CANONS OF THE ANGLICAN CHURCH IN AMERICA
ADOPTED IN GENERAL SYNOD, 1991
AMENDED IN GENERAL SYNOD, 1993, 1996, 1999, 2002
TITLE I - ORGANIZATION AND ADMINISTRATION
CANON 1 - Of the General Synod
Section 1.1
(a) At the time and place appointed for the meeting of the General Synod, the Primate, or, in his absence, the Bishop of this Church, most senior in respect to the order of his accession as Bishop, shall call to order the members present. The Secretary, or in his absence, a Secretary pro tempore appointed by the presiding officer, shall record the names of those whose testimonials, in due form, shall have been presented to him, which record shall be prima facie evidence that the persons whose names are therein recorded are entitled to seats. If there be a quorum present, the Secretary shall so certify, and the Presiding Officer shall declare the General Synod organized and ready to proceed to business. During the course of the said Synod, there shall be a meeting of the separate Houses.
(b) There shall be a President and a Vice President of each of the Houses of Clergy and Laity, who shall perform the duties normally appropriate to their respective offices or specified in these Canons. They shall be elected not later than the last day of each triennial meeting of the General Synod in the manner herein set forth. The Houses of Clergy and Laity shall elect from their membership by a majority of separate ballots, a President and a Vice President. Such officers shall take office at the adjournment of the triennial meeting at which they are elected, and shall continue in office until the adjournment of the following triennial meeting of the General Synod. They shall be and remain ex officio members of their House during their term of office, and shall have seat, voice, and vote in the said House. In case of resignations, death, absence, or inability, of the President, the Vice President shall perform the duties of the office until a new President is elected.
(c) In order to aid the Secretary in preparing the record specified in Clause (a), it shall be the duty of the Secretary of the Synod of every Diocese to forward to him, as soon as may be practicable, a copy of the latest Journal of the Diocesan Synod, together with a certified copy of the testimonials of members aforesaid. He shall also forward a duplicate copy of such testimonials to the Standing Committee of the Diocese in which the General Synod is next to meet.
(d) The Secretary shall keep full minutes of the proceedings of the House; record them, with all reports, in a book provided for that purpose; preserve the Journals and Records of the House; deliver them to the Registrar, as hereinafter provided, and perform such other duties as may be directed by the House. He may, with the approval of the House, appoint Assistant secretaries, and the Secretary and Assistant Secretaries shall continue in office until the organization of the next General Synod, and until their successors be chosen. The Secretary shall have seat, voice, and vote.
(e) It shall be the duty of the Secretaries of the Houses of Clergy and Laity, whenever any alteration of the Book of Common Prayer or of the Constitution is proposed, or any other subject submitted to the consideration of the several Diocesan Synods, to give notice thereof to the Ecclesiastical Authority of the Church in every Diocese and Missionary District, as well as to the Secretary of the Synod of every Diocese and every Missionary District, and written evidence that the foregoing requirement has been complied with shall be presented by him to the General Synod at its next session. All notices shall be sent by registered or certified mail, return receipts being required. They shall notify each Secretary that it is their duty to make known such proposed alterations of the Book of Common Prayer, and of the Constitution, and such other subjects, to the Synod of his Diocese or Missionary District at its next meeting, and to certify that the Secretary of the Houses of Clergy and Laity that such action has been taken by him.
(f) The Secretaries of the Houses of Clergy and Laity and the Treasurer of the General Synod, and the Chancellor shall be entitled to seats upon the floor of their House, and of General Synod, and shall have voice and vote.
(g) At the meetings of the Houses of Clergy and Laity the Rules and Orders of the previous meeting shall be in force until they are amended or repealed by the House.
(h) In case of the resignation, death or total disability of the President and Vice President of the Houses of Clergy or Laity during the recess of the General Synod, the Secretary of the House shall perform such ad interim duties as may appertain to the office of President until the next meeting of the General Synod or until such disability is removed.
(i) If, during recess, a vacancy shall occur in the office of Secretary of the House of Clergy or the House of Laity, the duties thereof shall devolve upon the First Assistant Secretary, or, if there be none such, upon a Secretary pro tempore appointed by the President of the House, or if the office of President be also vacant, then by the Vice-President, and if both offices be vacant, then by the Primate.
(j) The Secretary of the Executive Council shall serve as the Secretary of the General Synod.
Section 1.2
(a) The right of calling special meetings of the General Synod shall be vested in the Bishops. The Primate shall issue the summons for such meetings, designating the time and place thereof, with the consent, or on the requisition, of a majority of the Bishops, expressed to him in writing.
(b) The Deputies elected to the preceding General Synod shall be the Deputies at such special meetings of the General Synod, except in those cases in which other Deputies shall have been chosen in the meantime by any of the Diocesan Synods, and then such other Deputies shall represent in the special meeting of the General Synod the Church of the Diocese in which they have been chosen.
(c) Any vacancy in the representation of any Diocese caused by the death, absence or inability of any Deputy, shall be supplied either temporarily or permanently in such manner as shall be prescribed by the Diocese, or, in the absence of any such provision, by appointment by the Ecclesiastical Authority of the Diocese. During such periods as shall be stated in the certificate issued to him by the appointing power, the Provisional Deputy so appointed shall possess and shall be entitled to exercise the power and authority of the Deputy in place of whom he shall have been designated.
Section 1.3
(a) The House of Clergy, upon the nomination of the House of Bishops, shall elect a Presbyter, to be known as the Registrar of the General Synod, whose duty it shall be to receive all Journals, files, papers, reports and other documents or articles that are, or shall become, the property of either House of the General Synod; to arrange, label, index, and put them in order, and to provide for the safe keeping of the same in some fireproof, accessible place of deposit, and to hold the same under such regulations as the General Synod may, from time to time, provide.
(b) It shall also be the duty of the said Registrar to procure a suitable book, and to enter therein the record of the ordinations and consecrations of all the Bishops of this Church, designating accurately the time and place of the same, with the names of the consecrating Bishops, and of others present and assisting; to have the same authenticated in the fullest manner practicable; and to take care for the similar record and authentication of all future ordinations and consecrations of Bishops in this Church. Due notice of the time and place of such ordinations and consecrations shall be given by the Primate to the Registrar; and thereupon it shall be his duty to attend such ordinations and consecrations, either in person or by deputy.
(c) He shall prepare, in such form as the House of Bishops shall prescribe, the Letters of Ordination and Consecration in duplicate; and he shall have the same immediately signed and sealed by the ordaining and consecrating Bishops, and by such other Bishops assisting as may be practicable; and he shall deliver to the newly consecrated Bishop one of the said Letters, and shall carefully file the other among the papers in his custody, and make a minute thereof in his book of record.
