b. Constantinople must win its argument on Canon 28. At the very least, it cannot let go of its Western European, Australian and North American exarchates. The patriarchate's presence in these lands bolsters the Canon 28 argument; spreads the jurisdiction to the modern ecumene; and keeps the number of her members in a range that is proper for an ecumenical patriarchate.
Speaking of the innovation of Met. Meletios:
Looking through some things to refresh my memory and add to my knowledge on the jurisdictions of the Orthodox Churches c. 1794-c. 1922, I came across this:
Verfassung und gegenwärtiger Bestand sämmtlicher Kirchen des Orients Eine canonistisch-statistische Abhandlung (Constitution and Current Stock of all the Churches of the Orient. A canonist--statistical treatment) by Isodore Silbernagl
The first edition came in 1865:beware! It's in Fraktur.http://books.google.ro/books?id=jM0CAAAAQAAJ&source=gbs_navlinks_s
The second edition with revisions came out after the death of the author, in 1904.http://books.google.com/books?id=hiIQAAAAYAAJ&dq=Verfassung+Silbernagl+1904&source=gbs_navlinks_s
The author goes through all the jurisdictions that existed in his day. I reproduce what he says under the Ecumenical Patriarchate:
6. Jurisdiction of the Patriarch.
The spiritual power of jurisdiction of the Patriarch of Constantinople extends over the whole European Turkey, a part of Bulgaria, Rumelia and Asia Minor and the islands of the Aegean Sea, with Crete.
[the 1865 version reads: "The spiritual power of jurisdiction of the Patriarch of Constantinople extends over the whole European Turkey, in more certain respects, at least, even with inclusion of the Danube Principalities [i.e. Romania], as well as over the Diocese of Asia, as far as these are not subject to the Patriarch of Antioch and Jerusalem. The archbishoprick of Ohrid and Pec claimed earlier times, although an independent position, but however were united with the Patriarchate of Constantinoplein in modern times by a Turkish Hatti-serif of the government: however, found exempt even now, are the Archbishop of Cyprus as autokephalos [in Greek in the original] and the Vladika of Montenegro." I wil put in the more important differences between the editions]
As spiritual leader to the Patriarch is due the highest ecclesiastical legislative, governmental and administrative law. It is to him to interpret the various special or universel ecclesiastical rules and to him to judge all the controversies going to the dioceses, as generally all important religious matters. As for the individual spiritual powers of the patriarch, he can choose according to the following Berat issued by the Turkish Government in particular:
"The Patriarch is the manager of all the churches and monasteries of the Greek--Orthodox Confession, as well as the control of their economic circumstances."
"He has to confirm the bishop chosen by the Synod of the and the deciding vote in caseof a tie. [1865: He can at his pleasure appointe and dismiss all Metropolitans and Bishops] At his request, the Port shall adopt the requisite advisement for the newly appointed prelates."
"He has the right to expel all Metropolitans and Bishops from their diocese, with the exception of the four metropolitans, which are named to use the patriarchal seal, and so those who are, with the Patriarch, in possession of the Synodal Seal. Yea, even the Patriarch of Alexandria, Antioch and Jerusalem not been allowed to come, without his consent and that of the Synod, to Constantinople."
"The patriarch and his vicars have unlimited jurisdiction in marriage and wills."
"The Patriarch is entitled to the criminal code about the whole clergy, according to the laws of the church."
"If complaints are collected by the Turkish administrative or the various competant authorities about a bishop, it may be decided only with the aid of the Patriarch of the Porte. Similarly, the arrest of a prelate should be made only with the consent of the Patriarch and with the assistance of his officials."
"All the adherents of the Greek Orthodox Church are bond to the strictest obedience to the patriarchal and it is therefore of the same law of correction against the recalcitrant. He can excommunicate them freely, to deny them church burial etc."
" Furthermore, the Patriarch enjoys the privilege exclusively to consecrate the sacred chrism, and the right of Strauropegions in every diocese. But as the patriarch of Constantinople is also the Head of the Greek nation, and so certain secular powers come to him, and in this respect extends his jurisdiction even over the territory the remaining patriarchs, because he is over all the Greek schismatic [sic] subjects of the Porte. Only [1865: in the Danube Principalities and in Montenegro, which have a Christian administration seperate from the Turkic government [N.B. the Danube Principalities, i.e. Romania, were still technically part of the Empire, or as the Vizier was saying at the time "integral territory," and Montenegro's independence had not yet been recognized internationally besides Russia] as well as ] in Egypt in Egypt, where the Viceroy has made himself independent of the Port may it be obvious, that the [Ecumenical] Patriarch has no secular authority. To this belongs primarily with respect to some policing powers of the patriarch for lesser offenses, theft, etc. For this purpose the patriarch's own Court of Justice (kriterion), which is composed of seven Officials (klerikoi) and has under him or his presidencies (Protosynellos) two public weekly court sessions held, namely on Wednesday and Friday, . The Patriarch has therefore his own kavasses (military police) and a private prison. He can have each of his faithful, if he deserves, to be condemned to the galleys, without this, only by specially obtaining the required permission from the Porte. Similarly, can all civil disputes, not only between the Greeks themselves, but also between Armenians and Greeks and even between Greeks and Turks be used with the consent of the parties before the Court of the Patriarchs, and this decided verdict is also recognized by the Porte as valid. However, the recourse to the Turkish Courts remains free to the parties. The laws by which the spiritual court of the Patriarchs proceed, are precisely the Byzantine, especially in use are the Hexabiblos of Harmenopolos and the Pedalion (ie pedalion pattern book). Finally, we note that the patriarch can exercise all these spiritual and temporal rights only in communion with the Synod. Therefore, the orders of the Patriarch must be issued under the Synodal seal [1865: after the enactment of the Piscopos-Calent (Bureau of Bishops)], and the Port is bound to consider only those perfomances submited under the synodal seal."
He is aware of the Orthodox in North America:"Also into America has the Russian Orthodox Church extended itself, and the Bishop of the Aleutians and of North America has his see in San Francisco in California."
What he is not aware of, is some sort of super jurisdiction of the EP over barbarian lands, neither in 1865 (just before the Alaskan Cession) nor 1904 (just before the claims of 1908). I have come across things in Jerusalem and Cyprus, which, like the 1908 Tomos, promote Greek control, and they have Meletios finger prints all over them (as the British authorities found).