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7. The patriarchate, as an institution, has existed in the Church
from the earliest times and was recognized by the first ecumenical
councils.[8]
By the name Eastern patriarch, is meant the bishop to whom belongs
jurisdiction over all bishops, not excepting metropolitans clergy and
people of his own territory or rite, in accordance with canon law and
without prejudice to the primacy of the Roman Pontiff.[9]
Wherever an hierarch of any rite is appointed outside the territorial
bounds of the patriarchate, he remains attached to the hierarchy of the
patriarchate of that rite, in accordance with canon law.
8. Though some of the patriarchates of the Eastern Churches are of
earlier and some of later date, nonetheless all are equal in respect of
patriarchal dignity, without however prejudice to the legitimately
established precedence of honor.[10]
9. By the most ancient tradition of the Church the patriarchs of the
Eastern Churches are to be accorded special honor, seeing that each
is set over his patriarchate as father and head.
This Sacred Council, therefore, determines that their rights and
privileges should be re-established in accordance with the ancient
tradition of each of the Churches and the decrees of the ecumenical
councils.[11]
The rights and privileges in question are those that obtained in the
time of union between East and West; though they should be adapted
somewhat to modern conditions.
The patriarchs with their synods are the highest authority for all
business of the patriarchate, including the right of establishing new
eparchies and of nominating bishops of their rite within the territorial
bounds of the patriarchate, without prejudice to the inalienable right
of the Roman Pontiff to intervene in individual cases.
10. What has been said of patriarchs is valid also, in harmony with
the canon law, in respect to major archbishops, who rule the whole of
some individual church or rite.[12]
11. Seeing that the patriarchal office in the Eastern Church is a
traditional form of government, the Sacred Ecumenical Council
ardently desires that new patriarchates should be erected where there is
need, to be established either by an ecumenical council or by the
Roman Pontiff.[13]
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