have already entered into force? (It’s hard to imagine this possibility).
4) In what case and when did the consistory inform the Criminal Chamber of the offensive comments from the spiritual deputy and the local dean? (To clearly expose an action, it would not be useless to have a list for this reason). If it is considered necessary to take the above information: then, so that in the meantime the Polotsk Diocesan authorities do not take any careless step to the detriment of the consent of the authorities; “It seems that now we can cautiously remind him of the duty not to enter into the boundaries of another government, but in all actions and relations to carefully preserve and express mutual respect for the authorities, and to appoint spiritual deputies in cases specified in the code of laws, and, in accordance with the opinion of the Governor General, for especially respectful reasons, which should be shown by the Spiritual authorities in messages to the Civil.”
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