The Most Reverend Andre' J.W. Queen, STD, DD, SCR Dean - International College of Bishops The Catholic Apostolic National Church Revised February AD 2010 Page 2 of 81 Code of Canon Law Preamble: Recitations. 8 a. Candidacy for Ordination. 8 B. The Board of Examining Chaplains. F. Of Transitional Deacons. G. Of Presbyters or Priests.
The Most Reverend Andre' J.W. Queen, STD, DD, SCR Dean - International College of Bishops The Catholic Apostolic National Church Revised February AD 2010 Page 2 of 81 Code of Canon Law Preamble: Recitations. 8 a. Candidacy for Ordination. 8 B. The Board of Examining Chaplains. F. Of Transitional Deacons. G. Of Presbyters or Priests.
The Most Reverend Andre' J.W. Queen, STD, DD, SCR Dean - International College of Bishops The Catholic Apostolic National Church Revised February AD 2010 Page 2 of 81 Code of Canon Law Preamble: Recitations. 8 a. Candidacy for Ordination. 8 B. The Board of Examining Chaplains. F. Of Transitional Deacons. G. Of Presbyters or Priests.
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I do hereby attest that this is a true copy of the Code of Canon Law, Constitution, Statement of Faith and Standard Parish By-Laws template of the Catholic Apostolic National Church Promulgated in Consistory, and ratified by the Patriarch as of February 5, 2010.
________________________________________________ The Most Reverend Andre J.W. Queen, STD, DD, SCR Dean International College of Bishops
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CODE OF CANON LAW Preamble: Recitations ............................................................................................. 6 Section I: The Ministry ........................................................................................... 8 A. Candidacy for Ordination ........................................................................... 8 B. The Board of Examining Chaplains ...........................................................11 C. Standing Committee on the Ministry .........................................................12 D. Of Ordinations in General ..........................................................................13 E. Of Permanent Deacons ...............................................................................14 F. Of Transitional Deacons .............................................................................14 G. Of Presbyters or Priests ..............................................................................15 H. Of Bishops ..................................................................................................16 I. Of Clerical Misconduct ...............................................................................17 J. Special Case for Bishop ..............................................................................20 K. Of Lay Ministers ........................................................................................20 L. Certain Special Lay Ministries ...................................................................21 M. Of Religious...............................................................................................22 N. Incardination or Reception of Clergy from another Tradition/Denomination. ..................................................................................23 Section II: Governance .........................................................................................24 A. Organizational Structure ............................................................................24 B. Of Dioceses ................................................................................................25 C. Of Parishes .................................................................................................27 D. Of Mission Parishes ...................................................................................30 Section III: Administration of the Sacraments. .................................................32 A. Baptism ......................................................................................................32 B. Holy Eucharist ............................................................................................32 C. Confirmation ..............................................................................................34 D. Penance ......................................................................................................34 E. Holy Matrimony .........................................................................................35 F. Holy Orders .................................................................................................38 The Catholic Apostolic National Church Revised February AD 2010 Page 4 of 81
G. Holy Unction ..............................................................................................39 H. Of Other Para-Sacramental Services ........................................................40 Section IV: Worship..............................................................................................40 A. Of Translations of the Bible .......................................................................40 B. Of Missals ...................................................................................................41 C. Of the Due Celebration of Sundays ...........................................................41 D. Of Music .....................................................................................................41 E. Of the Consecration of Churches ...............................................................41 Section V: Of Business Methods in Church Affairs ..........................................42 A. Fiscal Year .................................................................................................42 B. Financial Reporting ....................................................................................42 Section VI: Dissolution of the Church ................................................................43 Section VII: Amendment of Canons ...................................................................43 Section VIII: Severability .....................................................................................44 Section IX: Declaration of Intent ........................................................................44 