(d) The Registrar shall also be Historiographer, unless in any case the House of Bishops shall make a separate nomination from among the Laymen of this Church; and in this event the House of Laity shall confirm the nomination.
(e) The necessary expenses incurred under this Section shall be paid by the Treasurer of the General Synod.
(f) It shall be the duty of the Secretaries of all Houses, within six months after the adjournment of the General Synod, to deliver to the Registrar the manuscript minutes of the proceedings of all Houses, together with the Journals, files, papers, reports, and all other documents of each House. The manuscript minutes of all Houses shall remain filed until after the adjournment of the Second Synod following that at which such minutes shall have been taken; provided, however, that any part of such minutes, for any reason unpublished in the Journal, shall remain filed in the Archives. The Secretaries of the Houses of Clergy and Laity shall also deliver to the Registrar, when not otherwise expressly directed, all the Journals, files, papers, reports, and other documents specified in Canon 4. The Secretaries shall require the Registrar to give them receipts for the Journals and other papers delivered to him.
(g) In case of a vacancy in the office of Registrar, the Primate shall appoint a Registrar, who shall hold office until the next General Synod.
Section 1.4
(a) The House of Clergy, upon the nomination of the House of Bishops, shall elect a Recorder (who may be a natural person or an incorporated organization of the Church), whose duty it shall be to continue the List of Ordinations and to keep a list of the Clergy in regular standing.
(b) It shall be the duty of the Bishop, or, if there be no Bishop, of the President of the Standing Committee or Council of Advice of every Diocese and Missionary District, to forward to the Recorder on or before the first day of March in each and every year a report certifying the following information as of the thirty first day of December in the preceding year:
(1) the names of the Clergy canonically resident therein with their several charges;
(2) the names of the Clergy licensed by the Bishop to officiate, but not yet transferred;
(3) the names of all persons connected with the Diocese or District or who have been ordered Deacons or Priests during the preceding twelve months, with the date and place of ordination and the name of the Bishop ordaining;
(4) the names of the Clergy of the Diocese or District who have died during the preceding twelve months, with the date and place of death;
(5) the names of the Clergy who have been received during the preceding twelve months, with the date of their reception and the name of the Diocese or District from which received, and, in the case of Clergy not received from a Diocese or District of this Church, the date and place of ordination and the name of the Bishop ordaining;
(6) the names of the Clergy who have been transferred during the preceding twelve months, with the dates of the Letters Dimissory and of their acceptance, and the name of the Diocese or District to which transferred;
(7) the names of the Clergy who have been suspended during the preceding twelve months, with the date and ground of suspension;
(8) the names of the Clergy who have been deprived or deposed during the preceding twelve months, with the date, place, and ground of deprivation or deposition;
(9) the names of the Clergy who have been restored during the preceding twelve months, with the dates;
(10) the names of Deaconesses canonically resident therein, together with the like information pertaining to Deaconesses as is required of Priests and Deacons in subsection (b) above.
(c) It shall be the duty of the Recorder to furnish, upon proper authority and at the expense of the applicant, such information as may be in the possession of the Recorder based upon the reports required under Clause (b) herein, but in no case shall the Recorder publish or furnish for publication the grounds of any suspension, deprivation or deposition.
(d) The Recorder shall prepare and present to each session of the General Synod a list of all Clergy and Deaconesses ordained, or set apart, received, suspended, deprived, deposed, or restored, and of all Bishops consecrated, and of all Clergy and Bishops who have died, such list to cover the period from the last preceding similar report of the Recorder through the thirty first day of December immediately preceding each session of the General Synod.
(e) The necessary expenses incurred under this Section by the Recorder, shall be paid by the Treasurer of the General Synod.
(f) In case of a vacancy in the office of Recorder, the Primate shall appoint a Recorder, who shall hold office until the next General Synod.
Section 1.5
(a) Beginning with the 1996 General Synod and at every triennial meeting of the General Synod a Treasurer shall be appointed by the Primate, and the appointment shall be confirmed by concurrent action of the Houses, and shall remain in office until a successor shall be appointed and confirmed. It shall be his duty to receive and disburse all moneys collected under the authority of the Synod, and of which the collection and disbursement shall not otherwise be prescribed; and, with the advice and approval of the Primate and the Treasurer of the Executive Council, to invest, from time to time, such surplus funds as he may have on hand. His account shall be rendered triennially to the Synod and shall be audited at the direction of a committee acting under its authority.
(b) In case of a vacancy, by death, resignation, or otherwise, in the office of Treasurer of the General Synod, the Primate and the President of the Houses of Clergy and Laity shall appoint a Treasurer. In case of temporary inability of the Treasurer to act, from illness or other cause, the same officials shall appoint an Acting Treasurer who shall perform all duties of the Treasurer until the Treasurer is able to resume them.
Section
1.6
The Treasurer of the General Synod shall have authority
to borrow, on behalf and in the name of the General Synod, with the
approval of the Primate, such a sum, not exceeding two thousand dollars per
annum, as in his judgment may be necessary to help defray the expenses of
the General Synod; Provided, that the total amount of the indebtedness
authorized in this Section shall at no time exceed four thousand dollars.
Section
1.7
The Treasurer shall give a bond conditioned on the faithful performance of
his duties. The amount thereof and the terms on which the same shall
be given shall be subject to the approval of the Primate, the expense of
such bond to be paid by the General Synod.
Section
1.8
The Treasurer shall submit to the General Synod at each
regular meeting thereof a detailed budget for which he requests the
General Synod to approve. He shall have power to expend all sums of
money authorized by the budget, as adopted by the General Synod, provided
there are sufficient funds available.
Section
1.9
The Treasurer may appoint, subject to the approval of the Primate, an
Assistant Treasurer, who shall hold office during the pleasure of the
Treasurer and shall perform such duties as shall be assigned to him by the
Treasurer. He shall give a bond conditioned on the faithful
performance of his duties. The amount thereof and the terms on which
the same shall be given shall be subject to the approval of the Primate, the
expense of such bond to be paid by the General Synod.
Section
1.10
The Bishop most senior in respect to the order of his
succession as Bishop shall be Chairman pro tempore of the House of Bishops
in the absence of the Primate, and shall preside at meetings of the
Executive Council in the absence of the Primate. The President of the
House of Clergy shall be the Clerical Vice-President of the General Synod,
and the First Vice-Chairman of the Executive Council. The President of
the House of Laity shall be the Lay Vice-President of the General Synod, and
the Second Vice-Chairman of the Executive Council.
