Canons

These Canons are the Local Canons of the Holy Catholic Church - Western Rite (in the Family of Catholic Churches). They provide a general  framework for Local Diocesan Canons and are intended to reflect the Canonical Tradition of the undivided Catholic Church. These Canons were reviewed, clarified and confimed by the Synod of Bishops meeting at the Gethsemane Abbey, Bucaramanga, Columbia in  June 2005.

CONSTITUTIONAL CANONS

TITLE I: CONCERNING THE CHURCH AND THE FAITH

Canon 1: OF THE AUTHORITY OF THESE CANONS: The Canons given below possess authority and command obedience only as far as they witness to and embody that divinely ordered constitution with which Christ, abiding in His Church through the Holy Spirit, has endowed his Holy People (Quinisext Council I).

Canon 2: OF THE NAME OF THIS CHURCH: This Church shall be known in general as The Holy Catholic Church - Western Rite. The name of this Church may be varied according to the particular circumstance and civil regulations of any country in which this Church maintains a presence. The identity of this Church is secured by the Standard of Faith which is maintained by all its members.

Canon 3: OF THE NATURE OF THE CATHOLIC CHURCH: "Where Christ is, there is the Catholic Church" (St. Ignatius of Antioch, Smyrnaeans VIII). This Church acknowledges that the Catholic Church (of which it is itself a manifestation) is the sacramental Body of Christ. Through the Holy Spirit, abiding for all time in the Church, Christ bestows His Risen and Saving Life upon His Holy People. The Catholic Church is both distinguishable and inseparable from her Lord.

Canon 4: OF THE STANDARD OF FAITH OF THIS CHURCH: The Standard of Faith of this Church is that of the "Teaching of the Holy Fathers and of the Oecumenical Councils and the Tradition of the Catholic Church" (Nicaea II, Session I, Anathema VIII). By this Teaching and Tradition the true saving interpretation of Holy Scripture, the Word of God, is secured for all time by the Holy Spirit. This Church recognises that the Teaching and (Holy) Tradition referred to above have been preserved faithfully, under the guidance of the Holy Spirit, by all seven Ecumenical Councils - to which Councils this Church subscribes.

Canon 5: OF THE SACRAMENTS AND MINISTRY OF THIS CHURCH: The Holy Sacraments and Ministry of this Church are those which have continued in the Catholic Church since the time of the Apostles. This Church recognises seven Sacraments, namely: Holy Baptism and Confirmation, The Holy Eucharist (Mass), Holy Orders, Holy Matrimony, Penance, and Unction. In conformity with the Holy Tradition, Holy Orders may be bestowed only upon men (note Quinisext Council LXX).

Canon 6: OF THE CREEDS: This Church accepts, as the Baptismal Symbol (Statement of Faith), the Creed commonly called the Apostles Creed. This Church acknowledges the Creed known as the Athanasian Creed. This Church submits itself to the Creed of the First Ecumenical Council (Nicaea I) as received through the Second Ecumenical Council (Constantinople I) and commonly known as the Nicene Creed. This Church recognises that this Creed is to be maintained in its original form.

Canon 7: OF THE MOTHER OF GOD: This Church maintains devotion to Mary, Mother of God (Theotokos), in accordance with the witness of the Catholic Church. This Church therefore acknowledges not only that Mary is truly the Mother of God (St. Cyril, 12 Anathemas), but also recognises her personal sinlessness, her perpetual virginity and her glorification (Dormition/Assumption), body as well as soul (Constantinople II, Capitulum VI, Nicaea II, Decree), in total fulfilment of the whole divine scheme of salvation - seeking her intercession also as foremost among the Angels, and the Saints departed this life.

Canon 8: OF THE GOVERNMENT OF THIS CHURCH: This Church is governed and directed under the Holy Tradition by Bishops (Apostolic Canon XXXIV) holding without reservation the orthodox Apostolic and Catholic Faith, and consecrated within the Apostolic Succession. The Bishops, as successors of the Holy Apostles, govern according to the Canons of the Seven Oecumenical Councils and of those other Councils recognised by them, and by such Canons approved by the Synods of the Bishops of this Church which do not conflict with the Canons approved by the Fathers of the Ecumenical Councils.