Section X: Acknowledgement. .............................................................................44 CONSTITUTION...................................................................................................46 Article I - Of the Governance of this Church. .................................................47 Article II - Of Bishops .....................................................................................49 Article III - Of New Dioceses ..........................................................................50 Article IV - Of the Naming of Dioceses .........................................................51 Article V - Of Missionary Bishops ..................................................................51 Article VI .........................................................................................................51 Article VII - Of Ministers ................................................................................52 Article VIII - Of Ecclesiastical Courts ............................................................53 Article IX - Of Worship & Liturgy ..................................................................53 Article X - Holy Scriptures ..............................................................................54 Article XI - Of Communion With Other Churches .........................................55 Article XI - Our Statement of Faith .................................................................56 Article XII - Of Amendments To This Constitution .......................................59 The Catholic Apostolic National Church Revised February AD 2010 Page 5 of 81
STATEMENT OF FAITH ....................................................................................61 EXAMPLE BYLAWS ...........................................................................................65 Article I - Offices .............................................................................................65 Article II - Nonprofit Purposes ........................................................................66 Article III - Directors .......................................................................................67 Article IV - Officers .........................................................................................71 Article V - Committees ....................................................................................74 Article VI - Execution of Instruments, Deposits and Funds ............................75 Article VII - Corporate Records, Reports and Seal .........................................76 Article VIII- IRC 501(c)(3) Tax Exemption Provisions..................................79 Article IX - Amendment of Bylaws .................................................................80 Article X - Construction and Terms ................................................................80 Adoption of Bylaws .........................................................................................81
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The Code of Canon Law Of the Catholic Apostolic National Church
Declaration of the College of Bishops:
In the Name of the Father, and of the Son, and of the Holy Spirit. Amen
We, the Patriarch and the College of Bishops of the Catholic Apostolic National Church, do hereby pass unanimously these revised Canons on this fifth day of February, in the Year of Our Lord, 2010. To this we set our hands and seals.
Preamble: Recitations
1. This Church is directed by the Holy Spirit to the greater glory of God the Father through the Lord Jesus Christ.
2. The Name of this Church Organization shall be: The Catholic Apostolic National Church.
3. We are organized as a 501 c (3) not-for-profit organization.
4. The jurisdiction of this Church shall be called the Patriarchate of North America. (Repealed 5/2009)
5. The Patriarchate of North America shall include the political boundaries of the United States of America, Canada, and any Mission territories thereof. (Repealed 5/2009)
6. These Canons apply to the Patriarchate of North America. (Repealed 5/2009)
7. This Church is and is intended to be a hierarchical church structure.
8. This Church is and is intended to be a religious organization under the Establishment Clause of the 1 st Amendment of the United States Constitution.
9. All clergy serving in this Church are, and are intended to be, under promises or vows of obedience to their superiors.
10. All clergy serving in this Church shall, before being permitted to serve, sign a Statement of Faith, teaching, preaching or living in contravention to which may result in immediate dismissal from clergy status. The Catholic Apostolic National Church Revised February AD 2010 Page 7 of 81
11. The structure of this Church is not intended to permit the laity or any clergy other than Bishops to make moral, canonical, or theological decisions affecting the whole of the Church.
12. All Canons delineated herein are for the purpose of glorifying God.
13. This Church is a member of the One, Holy, Catholic and Apostolic Church created by Jesus Christ and delivered to his Apostles. Nothing in these Canons shall be construed as changing or modifying in any way the Doctrine and Teaching of the Catholic Church.
14. Notwithstanding any other statement in these Canons, no person, regardless of position in the Church shall have the power to:
a) Change the form, matter, ministers or intention of a Sacrament. b) Change the ancient statements of Faith, other than, as the language spoken of the people changes in meaning, to make changes which keep best the ancient meaning and intention of the Creeds and other ancient statements of faith. c) Add de fide requirements to the Faith, as stated in the Statements of Faith. d) Subtract de fide requirements from the Faith as stated in the Statements of the Faith. e) Change the form of government of the Church.
15. The words Church and Catholic Apostolic National Church, or any reasonable abbreviation thereof (CANC), shall be used interchangeably in this document.
16. The words; Patriarch, Patriarch of the Catholic Apostolic National Church, and his successors, a Corporation Sole, shall be used interchangeably in this document, and be interpreted to be referring to the same singular office and individual.