Section
1.11
The General Synod, upon the nomination of the House of Bishops, shall elect
a Chancellor, being learned in the law, to advise
the Synod, its Houses, and its Officers and agents.
Section
1.12
Except in the event of grave peril, the sessions of General Synod shall be
public, subject to the reasonable authority of
the presiding officer or officers thereof to maintain order and
decorum in its proceedings.
Section
2.1
The Primate shall preside over meetings of the House of Bishops, and shall
take order for the consecration of Bishops, when duly elected. He
shall also perform all other duties prescribed for him by other Canons of
the General Synod.
Section 2.2
The stipend of the Primate and his necessary expenses shall be fixed by the
General Synod and shall be provided for in the budget to be submitted by the
Treasurer, as provided in the Canon entitled, "Of the General Synod".
Section
2.3
In the event of the disability of the Primate, the Bishop most senior in
respect to the order of his succession as Bishop,
shall be substituted for the Primate for all the purposes of these Canons.
Section
2.4
The style of the Primate shall be "Bishop of N., and Primate of All America.
He shall be denominated "Most Reverend."
CANON 3 - Of the Executive Council
Section 3.1
(a) The Primate and the Executive Council as hereinafter constituted shall have charge of the unification, development, and prosecution of the Missionary, Educational, and Social Work of the Church, of which work the Primate shall be the executive head.
(b) The officers of the Executive Council shall be a Chairman, two Vice Chairmen who are the Presidents of the Houses of Clergy and Laity as provided by Canon, a Secretary, a Treasurer, and a Chancellor, with such duties as the Council, pursuant to this Canon, from time to time, may prescribe.
Section 3.2
(a) The Executive Council, herein referred to as the Council, shall in addition to its Chairman, two Vice Chairmen, Secretary, Treasurer, and Chancellor, be composed of a minimum of twenty members which shall include all Bishops with jurisdiction, other than the Primate, one Presbyter, and two Laymen from each diocese. One Presbyter shall be elected by each Diocesan Synod for a term of three years, and two Laymen shall be elected by each Diocesan Synod, with one lay-person to be elected at the first Diocesan Synod for a term of three years and the second to be elected for a term of six years. Subsequently, all laymen shall be elected for a period of six years. The Chairman, two Vice Chairmen, Secretary, Treasurer and Chancellor, and the head of the International Anglican Fellowship (IAF) shall be ex officio members thereof.
(b) If any member elected to the Executive Council has two (2) absences for reasons unacceptable to the Council as a whole, the Executive Council shall have the authority to request another representative from that diocese.
(c) The term of office of the members of
the Council (other than ex officio members) shall be three years, with the
exception for Lay members and Bishops. The term of office of all
members elected as above provided shall commence immediately upon the ending
of the first Triennial Synod after their election. Members shall
remain in office until their successors are elected and qualified.
After any person shall have served six consecutive years on the Executive
Council, a period of three years shall elapse before such person shall be
eligible for re-election to the Council.
Should any vacancy occur in the Council through the death or resignation of
a member elected to the Executive Council or of a member having two (2)
unacceptable absences from meetings or through the change in status of any
such member by consecration or ordination, the Diocese from which the
members was elected shall fill such vacancy. If the vacancy should
occur wherein there will be a meeting of the Executive Council prior to the
meeting of the Synod of the said Diocese, the Bishop Ordinary shall appoint
a suitable person with the advice and consent of the Standing Committee.
This individual shall serve until the next Synod of the Diocese, at which
time a suitable person shall be elected to
serve the portion of any term which will remain unexpired.
Should any vacancy occur in the Council due to failure of any Diocesan Synod
to elect a member, the Bishop Ordinary and the Standing Committee of the
Diocese shall appoint a suitable person,
canonically resident in such Diocese, to serve until the Diocesan Synod
shall elect an individual to fill the vacancy, the person so elected to be
from the same House from which the vacancy occurred.
Beginning at the conclusion of the 1996 General Synod, the Dioceses of the
Church shall elect members to begin serving on the Executive Council at the
conclusion of the 1999 Triennial Synod.
(d) The Council shall exercise the powers conferred upon it by Canon, and such further powers as may be designated by the General Synod, and between sessions of the General Synod may initiate and develop such new work as it may deem necessary. It may, subject to the provision of this Canon, enact By laws for its own government and the government of its several departments.
Section
3.3
The Primate shall be ex officio the Chairman. The Council shall elect
the Secretary. The additional officers, agents, and employees of the
Council shall be such and shall perform such duties as the Primate and the
Council may from time to time designate.
Section 3.4
(a) The Council shall meet at such place, and at such stated times, at least once each year, as it shall appoint and at such other times as it may be convened. The Council shall be convened at the request of the Chairman, or on the written request of any six members thereof.
(b) Nine members of the council shall be necessary to constitute a quorum at any meeting of the Council.
Section
3.5
With the exception of the salary of the Chairman, the salaries of all
officers of the Council and of all agents and employees of the Council shall
be fixed by the Council and paid by the Treasurer.
Section 3.6
(a) Every Missionary Bishop, or in case of a vacancy, the Bishop in charge of the District, receiving aid from the Council, shall report at the close of each fiscal year to the Council, giving account of his work, of money received from all sources and disbursed for all purposes. and of the state of the Church in his District at the date of such report, all in such form as the Council may prescribe.
(b) Every Bishop of a Diocese receiving aid from the Council shall report at the close of each fiscal year to the Council giving account of the work in his Diocese supported in whole or in part by the Council.
Section
3.7
The Council, shall prepare a full report of its
work to be presented to the General Synod. This report is to be
finalized within three (3) months of the Meeting of said General Synod.
Such report shall contain an itemized statement of all receipts and
disbursements and a statement of all trust funds and other property in its
possession or under its control. The Council shall make a like report
including a detailed schedule of the salaries paid to all officers, agents,
and principal employees, to each General Synod.
Section
3.8
No person shall,
under any power or authority delegated by this Canon, be appointed a
Missionary, who is not, at the time, a Minister or member of this Church, or
of some Church in communion with this Church, in regular standing; Provided,
however, that, at the request of the Bishop of a Diocese or Missionary
District, other persons not so qualified may be employed in exceptional
cases.
Section
3.9
The Executive Council shall be and constitute the Directors or Trustees of
the Corporation of this Church.
Section
3.10
Members of the Executive Council shall have seat, voice, and vote at any
General Synod.