Canon 9: OF BISHOPS ORDINARY: The Bishops Ordinary of this Church, as successors of the Apostles, are charged with the entire care and government of all within their Dioceses. The Bishops Ordinary are the chief pastors of the flock entrusted to them. They maintain themselves, and all for whom they are responsible, in the Holy Tradition, ruling in accordance with the Canons of the Catholic Church.

Canon 10: OF THE UNITY OF THE EPISCOPATE: The Bishops of this Church hold their Apostolic authority both individually and collectively from Christ. In obedience to the ancient Canons of the Catholic Church (Apostolic Canon XXXIV) they choose one to be first among them (in any provincial area determined by them) [as Metropolitan Bishop] and do nothing of consequence without his consent, just as he must do nothing without the consent of all - so that there may be unity and that God may be glorified. [(See also Canon Title II;11)]

Canon 11: OF SYNODS OF BISHOPS: The ancient Canons recognised by this Church direct that there shall be two Synods each year at which Bishops shall settle matters concerning the Church by the guidance of the Holy Spirit and in accordance with the Holy Tradition (Apostolic Canon XXXVII). See also Canon Title II: 7.

Canon 12: OF LITURGICAL USAGE: This Church has received a rich heritage of worship based on an ancient liturgical tradition of the Catholic Church. While accepting that there will be local variations of usage, the ancient liturgical tradition remains the standard by which all forms of acceptable worship are to be measured. The Gregorian Canon provides the most appropriate Eucharistic Prayer of Consecration

Canon 13: OF MARRIAGE VOWS: This Church upholds the sanctity of Marriage as a life-long, indissoluble, commitment of a man and a woman in fidelity to one another. This Church recalls that the Catholic Church herself is the Eternal Bride of Christ.

Canon 14: OF SPIRITUAL DISCIPLINE: It is required of all members of this Church to strive to achieve holiness of life, relying upon the strength given them by the abiding presence of the Holy Spirit and encouraged by the examples of the Saints who have gone before them to their eternal reward.

Canon 15: OF RECEIVING COMMUNION: Those whose Baptism and Confirmation are recognised by this Church may receive Holy Communion at its Altars. In normal circumstances only those who have been formally accepted into the fellowship of this Church  receive communion.

Canon 16: OF FURTHER MATTERS UNDER THIS TITLE: Where further matters arise which require the decision of the Synod of Bishops, such decisions can be entered as Canons under this Title.

TITLE II: CONCERNING THE TEMPORAL STRUCTURE OF THE CHURCH

Canon 1: OF THIS CHURCH: This Church is a manifestation of the One Holy Catholic and Apostolic Church of Christ.

Canon 2: OF THE DIOCESE AND OF THE BISHOP ORDINARY: This Church recognises that each Diocese (that is, the area over which a Bishop Ordinary presides and in which he must be resident) manifests the fullness of the sacramental Body of Christ (see Canon Title I:3). Every Bishop Ordinary of this Church has authority over his own Diocese "to manage it with piety, to make provision for the Faithful, to Ordain Priests and Deacons, and to settle everything with judgement" (Dedication Council, Antioch, Canon IX). The Priests and Deacons of every Diocese "must do nothing without the sanction of the Bishop for it is he who is entrusted with the People of the Lord, and of whom will be required the account of their souls" (Apostolic Canon XXXIX).

Canon 3: OF THE RECOGNITION OF BISHOPS AND THEIR DIOCESES: Where there is a Bishop Ordinary recognised by the Bishops of this Church there also is a Diocese (St. Cyprian Letter XXVI). To the Provincial Synod of Bishops belongs the responsibility to elect, and consecrate new Bishops and grant recognition to other Bishops Ordinary and Assistant Bishops holding the Standard of Faith maintained by this Church.

Canon 4: OF ASSISTANT BISHOPS: Where there is pastoral need, the Synod of Bishops may elect and consecrate an Assistant Bishop to a Bishop Ordinary. Such Assistant Bishops shall be members of the Synod of Bishops (seat and voice only and see below Canon Title II:6), but the conditions and extent of their ministry within the diocese will be subject to determination by their respective Bishops Ordinary. A Bishop Ordinary may also appoint as his Assistant any man who is already a member of the Synod of Bishops and resident within his Diocese.

