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Upon being retired, Bishop Basil responded by appealing to the Patriarch of Constantinople, on the basis of canons 9 and 17 of the Fourth Ecumenical Council.
However, the Patriarchate of Constantinople informed him that they could not possibly interfere in the affairs of the Moscow Patriarchate upon the basis of these canons, and told Bishop Basil to apply again to them for appeal, this time on the basis of canon 28 of Chalcedon – something which Bishop Basil did.
This canon affirms Constantinople as having ' equal privileges ' to ' Old Rome ', and assigns Constantinople the right to appoint bishops over ' barbarians ' – which according to Constantinople's interpretation ( not shared by the Moscow patriarchate ) gives Constantinople the right to appoint bishops in all areas outside canonically-defined territories.
It was upon the basis of this second appeal that the Patriarchate of Constantinople acted.

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