CANON 4 - Of the Mode of Securing an Accurate View of the State of this Church
Section
4.1
A report of every parish and every congregation of this Church shall be
prepared annually for the year ending December 31, preceding and shall be
sent not later than February 1 to the Bishop of the Diocese or Missionary
District, or where there is no Bishop, to the
Secretary of the Diocese or Missionary District. The report shall
include the following information:
(1) the number of baptisms, confirmations, marriages, and burials during the year; the total number of baptized persons and communicants in voting status at the time of the report; and for all purposes the number of members of this Church shall be deemed to be the number of baptized persons;
(2) a summary of all the receipts and expenditures, from whatever source derived and for whatever purpose used;
(3) Such other relevant information as is needed to secure an accurate view of the state of this Church, as required by the approved form, however, no information shall be sought, nor shall the Executive Council, or any other entity of this Church, be empowered to seek any information from any Diocese, Parish, or Mission, concerning any real or personal property under the control of or owned by the said Diocese, Parish, or Mission.
The Bishop, or Secretary of the Diocese or Missionary District shall prepare, upon the blank form approved by the Executive Council, a condensed summary of the statistics required by the preceding and forwarded, not later than Easter, copies of this summary to the Office of the Primate and to the Secretary of the Executive Council. The form adopted by the said Executive Council must be approved by a two-thirds vote of all members (not only members in attendance) and a two-thirds vote of the House of Bishops. Once the said form has been approved, as herein set forth, the same can only be amended in the same manner that the said form can be adopted. No voting by proxy shall be permitted in any votes with regard to the approval of the form or amendments to the said form.
Section
4.2
Copies of the financial disclosures, on forms prepared by the Executive
Council, of each Mission, Parish, or Religious Community shall be filed with
the Secretary of the Diocese, and the Secretary of the Diocese shall be
required to file said information with the General Synod, along with the
Annual Disclosure Form for review and incorporation into the filings of this
Church.
Section
4.3
The Church shall be financed through exactment
of tithes, quotas, or pledges. Tithes shall be on operating income
which shall be defined as all pledge and plate income. Parishes are
required to pay their tithes, quotas, or pledges to their geographic
dioceses as each diocese shall determine. Parishes that are unable to
pay this tithe, quota, or pledge must petition the Diocesan Standing
Committee for relief after demon-strating a good
faith effort. Dioceses shall pay their tithe, quota, or pledge to the
National Church. The Executive Council shall determine what sum shall
be paid to the National Church by each Diocese based on the budget approved
by the General Synod. A Diocese that is unable to pay this sum or any
portion thereof must petition the Executive Council for relief after
demonstrating a good faith effort to pay said sum.
CANON 5 - Of Business Methods in Church Affairs
Section
5.1
In every Diocese, Missionary District, Parish, Mission, and Institution,
connected with this Church, the following standard
business methods shall be observed:
(a) Trust and permanent funds and all
securities of whatsoever kind shall be deposited with a Federal or State
Bank, or a Diocesan Corporation, or with
some other agency approved in writing by the Finance Committee or the
Department of Finance of the Diocese or Missionary District, under either a
deed of trust or an agency agreement, providing for at least two signatures
on any order of withdrawal of such funds or securities.
But this paragraph shall not apply to funds and securities refused by the
depositories named as being too small for acceptance. Such small funds
and securities shall be under the care of the persons or corporations
properly responsible for them.
(b) Records shall be made and kept of all trust and permanent funds showing at least the following:
(1) Source and date
(2) Terms governing the use of principal and income
(3) To whom and how often reports of condition are to be made
(c) Treasurers and custodians, other than banking institutions, shall be adequately bonded; except treasurers of funds that do not exceed one thousand dollars at any one time during the fiscal year.
(d) Books of account shall be so kept as to provide the basis for satisfactory accounting.
(e) All accounts shall be audited annually by a Certified or Independent Public Accountant, or by such an accounting agency as shall be permitted by the Finance Committee or Department of Finance of the Diocese or Missionary District. A certificate of audit shall be forwarded to the Bishop or Ecclesiastical Authority not later than July 1 of each year, covering the financial reports of the previous calendar year.
(f) All buildings and their contents shall be kept adequately insured.
(g) The Finance Committee or Department of Finance of the Diocese or Missionary District may require copies of any or all accounts described in this Section to be filed with it and shall report annually to the Synod of the Diocese or Convocation of the Missionary District upon its administration of this Canon.
(h) The Diocese shall report to the Executive Council on the basis of the calendar year. Each Diocese may budget on the basis of the fiscal year most convenient to itself.
Section
5.2
The several Dioceses and Missionary Districts shall give effect to the
foregoing standard business methods by the enactment of Canons appropriate
thereto, which Canons shall invariably provide for a Finance Committee or a
Department of Finance of the Diocese or Missionary District.
Section
6.1
Subject to the proviso in Articles VII of the Constitution, the Dioceses and
Missionary Districts of this Church shall be and are hereby united into one
Province.
Section
6.2
When a new Diocese or Missionary
District shall be created in said Province, such new Diocese of Missionary
district shall be included in such Province.
CANON 7 - Of the Initial Extent of Dioceses
Section
7.1
The Dioceses of
this Church shall consist of five Dioceses. They are as follows:
(a) The Diocese of the Northeast shall include the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, and New York.
(b) The Diocese of the Eastern United States shall include the states of Pennsylvania, New Jersey, Delaware, Maryland, Ohio, West Virginia, Virginia, North Carolina, South Carolina, Georgia, and Florida, and the District of Columbia, Kentucky, Tennessee, Alabama and Mississippi.
(c) The Diocese of the Missouri Valley shall include the states of Minnesota, Iowa, Missouri, Kansas, Nebraska, South Dakota, and North Dakota, Wisconsin, Michigan, Illinois and Indiana.
(d) The Diocese of the Southwest shall include the states of Texas, Oklahoma, Arkansas, New Mexico, Colorado, and Louisiana.
(e) The Diocese of the West shall include the states of Idaho, Montana, Wyoming, Utah, Nevada, Arizona, California, Oregon, Washington, Alaska, and Hawaii.
Section
8.1
Whenever a new Diocese shall be formed within the limits of any
Diocese, or by the junction of two or more Dioceses, or parts of Dioceses,
or in a Missionary District, and such action shall have been ratified by the
General Synod, the Bishop of the Diocese or Missionary District within the
limits of which a Diocese is formed, or in case of the junction of two or
more Dioceses or Missionary District, or parts of Dioceses or Missionary
Districts, the senior Bishop by consecration, shall thereupon call the
Primary Synod of the new Diocese, for the purpose of enabling to organize,
and shall fix the time and place of holding the same, such place being
within the territorial limits of the new Diocese.