Canon 5: OF THE LIMITATION OF EPISCOPAL AUTHORITY AND MINISTRY: The authority and episcopal ministrations of a Bishop of this Church are subject to the limitations imposed by the Ecumenical Canons. Bishops Ordinary confine their episcopal ministrations to their own Dioceses (I Constantinople Canon II, Apostolic Canon XXXV) unless requested to act by the Bishop Ordinary of another Diocese on his behalf. (Dedication Council, Antioch XXII). Assistant Bishops are likewise subject to the same canonical limitation.

Canon 6: OF THE SYNOD OF BISHOPS: The provincial Synods of Bishops of this Church include all Bishops Ordinary and Assistant Bishops in full communion with their Metropolitan and active in ministry.

Canon 7. OF MEETINGS OF THE SYNOD OF BISHOPS: The ancient Canons acknowledged by this Church require that the Synod of Bishops of a Province meet as a Synod twice a year to "examine among themselves the decrees concerning religion and to settle ecclesiastical controversies which have occurred" (Apostolic Canons XXXVII). Moreover it is required that the same Bishops meet in Synod to elect suitable men to fill up the number of the episcopal Order (Laodicea XII, Nicaea IV). To enable the intention of these Canons to be fulfilled this Church directs that the Synod of Bishops establish a means by which full consultation takes place so that the Bishops of the College may register their synodical judgements.

Canon 8: OF OBTAINING SYNODICAL CONSENT: The decisions taken by a Synod of Bishops on matters of importance are to be attained through moral unanimity or, failing that, by majority approval (see Dedication Council, Antioch, Canon XIX). Where a dispute remains unresolved, the provisions of the Dedication Council, Antioch, Canon XIV are to be followed. Care shall be taken to record all decisions accurately and notify the whole of this Church accordingly.

Canon 9: OF MATTERS RESERVED TO THE SYNOD: All matters concerning doctrine, moral discipline and liturgical custom are reserved to the judgement and direction of the Synod; subject only to the Holy Tradition of the Catholic Church (see Canons Title I:4 and 8). Accusations against a Bishop must be brought before the provincial Synod for judgement..

Canon 10. OF MATTERS OF COMMON RESPONSIBILITY: Matters concerning the temporal administration and well-being of this Church are the common concern and responsibility of all members of this Church. Decisions of this nature are to be taken as set out in the Administrative Canons of this Church (see Canons Title III;3 and 8).

Canon 11: OF THE METROPOLITAN BISHOP: The Metropolitan Bishop (Metropolitan or Archbishop) shall be chosen from among his fellow Bishops Ordinary in accordance with Apostolic Canon XXXIV (see also Canon Title I:10). Over and above the care of his own Diocese, the Metropolitan shall take thought for all within his metropolitical province (Dedication Council, Antioch, Canon IX). Where a Diocese shall be without a Bishop, the Synod of Bishops shall appoint one of their number as the acting Bishop Ordinary (or Episcopal Visitor) of that Diocese. The Metropolitan shall, nevertheless, arrange for the vacancy to be filled as swiftly as conditions allow (Chalcedon, Canon XXV).

Canon 12: OF THE RIGHT OF ACCESS TO THE SYNOD OF BISHOPS: Every member of this Church, whether of the Lay or Clerical Order, has the right of direct and unhindered access to the Synod of Bishops where a case of serious and persistent contravention of the Doctrine, Discipline, or Worship of this Church occurs. Since the Metropolitan has the duty, as noted in Canon 11 above, to take thought for all within his metropolitical province, it is normally his responsibility to notify the Synod of any such concern.

Canon 13. OF THE POWERS AND RESPONSIBILITIES OF THE SYNOD OF BISHOPS: It belongs to Synod of Bishops, with the concurrence of the Metropolitan, to announce, authorise, and summon all Provincial Conferences. The Metropolitan ratifies all decisions made for the good ordering of the Church at such Conferences. If the Metropolitan withholds consent, any such decision is of no effect, but he is required to give reasons for any decision to withhold his consent. The reasons for withholding of consent by the Metropolitan can be reviewed and overridden by a unanimous vote in the Synod of Bishops. The Metropolitan is required to initiate and authorise the election of Bishops Ordinary to vacant Sees (see Canon Title II:11 above). Without confirmation by the Metropolitan no election or consecration of a Bishop shall stand. The Metropolitan shall normally be the chief consecrator of all Bishops Ordinary and other bishops within his Province.