17. The word Ordinary refers to the chief bishop of a Diocese.
18. The words Parish, parish, Congregation and congregation shall be used interchangeably in this document, unless another meaning is clearly designated.
19. The words See and Diocese shall be used interchangeably in this document.
20. As used herein the word Minister, unless clearly designated as a Lay Minister, shall refer to the Sacred Orders of Bishops, Presbyters and Deacons exclusively.
21. In referring to any Canon herein, there shall be quoted Section, Letter, Number &c. until the Canon is identified without the possibility of error.
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Section I: The Ministry
A. Candidacy for Ordination I. General Canons
1. Those wishing to be admitted to candidacy for the Ministry must be male, at least nineteen (19) years of age, have been validly baptized in a Christian communion, Chrismated Confirmed of good moral character, able to demonstrate an appropriate depth of learning consistent with ministry to which he is called, celibate, abstinent if single, faithful if married, and able to demonstrate appropriate devotion to the Lord Jesus and His One, Holy, Catholic and Apostolic Church. (Amended 5/2009)
2. Candidates shall have been baptized as a Christian with water in the Name of the Father and of the Son and of the Holy Spirit, and have been confirmed by a bishop of a recognized Catholic Communion not less than two (2) years prior to application for candidacy. De fide
3. Candidates must show mental stability either through psychological examination or obvious stability and accomplishments in life. If there is any doubt regarding the mental stability of any Candidate he shall, at his own expense, submit to a thorough psychological evaluation by an individual licensed or registered to do psychological testing and evaluation within his or her legal psychological jurisdiction. Any Psychometrist selected must be approved by the Ordinary of the Diocese or an adviser to the Ordinary who is familiar with psychological credentials.
4. No individual who is currently abusing substances, or has abused substances in the last three (3) years may be admitted to Candidacy until he has completed a substance abuse treatment program and has been substance-free for three (3) years. Substance abuse shall mean any usage of illegal drugs whatsoever, or the excessive use of prescription or over-the-counter drugs in a way not prescribed by the prospective candidates physician or the excessive use of alcohol. It shall also include excessive gambling, sexual addiction, or any other addictive behaviors which have interfered with life, family or work.
5. Unless there is a good and sufficient pastoral reason, no individual shall be ordained until he has been a candidate for a minimum of eighteen (18) months, regardless of previous education.
a) A Pastoral reason shall include:
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i) The candidates current operation as a pastor or minister of the Gospel in a mission or other denomination where the current cure of the Pastor is joining the Catholic Apostolic National Church. ii) The need for missionary priests in a location where there are no or an insufficient number of priests. iii) The need for a priest to serve a disadvantaged population and the inability to obtain an already ordained priest to serve. iv) Imminent death of an individual who is currently a candidate for the ministry. v) Terminal disease on the part of a candidate which makes it unlikely the he would complete the eighteen (18) month candidacy period.
6. Candidates shall attend an approved theological seminary or complete a prescribed course of reading for orders, culminating, in either case, in comprehensive examinations as noted below.
7. All Candidates shall make a written report to the Ordinary four (4) times a year, within one week of: The First Sunday of Advent, The First Sunday after Easter, The First Sunday in July, and the First Sunday of October. This report shall include:
a) The Candidates progress in studies. b) The Candidates progress with the Rule of Life. c) Frequency of attendance at Mass and saying of the Sacred Offices. d) The state of the Candidates health. e) The state of the Candidates family. f) The state of the Candidates employment.
8. Failure to make such reports may result in the Candidate being stricken from the list of Candidates for the Ministry.
II. Steps to Ordination
1. Any man wishing to be ordained to the Sacred Ministry must first contact the priest of his parish, or, if no priest is available, the Ordinary of the Diocese in which he resides.
2. The priest of the parish must write a recommendation to the Ordinary of the Diocese, who shall examine the man for fitness for ministry.
3. If the Ordinary of the Diocese determines that the man is fit for ministry, he shall admit him to Candidacy for the Diaconate.
4. Each Candidate must be educated appropriately and demonstrate proficiency on comprehensive examinations to the Board of Examining Chaplains.