Section
8.2
In case there should be no Bishop who can call such Primary Synod, pursuant
to the foregoing provision, then the duty of calling such Synod for
the purpose of organizing and of fixing the time and place of its meeting,
shall be vested in the Standing Committee of the Diocese or Council of
Advice of the Missionary District within the limits of which the new one is
erected, or in the Standing Committee or Council of Advice of the oldest of
the Dioceses or Missionary Districts by the junction of this, or of parts of
which, the new Diocese may be formed. And such Standing Committee, or
Council of Advice, shall make the call immediately after ratification of the
General Synod.
Section
8.3
Whenever one Diocese is about to be divided into two Dioceses, the Synod of
such Diocese shall declare which portion thereof is to be the new Diocese,
and shall make the same known to the General Synod before the ratification
of such division.
Section
8.4
Whenever a new Diocese shall have organized in Primary Synod in
accordance with the provisions of the Constitution and Canons in such case
made and provided, and in the manner prescribed in the previous Section of
this Canon, and shall have chosen a name and acceded to the Constitution of
the General Synod in accordance with Article V., Section 1, of the
Constitution, and shall have laid before the General Synod certified copies
of the Constitution adopted at its Primary Synod, and the proceedings
preparatory to the formation of the proposed new Diocese such new Diocese
shall thereupon be admitted into union with the General Synod.
Section
8.5
The Convocation of a Missionary District at the time of its organization as
a Diocese, shall be entitled to elect Deputies to
the succeeding General Synod, and also to elect a Bishop, if the Missionary
Bishop in charge of such District shall elect not to become the Bishop of
said Diocese.
Section 8.6
(a) When a Diocese, and another Diocese which has been formed either by division therefrom or by erection into a Diocese of a Missionary District formed by division therefrom, shall desire to be reunited into one Diocese, the proposed reunion must be initiated by mutual agreement between the Synods of the two Dioceses, consented to by the Ecclesiastical Authority of each Diocese. If the said agreement is made and the consents given more than three months before the next meeting of the General Synod, the fact of the agreement and consents shall be certified by the Ecclesiastical Authority and the Secretary of the Synod of each Diocese to all the Bishops of the Church having jurisdiction in the United States, and to the Standing Committees of all the Dioceses; and when the consents of a majority of such Bishops and of a majority of the Standing Committees to the proposed reunion shall have been received, the facts shall be similarly certified to the Secretaries of the Houses of Clergy and Laity of the General Synod, and thereupon the reunion shall be considered complete. But if the agreement is made and the consents given within three months of the next meeting of the General Synod, the facts shall be certified instead to the Secretary of the Houses of Clergy and Laity, who shall lay them before the three Houses; and the reunion shall be deemed to be complete when it shall have been sanctioned by a majority vote in the House of Bishops, and in the Houses of Clergy and Laity.
(b) The Bishop of the parent Diocese shall be the Bishop and the Bishop of the junior Diocese shall be the Bishop Coadjutor, of the reunited Diocese; but if there be a vacancy in the Episcopate of either Diocese, the Bishop of the other Diocese shall be the Bishop, and the Bishop Coadjutor if there be one shall be the Bishop Coadjutor, of the reunited Diocese.
(c) When the reunion of the two Dioceses shall have been completed, the facts shall be certified to the Primate and to the Secretaries of the Houses of Clergy and Laity. Thereupon the Primate shall notify the Secretary of the House of Bishops of any alteration in the status or style of the Bishop or Bishops concerned, and the Secretaries of the Houses of Clergy and Laity shall strike the name of the junior Diocese from the roll of Dioceses in union with the General Synod.
Section 8.7
(a) Whenever the House of Bishops of this Church shall determine that the Diocesan boundaries of an existing Diocese or Missionary District should be changed, then the House of Bishops may change the boundaries of the existing Diocese or Missionary District, provided that the change shall be approved by the Executive Council and shall be approved by the Synod(s) of the Diocese(s).
(b) One the change in Diocesan boundaries has been approved by all of the entities which are to approve the same, this fact shall be certified to the Primate by the Secretary of the House of Bishops, who shall notify the Secretaries of the Houses of Clergy and Laity of the change in the diocesan boundaries
CANON 9 - Of Changes in the Territory of Missionary Districts.
Section
9.1
Whenever it is proposed to increase, diminish, retrocede, or otherwise
change the territory of a Missionary District within the United States, no
action shall be taken by the General Synod until the proposal has been
submitted to the Bishop and Synod and the Bishop and Convocation of each
Diocese and Missionary District involved.
Section
9.2
Any action taken by
the Synod or Convocation upon such proposal,
as prescribed in the foregoing Section, shall be certified without delay to
the Secretary of the House of Bishops and the Secretaries of the Houses of
Clergy and Laity, whereupon the General Synod may proceed to act in
accordance with Article VI, Section 2, of the Constitution.
CANON 10 - Of Standing Committees
Section
10.1
In every Diocese the Standing Committee shall elect from its own body a
President and a Secretary. They may meet in conformity with their own
rules from time to time, and shall keep a record of their proceedings; and
the President may summon a special meeting whenever he may deem it
necessary. They shall be summoned on the requisition of the Bishop, whenever
he shall desire their advice; and they may meet of their own accord and
agreeably to their own rules when they may be disposed to advise the Bishop.
The Bishop shall retain the right to preside when present.
Section
10.2
In all cases in
which a Canon of the General Synod directs a duty to be performed, or a
power to be exercised, by a Standing Committee, or by the Clerical members
thereof, or by any other body consisting of several members, a majority of
said members, the whole having been duly cited to meet, shall be a quorum;
and a majority of the quorum so convened shall be competent to act, unless
the contrary is expressly required by the Canon.
Section
10.3
When it is
certified to Primate of this Church by at least three reputable physicians
who shall have examined the case, that the Bishop of any Diocese is
incapable of authorizing the Bishop Coadjutor, if there be one, or a
Suffragan Bishop, if there be one, to act as the
Ecclesiastical Authority, then upon the advice of at least one Bishop of a
neighboring Diocese, to be selected by the Primate, the Bishop Coadjutor, if
there be one, or a Suffragan Bishop, if there be
one, and if the Constitution and Canons of the Diocese so provide, shall be
deemed by the Primate to be the Ecclesiastical Authority for all purposes
set forth in these Canons, and shall retain such authority until such time
as, acting upon a like certificate, the Primate shall declare the said
Bishop competent to perform his official duties.