Canon 14: OF THE ACTING METROPOLITAN: The Acting Metropolitan who, on those occasions when it is not fitting that the Metropolitan himself should preside directly over all or any part of a Synod of Bishops, a Provincial Conference, etc., shall be the next most senior Bishop Ordinary by date of consecration, willing and able to act in this capacity. Likewise, if the Metropolitan is unable to carry out his duties for a prolonged period - due to illness or some other unforseen and unavoidable cause - the Acting Metropolitan shall perform such duties until the Metropolitan resumes or vacates his Office. If the Office of Metropolitan falls vacant the Acting Metropolitan shall, with the least possible delay, call the Synod together to elect another Metropolitan.

Canon 15: OF THE CLERGY: The Priests and Deacons of this Church exercise their ministry only under the licence of their Bishop Ordinary and in obedience to him as his co-workers. They shall keep in mind constantly that their ministry is one with his and do nothing without his sanction (Apostolic Canon XXIX).

Canon 16: OF DIVORCE AND REMARRIAGE OF THE CLERGY: No man who has been divorced and has remarried, or who has married a divorced woman, may be ordained or licensed.

Canon 17: OF LICENSED READERS: Bishops Ordinary of this Church licence fit men as Readers. Such men are authorised to conduct non-sacramental worship for the congregations to which they are licenced and may preach if so authorised by the Bishop Ordinary.

Canon 18: OF CONGREGATIONS. Where the members of this Church gather together on a regular and announced basis for worship, either in a dedicated building, hired premises, or a private dwelling, they shall constitute a congregation. Such congregations shall be placed under the direction and care of a Licensed Reader or an Ordained Minister of this Church.

Canon 19: OF THE WORSHIP OF THIS CHURCH: The worship of this Church shall be as the Synod of Bishops of this Church shall direct with due regard to Canon Title I:12.

Canon 20: OF FURTHER MATTERS UNDER THIS TITLE: Where further matters arise which require the decision of the Synod of Bishops, such decisions can be entered as Canons under this Title.

TITLE III: CONCERNING THE TEMPORAL ADMINSTRATION OF THE CHURCH.

Canon 1: OF THE EXECUTIVE AND LEGISLATIVE POWERS OF THE METROPOLITAN AND THE BISHOP ORDINARY: The executive and legislative powers of the Metropolitan are to be exercised through the Synod of Bishops and also, as appropriate, through the Provincial Conference; those of the Bishop Ordinary are exercised through the Diocesan Council of Advice and through the Diocesan Conference. No Council or Conference shall deal with matters reserved to the Synod of Bishops under Canon Title II:9. To the Synod of Bishops is also reserved the right to act directly where the good order of the Church is threatened.

Canon 2: OF THE JUDICIAL (DISCIPLINARY) POWERS OF THE METROPOLITAN AND THE BISHOP ORDINARY: The judicial (disciplinary) powers of the Metropolitan and of the Bishop Ordinary are to be administered through the Synod of Bishops, and, as appropriate, according to the Diocesan Canons in force in any diocese. All matters concerning false doctrine are reserved to the Synod of Bishops.

Canon 3. OF THE PROVINCIAL CONFERENCE: The Provincial Conference will be called and authorised in accordance with Canon Title II:13. It shall meet every five years or more frequently if the Synod of Bishops deems it necessary. To this end the Conference reviews the state of the Church, receives reports and financial statements, makes recommendations and, where appropriate, approves new Canonical Regulations (see Canon Title III:8 below) or confirms or makes modifications to those already in force. The composition of the Provincial Conference will include all members of the Synod of Bishops, and representatives of the Clergy and Laity of the Dioceses. All decisions and acts of the Provincial Conference require the concurrence of the Metropolitan. Where circumstances require, additional (or extraordinary) meetings of the Provincial Conference can be called.

Canon 4: OF A PROVINCIAL FUND: If required, a fund may be established by the Metropolitan under the direction of the Synode of Bishops to meet expenses incurred in the running of the Province. The administration of the Fund will be answerable directly to the Synod of Bishops and will be subject to review by the Provincial Conference.

Canon 5: OF THE DIOCESAN CONFERENCE: The Diocesan Conference will be called according to the directions set out in the Local Diocesan Canons concerned.

Canon 6: OF THE BISHOP'S COUNCIL OF ADVICE: The Bishop's Council of Advice shall be constituted according to the Local Diocesan Canons concerned.