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5. Each Candidate must be approved of by the Standing Committee on the Ministry as to fitness and appropriateness for ministry.
6. Each Candidate must show forth in his life appropriate moral and ethical behavior as suits a member of the Sacred Ministry.
7. A prospective Candidate shall be disqualified if:
a) He has a felony conviction. i) Such disqualification may be dispensed by agreement of the Candidates Ordinary and the Standing Committee that the Candidate has reformed his life to such a degree that he will be an effective witness to the Gospel of Jesus Christ. b) He is engaging in sexual relations with a person other than his lawful spouse. c) He is homosexual. d) He is divorced and remarried or intends to remarry. i) Such disqualification may be dispensed by the Ordinary of the Candidates Diocese if the Ordinary determines that previous marriages were or were likely invalid due to various impediments. ii) If nullity of previous marriages is determined by the Ordinary of the Candidates Diocese, the Ordinary will issue a Decree of Nullity for each previous marriage so annulled. iii) In no case shall a Decree of Nullity be issued for more than two (2) previous marriages. iv) The Ordinary in these cases shall thoroughly examine both Candidate and his wife to assure that they understand the concept of Christian Marriage, the Sacramental Nature of Marriage, and the indissolubility of Christian Marriage. e) His lifestyle or secular profession are such that possible scandal would result from ordaining him. f) He has abandoned his financial and moral obligations to any children of previous marriages. g) He has been convicted of sexual abuse of children or any other sexual perversion. i) This disqualification does not admit of exception.
8. Each Candidate for Ordination shall be required to sign and swear adherence to the Statement of Faith.
9. Each Candidate for Ordination shall be required to sign a waiver indemnifying and releasing the Church from all liability in employment, examination, training, and all other issues whatsoever. The Candidate shall agree that, as a condition of candidacy, he waives all rights to any legal action whatsoever, agreeing to pursue any grievances exclusively within the governance of the Church.
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10. Each Candidate for Ordination shall, prior to being examined, make submission and swear/promise obedience to a Bishop of this Church in good standing.
11. No Candidate shall be permitted to proceed with examination unless he is under the authority of a Bishop, or, if the see of his Bishop is vacant, under the temporary and sponsorship of the Patriarch with a vow/promise to swear obedience to the Bishop of his see within five (5) days of such see being filled.
B. The Board of Examining Chaplains 1. The College of Bishops shall appoint a Board of Examining Chaplains which shall examine all persons wishing to apply for ordination to the diaconate, presbyterate or episcopate.
2. The Board of Examining Chaplains shall consist of at least two (2) presbyters who shall come from different Dioceses.
3. All persons wishing ordination shall be examined on, and must demonstrate proficiency in the following subjects:
a) Holy Scripture, including the Old Testament and the New Testament. b) Dogmatic Theology. c) Pastoral Theology. d) Church History. f) Homiletics. g) Liturgics. h) Parish Administration. i) Christian Education.
4. Demonstrated proficiency through a Seminary Education will not relieve the candidate of the necessity for demonstrating proficiency through these comprehensive exams.
5. The Board of Examining Chaplains shall return exams to candidates with an indication of passage or failure. If the candidate fails in the examination, he shall be advised as to the reasons for failure and given ninety (90) days from the date returned exam is postmarked to re-take the exam.
6. All exams shall be open book examinations.
7. If a candidate does not pass the examination by the third sitting, he shall be stricken from the list of candidates for the ministry, and may not be re-admitted for two (2) years. Re-admission shall require evidence of remedial education to remedy the candidates educational deficiencies.
8. No Bishop shall, under any circumstances, except as noted below, ordain an individual who is not endorsed by the Board of Examining Chaplains. The Catholic Apostolic National Church Revised February AD 2010 Page 12 of 81
9. Except that any candidate may petition the College of Bishops to override the recommendation of the Board of Examining Chaplains.