In the event that there shall not be a Bishop Coadjutor, or a Suffragan Bishop, presiding in the said Diocese, then the Primate shall appoint a Bishop, who is a member of the House of Bishops of this Church, to act as the Ecclesiastical Authority for the Diocese.
Section
10.4
The Standing Committee shall only exercise Temporal Authority. The
Standing Committee shall not exercise any Ecclesiastical Authority, and may
not call upon any Bishop to do any visitations until the Synod of the said
Diocese shall call an Episcopal Visitor. Should the Standing Committee
desire a Bishop to make visitations to Parishes in said Diocese, prior to
Diocesan Synod meeting, the Standing Committee, through its President, or
such authorized person, shall request the Primate to appoint a Bishop to
make said visitations.
CANON 11 - Of Parishes and Congregations
Section
11.1
Every Congregation of this Church shall belong to the
Church in the Diocese or Missionary District in which its place of
worship is situated; and no Minister having a Parish or Cure in more than
one jurisdiction shall have a seat in the Synod or Convocation of any
jurisdiction other than that in which he has his canonical residence.
Section 11.2
(a) The ascertainment and defining of the boundaries of existing Parishes or Parochial Cures, as well as the establishment of a new Parish or Congregation, and the formation of a new Parish within the limits of any other Parish, is left to the action of the several Diocesan Synods.
(b) Until a Canon or other regulation of a Diocesan Synod shall have been adopted, the formation of new Parishes, or the establishment of new Parishes or Congregations within the limits of existing Parishes, shall be vested in the Bishop of the Diocese, acting by and with the advice and consent of the Standing Committee thereof, and, in case of there being no Bishop, in the Ecclesiastical Authority.
(a) When Parish boundaries are not defined
by law, or settled by Diocesan Authority under Section 2 of this
Canon, or are not otherwise settled, they shall be defined by the
civil divisions of the State as follows:
Parochial boundaries shall be the limits as fixed by law, of a village,
town, township, incorporated borough, city, or of some division of any such
civil district, which may be recognized by the Bishop, acting with the
advice and consent of the Standing Committee, as constituting the boundaries
of a Parish.
(b) If there be but one Church or Congregation within the limits of such village, town, township, borough, city, or such division of a civil district, as herein provided, the same shall be deemed the Parochial Cure of the Minister having charge thereof. If there be two or more Churches or Congregations therein, it shall be deemed the Cure of the Ministers thereof.
(c) This Canon shall not affect the legal rights of property of any Parish or Congregation.
Section
12.1
In every Parish of this Church the number, mode of election, and term of
office of Wardens and Vestrymen, with the qualification of voters, shall be
such as the State or Diocesan Law may permit or require, and the Wardens and
Vestrymen elected under such law shall hold office until their successors
are elected and have qualified.
Section
12.2
Except as provided by the law of the State or of the
Diocese, the Vestry shall be agents and legal representatives of the Parish
in all matters concerning its corporate property and the relations of the
Parish to its Clergy.
Section
12.3
Unless it conflict with the law as aforesaid, the Rector, when present,
shall preside in all the meetings of the Vestry.
CANON 13 - Of Congregations in Foreign Lands
Section
13.1
It shall be lawful, under the conditions hereinafter
stated, to organize a Congregation in any foreign land, and not
within the jurisdiction of any Missionary Bishop of this Church.
Section
13.2
The Bishop in charge of such Congregations, and the Council of Advice
hereinafter provided for, may authorize any Presbyter of this Church to
officiate temporarily at any place to be named by them within any such
foreign land, upon being satisfied that it is expedient to establish at such
place a Congregation of this Church.
Section
13.3
Such Presbyter, after having publicly officiated at such place on four
consecutive Sundays, may give notice, in the time of Divine Service, that a
meeting of the persons of full age and attending the services, will be held,
at a time and place to be named by the Presbyter in charge, to organize the
Congregation. The said meeting may proceed to effect an organization
subject to the approval of the said Bishop
and Council of Advice and in conformity to such regulations as the said
Council of Advice may provide.
Section
13.4
Before being
taken under the direction of the General Synod
of this Church, such Congregation shall be required, in its
Constitution, or Plan, or Articles of Organization, to recognize and accede
to the Constitution, Canons, Doctrine, Discipline, and Worship of this
Church, and to agree to submit to and obey such directions as may be, from
time to time, received from the Bishop in charge and Council of Advice.
Section
13.5
The desire of
such Congregation to be taken under the direction of the General Synod shall
be duly certified by the Minister, one Warden, and two Vestrymen or Trustees
of said Congregation, duly elected.
Section
13.6
Such
certificate, and the Constitution, Plan, or Articles of Organization, shall
be submitted to the General Synod, if it be in session, or to the Primate at
any other time; and in case the same are found satisfactory, the Secretaries
of the Houses of Clergy and Laity of the General Synod, under written
instruction from the Primate, shall thereupon place the name of the
Congregation on the list of Congregations in foreign lands under the
direction of the General Synod; and a certificate of the said official
action shall be forwarded to and filed by the Registrar of this Church.
Such Congregations are placed under the government and jurisdiction of the
Primate.
Section
13.7
The Primate may,
from time to time, by written commission under his own signature and seal,
assign to any other Bishop of this Church, having a seat and vote in the
House of Bishops, the full charge of one or more of such Congregations, and
the Ministers officiating therein, for such period of time as he may deem
expedient, not exceeding three years; Provided, that should such term expire
in a year during which a General Synod is to be held, prior to said Synod,
the commission may be extended until the adjournment of the Synod.
Section
13.8
Nothing in this
Canon is to be construed as preventing the
election of a Bishop to have charge of such Congregations under the
provision of Canon 38.
Section
13.9
To aid the
Primate or the Bishop in charge of these foreign Churches in administering
the affairs of the same, and in settling
such questions as may, by means of their peculiar situation, arise, a
Council of Advice, consisting of four Clergymen and four Laymen, shall be
constituted as follows, and shall act as a Council of Advice to the Bishop
in charge of the foreign Churches. They shall be chosen to serve for
two years and until their successors are elected and have accepted election,
by a Convocation duly convened, of all the Clergy
of the foreign Churches or Chapels, and two Lay representatives of each
Church or Chapel, chosen by its Vestry or Committee. The Council of
Advice shall be convened on the requisition of the Bishop whenever he may
desire their advice, and they may meet of their own accord and agreeably to
their own rules when they may wish to advise the Bishop. When a
meeting is not practicable, the Bishop may ascertain their mind by letter.
It shall be lawful for the Primate at any time to authorize by writing under
his hand and seal the Council of Advice to act as the
Ecclesiastical Authority.