Canon 7: OF THE CANONS AND CANONICAL REGULATIONS: The Provincial Synod of Bishops alone has the power to pass or modify Canons for the good order of the Province. All such Canons are subject to the Canons approved by the Fathers of the Ecumenical Councils (see Canon Title I:8). All other matters requiring regulation will be dealt with by Canonical Regulations approved by the Provincial Conferences.

Canon 8: OF REGISTRATION WITH THE CIVIL AUTHORITIES IN MATTERS TEMPORAL: In whatever Country this Church maintains a presence, its existence shall be registered with the civil authorities in accordance with the Law of that Country in matters temporal and its financial affairs, accounting, and tenure of property, buildings and land shall be in conformity with such regulations as are required by the same civil authorities.

Canon 9: OF BUILDINGS AND LAND: The ownership of all buildings and land acquired and used by any Congregation of this Church shall be determined according to the Law of the country concerned.

Canon 10: OF FURTHER MATTERS UNDER THIS TITLE: Where further matters arise which require the decision of the Synod of Bishops, such decisions can be entered as Canons under this Title..

MINUTES OF THE SYNOD HELD AT GETHSEMANE ABBEY, BUCAMARANGA, REPUBLIC OF COLUMBIA BEGINNING ON ON TUESDAY 28th JUNE 2005

Present were: Bishop Cruz-Blanco and Bishop Wright, Bishop Wright also represented Bishop Banzana.

1a
The Synod considered carefully the Notice of Deposition dated the Fourth of April 2005 issued against Bishop Samuel Mzukisi Banzana. It was determined that the Notice ignores due process and brings no specific evidence to substantiate the charge of ‘persistent schismatic behaviour’ (an offence which appears to have been invented for the occasion since it does not feature in the HCC-WR Canonical Regulations for Discipline). Moreover the Notice gives no proof that it issued from a legitimately constituted Synod of the HCC-WR. The nature of the document concerned demonstrates that it is the product of a minority of former Synod members. Such action is contrary to the Constitutional Canons of the HCC-WR (especially Canon Title I:8) setting aside the requirements and practice of the Ecumenical Councils By this action the authors of this Notice have themselves confirmed their departure from the communion of the HCC-WR by creating a novel jurisdiction of their own. The signatories of this Notice, Bishops Hamlett, Appleton, and Santiago are therefore, from the Fourth of April 2005, no longer recognised as members of this Church.

1b.
It was determined that the remaining members of the original and legitimately constituted Synod - Bishops Cruz-Blanco, Wright, and Banzana - constitute the continuing and legitimate Synod of the HCC-WR. (The action of Bishop Rajah Row in reversing his original judgement against the actions of Bishop Hamlett was made under duress.)

2.
It was determined by the Synod that Bishop Wright, the acting Bishop Ordinary of the Diocese of Europe, is the recognised Bishop Ordinary of that Diocese.

3.
The Synod elected Bishop Wright as the Bishop Metropolitan of the HCC-WR in accordance with Canon Title I.10.

4/5.
The Synod considered the proposed amendments to the Constitutional Canons and Canonical Regulations of the HCC-WR and agreed upon the changes as set out in the record attached to these minutes. (For this see text of Constitutional Canons printed above)

6.
The synod approved the Principles of Doctrine and those of Morality set out in the Affirmation of St Louis as being sufficient formulae leading to recognition and full communion with other Churches holding the same principles of Doctrine and Morality.

7.
Special consideration was given to relationships with the Holy Catholic Church (Anglican Rite). It was agreed that the conditions set out in Minute 6 above applied in this case and that a state of sacramental recognition exists between the HCC(AR) and the HCC-WR. This decision is made unilaterally from the side of the HCC-WR.
8.
Consideration was given to the form that the Liturgical Calendar should take. No agreement was reached because of the detailed work involved, but it was noted that the Local Canons of the Diocese of the Caribbean and New Granada provide a valuable model in principle.

9.
The further request made by Bishop Cruz-Blanco that the Very Rev’d.. Fr. John Jairo Garcia Salazar, Chancellor of the Diocese, and The Rev’d .Fr. Jose of the Divine Providence, Abbot of the Monastery of Gethsemane, should be elected as Assistant Bishops in the Diocese of the Caribbean and New Granada was considered at an extension meeting on Friday 1st July. After interviews and discussion, the two candidates were duly elected and the Metropolitan gave his consent forthwith.

10.
This concluded the business of the Synod.





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