10. An override by the College of Bishops shall require the following:
a) Majority agreement that the case of the candidate denied admission to ordination be reviewed. b) Appointment of a committee of three (3) learned persons, one of whom shall be a Bishop who is not the candidates Ordinary, to review the examinations. c) Majority agreement by the appointed committee that the candidates examinations are satisfactory and that the candidate shall proceed to ordination. d) The Candidates Ordinary may then pass the candidate on to the Standing Committee on the Ministry for evaluation of the candidates character and fitness for the ministry.
C. Standing Committee on the Ministry 1. The College of Bishops shall appoint a Standing Committee on the Ministry, which shall consist of at least the following: One (1) Bishop, two (2) Priests from different Dioceses, and not sharing a Diocese with the appointed Bishop, and two (2) learned lay- people, from different Dioceses, and not sharing a Diocese with the appointed Bishop, nor a parish with the appointed priests.
2. Other priests may be appointed to the Standing Committee on the Ministry, but not more than one (1) Bishop and two (2) lay people shall be appointed.
3. The Standing Committee on the Ministry shall meet in person or by tele-conference on a quarterly basis to review all applications for ordination to the diaconate, the presbyterate, or the episcopate.
4. The Standing Committee shall examine the Candidate regarding his theological orthodoxy, mode and manner of living, mental stability, financial stability, and devotion to the Lord and the Church, and general fitness for ministry.
5. The Standing Committee may use:
a) Personal examination. b) Letters of Reference c) Psychological Examinations. d) Credit Reports. e) Priestly Recommendation. f) Personal knowledge of Candidate. g) Interviews with family, friends and others. h) Any other legal and ethical method of examination.
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6. The Standing Committee shall issue a recommendation within thirty (30) days of the quarterly meeting of the Standing Committee to the Ordinary of the Diocese regarding the fitness of the man for the Sacred Ministry of the Church.
7. The Ordinary of any Diocese may request that the Standing Committee meet in extraordinary session to consider any candidate for good and sufficient reason.
8. The Ordinary of the Diocese may choose to act upon the recommendation of the Standing Committee, but is not required to do so, although the recommendations should be ignored only for serious reasons and after serious consideration.
9. If the Ordinary does not accept the recommendation of the Standing Committee, he shall issue a written report to the College of Bishops within thirty (30) days of ordaining or refusing to ordain a Candidate describing the reasons why the Committees recommendation was not followed, preferably with supporting documentation for his decision.
D. Of Ordinations in General 1. The following shall apply to all ordained offices, notwithstanding any other canon specific to the office.
2. Ordinations shall be performed only by a validly consecrated Bishop of the Church, in person, after serious examination of the Candidates learning, past and devotion.
3. All Ordinations shall be performed using the Ordinal of the Old Catholic Missal & Ritual (OCMR), the Tridentine Rite, the Knott Missal, or the current Roman Rite. No other Rites shall be used.
4. Ordinations must be performed through a physical laying on of hands and an invocation to the Holy Spirit.
5. Only males may be ordained to any of the three offices of the Sacred Ministry.
6. All ordained orders must sign the Statement of Faith, and swear to uphold the doctrine and traditions of the One, Holy, Catholic and Apostolic Church. Any ordained person teaching doctrine which is contrary to the Statement of Faith, Scripture, or the Traditions of the Catholic Church shall be automatically inhibited.
7. Any man ordained must swear obedience to the Faith, the Bishop of his See and to the Patriarch.
8. Any ordination which departs from these canons is questionable, and the man must be ordained sub conditione under these canons.
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9. If it is discovered that the Candidate misrepresented himself in any way, the ordination remains valid, but the individuals ministry will be inhibited until a full investigation of the facts may be made by the Ordinary or an individual appointed by him. If the material misrepresentation is severe enough to interfere with the conduct of ministry, the deacon, priest or bishop making the misrepresentation shall be laicized and prohibited from practicing his ministry with the Catholic Apostolic National Church.
10. A deacon, priest or bishop inhibited in one diocese may not practice in another diocese in the Catholic Apostolic National Church, without a two-thirds (2/3rds) vote of the College of Bishops. (See inhibition below.)