Section
13.10
In case a
Minister in charge of a Congregation in a foreign land shall be accused of
any offense under the Canons of this Church, it shall be the duty of the
Bishop in charge of such Congregation to summon the Council of Advice, and
cause an inquiry to be instituted as to the truth of such accusation; and
should there be reasonable grounds for believing the same to be true, the
said Bishop and the Council of Advice shall appoint a Commission, consisting
of three Ministers and two Laymen, whose duty it shall be to meet in the
place where the accused resides, and to obtain all the evidence in the case
from the parties interested; they shall give to the accused all rights under
the Canons of this Church which can be exercised in a foreign land.
The judgment of the said Commission, solemnly made, shall then be sent to
the Bishop in charge, and to the Primate, and, if approved by them, shall be
carried into effect; Provided, that no such Commission shall recommend any
other discipline than admonition or removal from his charge of
Minister of said Congregation. Should the result of the inquiry
of the aforesaid Commission reveal evidence tending, in their judgment, to
show that said Minister deserves a severer discipline, all the documents in
the case shall be placed in the hands of the Primate, who may proceed
against the said Minister, as far as possible, according to the Canons of
the General Synod.
Section
13.11
If there be a
Congregation within the limits of any city in a foreign land, no new
congregation shall be established in that city, except with the consent of
the Bishop in charge and the Council of Advice.
Section
13.12
In cases of a
difference between the Minister and a Congregation in a foreign land, the
Bishop in charge shall duly examine the same, and the said Bishop shall,
with the Council of Advice, have full power to settle and adjust such
difference upon principles recognized in the Canons of the General Synod.
Section
13.13
No Minister
shall be allowed to take charge of a Congregation in a foreign land,
organized under this Canon, until he shall have been nominated by the Vestry
thereof, or, if there be no Vestry, by the Council of Advice, and approved
by the Bishop in charge, and when such appointment shall have been accepted
by the Minister so appointed, he shall be transferred to the jurisdiction of
the Primate.
CANON 14 - Of Clergy and Congregations Seeking Affiliation with This Church
Section
14.1
Whenever a congregation of Christian people, holding the Christian faith as
set forth in the Catholic creeds and recognizing the Scriptures as
containing all things necessary to salvation, but using a rite other than
that set forth by this Church, shall desire affiliation with this Church,
while retaining the use of its own rite, such congregation shall with the
consent of the Bishop in whose Diocese it is situate make application
through the Bishop to the Primate for status.
Section
14.2
Any minister who has not received episcopal
ordination and desires to serve such a
congregation shall conform to the provisions of Canon 34.
Section
14.3
In case the minister of such congregation shall have been ordained by a
Bishop not in communion with this Church, but the regularity of whose
ordination is approved by the Primate, he shall be admitted in his Orders
under the provision of Canon 34.
Section
14.4
Ministers and delegates of such congregations may have seats but no vote in
the Diocesan Synod unless by formal action of such Synod they are so
admitted.
Section
14.5
The oversight of congregations so admitted shall rest with the Bishop of the
Diocese unless he shall delegate this authority to a Bishop who may be
commissioned by the Primate to have oversight of such congregations.
CANON 15 - Of Regulations Respecting the Laity
Section
15.1
All persons who have received the Sacrament of Holy Baptism with water in
the name of the Father, and of the Son, and of
the Holy Ghost, and whose baptism has been duly recorded in this
Church, are members thereof.
Section
15.2
All such baptized persons who shall for one year next
preceding have fulfilled the requirements of the Canon "Of the Due
Celebration of Sundays", unless for good cause prevented, are members of
this Church in good standing.
Section
15.3
All such members in good standing who have been confirmed by a Bishop of
this Church or a Bishop of a Church in communion with this Church or have
been received into this Church by a Bishop of this Church, and who shall,
unless for good cause prevented, have received Holy Communion at least
thrice during the next preceding year, are communicants in good standing.
Section
15.4
Every communicant or baptized member of this Church shall be entitled to
equal rights and status in any Parish or Mission thereof. He shall not
be excluded from the worship or Sacraments of the church,
nor from parochial membership because of race,
color, or ethnic origin.
Section 15.5
(a) A communicant or baptized member in good standing, removing from one Parish or Congregation to another, shall be entitled to receive and shall procure from the Rector or Minister of the Parish or Congregation of his or her last enrollment or, if there be no Rector or Minister, from one of the Wardens, a certificate addressed to the Rector or Minister of the Parish or Congregation to which removal is desired, stating that he or she is duly registered or enrolled as a communicant or baptized member in the Parish or Congregation from which he or she desires to be transferred, and the Rector or Minister or Warden of the Parish or Congregation to which such communicant or baptized member may remove shall enroll him or her as a communicant or baptized member when such transferred, and the Rector or Minister or Warden of the Parish or Congregation to which such communicant or baptized member may remove shall enroll him or her as a communicant or baptized member when such certificate is presented, or, on failure to produce such certificate through no fault of such communicant or baptized member, upon other evidence of his or her being such a communicant or baptized member, sufficient in the judgment of said Rector or Minister. Notice of such enrollment in such Parish or Congregation to which such communicant or baptized member shall have removed shall be sent by the Rector or Minister thereof to the Rector of the Parish from which the communicant of baptized member is removed.
(b) Any communicant of any Church in communion with this Church shall be entitled to the benefit of this Section so far as the same can be made applicable.
(c) It shall be the duty of the Rector or Minister of every Parish or Congregation, learning of the removal of any member of his Parish or Congregation to another Cure without having secured a letter of transfer, as herein provided, to transmit to the Minister of such Cure a letter of advice informing him thereof.
Section
15.6
When a person to whom the Sacraments of the Church shall have been
refused, or who has been repelled from the Holy Communion under the
Rubrics, or who desires a judgment as to his status in the Church, shall
lodge a complaint or application with the Bishop, or Ecclesiastical
Authority, it shall be the duty of the Bishop, or Ecclesiastical Authority,
unless he or it sees fit to require the person to be admitted or restored
because of the insufficiency of the cause assigned by the Minister, to
institute such an inquiry as may be directed by the Canons of the Diocese or
Missionary District, and should no such Canon exist, the Bishop or
Ecclesiastical Authority shall proceed according to such principles of law
and equity as will insure an impartial decision; but no Minister of this
Church shall be required to admit to the Sacraments a person so refused or
repelled, without the written direction of the Bishop or Ecclesiastical
Authority.
Section 15.7
(a) If any Minister of this Church shall have cause to think that a person desirous of Holy Baptism, or of Confirmation, or of receiving the Holy Communion, has been married otherwise than as the word of God and discipline of this Church allow, such Minister, before receiving such person to this ordinance, shall refer the case to the Bishop for his godly judgment thereupon. The Bishop, after due inquiry into the circumstances, and taking into consideration the godly discipline both of justice and of mercy, shall give his judgment thereon in writing; Provided, however, that no Minister shall in any case refuse these ordinances to a penitent person in imminent danger of death.
(b) Any persons who have been married by civil authority, or otherwise than as this Church provides, may apply to the Bishop or to the Ecclesiastical Court of their domicile for the recognition of communicant status or for the right to apply for Holy Baptism or Confirmation. After due inquiry into all the facts relevant thereto, judgment shall be given in writing to the petitioners by the Bishop or by the Ecclesiastical Court acting through the Bishop.
(c) When marital unity is imperiled by dissension, it shall be the duty of either or both parties, before contemplating legal action, to lay the matter before a Minister of this Church; and it shall be the duty of such Minister to labor that the parties may be reconciled.
CANON 16 - Of the Solemnization of Holy Matrimony
Section
16.1
Every Minister of this Church shall conform to the laws of the State
governing the creation of the civil state of Marriage, and also to the laws
of this Church governing the solemnization of Holy Matrimony.
Section
16.2
No Minister of this Church shall solemnize any marriage unless the following
conditions are complied with:
(a) He shall have ascertained the right of the parties to contract a marriage according to the laws of the State.
(b) He shall have ascertained the right of the parties to contract a marriage according to the laws of this Church, and not in violation of the following impediments:
(1) Consanguinity (whether of the whole or of the half blood) within the following degrees:
a. One may not marry one's ascendant or descendant.
b. One may not marry one's sister.
c. One may not marry the sister or brother of one's ascendant or the descendant of one's brother or sister.
(2) Mistake as to the identity of either party.
(3) Mental deficiency of either party sufficient to prevent the exercise of intelligent choice.
(4) Insanity of either party.
(5) Failure of either party to have reached the age of puberty.
(6) Impotence, sexual perversion, or the existence of venereal disease in either party undisclosed to the other.
(7) Facts which would make the proposed marriage bigamous.
(8) Concurrent contract inconsistent with the contract constituting canonical marriage.
(9) Attendant conditions: error as to the identity of either party, fraud, coercion or duress, or such defect of personality as to make competent or free consent impossible.
(c) He shall have ascertained that both of the parties have received Holy Baptism.
(d) He shall have instructed the parties as to the nature of Holy Matrimony.
(e) The intention of the parties to contract a marriage shall have been signified to the Minister at least three days before the service of solemnization; Provided, that, for weighty cause, the Minister may dispense with this requirement, if one of the parties is a member of his Congregation, or can furnish satisfactory evidence of his responsibility. In case the three days' notice is waived, the Minister shall report his action in writing to the Ecclesiastical Authority immediately.
(f) There shall be present at least two witnesses to the solemnization of the marriage.
(g) The Minister shall record in the proper register the date and place of the marriage, the names of the parties and their parents, the age of the parties, their residences, and their Church status, and the witnesses and the Minister shall sign the record.
Section 16.3
The Minister shall have required that the parties sign the following declaration:
"We, A.B. and C.D., desiring to receive the blessing of Holy Matrimony in the Church, do solemnly declare that we hold marriage to be a lifelong union of husband and wife as it is set forth in the Form of Solemnization of Holy Matrimony in the Book of Common Prayer. We believe it is for the purpose of mutual fellowship, encouragement, and understanding, for the procreation (if it may be) of children, and their physical and spiritual nurture, for the safeguarding and benefit of society. And we do engage ourselves, so far as in us lies, to make our utmost effort to establish this relationship and to seek God's help thereto."
Section
16.4
It shall be within the
discretion of any Minister of the Church to decline to solemnize any
marriage.
Section
16.5
No Minister of the Church shall solemnize any marriage except in accordance
with these Canons.
Section
16.6
No Minister of this Church shall solemnize the marriage of any person who
has been the husband or wife of any other person then living whose marriage
has been annulled or dissolved by the civil court, except as hereinafter in
these Canons provided; nor shall any member of the Church enter upon a
marriage when either of the contracting parties has been the husband or the
wife of any other person then living whose marriage has been annulled or
dissolved by a civil court, except as hereinafter in these Canons provided.
CANON 17 - Regulations Respecting Holy Matrimony
Section
17.1
The provisions of this Canon shall apply only to an active member of this
Church in good standing.
Section 17.2
(a) Any person, being a member of this Church in good standing, whose marriage has been annulled or dissolved by a civil court of competent jurisdiction may apply to the Bishop or Ecclesiastical Authority of the Diocese or Missionary District in which such person is canonically resident for a judgment as to his or her marital status in the eyes of the church. And any person, being a member of this Church in good standing, who desires to marry a non member of this Church whose previous marriage has been dissolved or annulled by a civil court of competent jurisdiction may apply to the Bishop or Ecclesiastical Authority of the Diocese or Missionary District in which he or she is canonically resident, for permission to be married by a Minister of this church, provided in both cases that the judgment of the civil court has become final and that least one year shall have elapsed from the date the decree became final. Such application should be made at least thirty days before a contemplated marriage.
(b) If the Bishop or Ecclesiastical Authority is satisfied that the parties intend a true Christian marriage he may refer the application to his Council of Advisors, or to the Court if such has been established by diocesan action. The Bishop or Ecclesiastical Authority shall take care that his or its judgment is based upon and conforms to the doctrine of this Church, that marriage is a physical, spiritual, and mystical union of a man and woman created by their mutual consent of heart, mind and will thereto, and is a Holy Estate instituted of God and is in intention lifelong; but when any of the facts set forth in Canon 16, Section 2, Clause (b), are shown to exist or to have existed which manifestly establish that no marriage bond as the same is recognized by this Church exists, the same may be declared by proper authority. No such judgment shall be construed as reflecting in any way upon the legitimacy of children or the civil validity of the former relationship. A decision shall be made within thirty days of the time application is made to the Bishop, and, if not, the marriage shall be presumed valid.
(c) Every judgment rendered under this Canon shall be in writing and shall be made a matter of permanent record in the Archives of the Diocese or Missionary District.
(d) Any person in whose favor a judgment has been granted under the provisions of this Canon may be married by a Minister of this Church; Provided, that if the marriage is proposed to be solemnized in another jurisdiction than the one in which said judgment has been granted, the said judgment shall have previously been submitted to and approved by the Ecclesiastical Authority of that jurisdiction.