E. Of Permanent Deacons 1. Permanent Deacons shall be men who wish to be of service to Christs Church.
2. They shall be at least twenty-one (21) years of age, of good reputation, and members of the Church for a minimum of one (1) year.
3. They shall perform all normal and customary tasks of Deacons, including distribution of goods to the poor, visitation of the sick, housing the homeless, comforting the imprisoned and infirm, preaching the Gospel, baptizing, witnessing marriages, performing the rite of Christian Burial in the absence of a priest, proclaiming the Gospel at Mass, preparing the Altar and Sacred Vessels for Mass and distributing the Eucharist from the Reserved Eucharist.
4. Those who wish to be Permanent Deacons shall receive an examination, which is lesser in scope and difficulty than that for those transitioning to the Sacred Priesthood, but in the same areas as the examination for Candidates to the Sacred Priesthood.
5. If Permanent Deacons wish to transition to the Sacred Priesthood, they shall re-appear before the Board of Examining Chaplains after sitting for the examinations to the Priesthood, and shall re-appear before the Standing Committee.
6. In no case shall any man transition to the Sacred Priesthood from the Permanent Diaconate without passing all exams ordinarily required of those transitioning to the Sacred Priesthood.
F. Of Transitional Deacons 1. Transitional Deacons shall be men who wish to be of service to Christs Church, and are intending to be ordained as Priests.
2. They shall be at least twenty-one (21) years of age, of good reputation, and members of the Church for a minimum of one (1) year.
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3. They shall perform all normal and customary tasks of Deacons, including distribution of goods to the poor, visitation of the sick, housing the homeless, comforting the imprisoned and infirmed, preaching the Gospel, baptizing, witnessing marriages, performing the rite of Christian Burial in the absence of a priest, proclaiming the Gospel at Mass, preparing the Altar and Sacred Vessels for Mass, and distributing the Eucharist from the Reserved Eucharist.
4. Those who wish to be Transitional Deacons shall first pass all of the comprehensive examinations as noted below.
a) Except that the Ordinary may, at his discretion, dispense the Candidate from up to three (3) of the examinations, provided that no man shall be ordained Deacon without passing:
b) Any Deacon so ordained shall not be permitted to be ordained to the Sacred Priesthood until all examinations are completed.
5. Except for extreme pastoral need, as determined by the Ordinary, no man shall be ordained a Priest until he has been a Deacon for one (1) calendar year, during which time his dedication to the ministry, his mode and manner of living, the state of his family, and his fitness for ministry shall be examined.
6. A Deacon may only function in obedience to and in unity with a Bishop of Christs One, Holy, Catholic and Apostolic Church, whether the Deacon is Permanent or Transitory, and usually functions under the direction and supervision of a Presbyter.
G. Of Presbyters or Priests 1. Presbyters shall be men who wish to be of Service to Christs Church, and have exceptional devotion and dedication of life.
2. They shall be at least twenty-four (24) years of age, of good reputation, and members of the Church for a minimum of two (2) years, one of which may be the diaconate year.
3. They shall show satisfactory learning, as determined by the comprehensive examinations, and holiness of life.
4. They shall perform all normal and customary duties of a Presbyter, including preaching the Gospel, preaching homilies, performing the Holy Sacrifice of the Mass, anointing the sick, absolving the penitent, witnessing marriages, performing baptisms, and all other services of the Church not reserved to a Bishop. The Catholic Apostolic National Church Revised February AD 2010 Page 16 of 81
5. A presbyter may only function in obedience to, and united with, a Bishop of Christs One, Holy and Apostolic Church. De fide
6. Should a Diocese be left vacant through death, disability, resignation or removal of the Bishop, the Presbyter and other orders shall be deemed to be operating under the authority of the College of Bishops.
H. Of Bishops 1. A Bishop shall be a male, aged at least thirty (30) years of age, either married or celibate.
2. He shall have been in the order of presbyters in good standing for at least one (1) year prior to election, except that this requirement may be waived with the agreement of at least three (3) bishops in good standing in the Catholic Apostolic National Church.
3. He shall have been in obedience to a Bishop of this Church for at least one (1) year prior to election, except that this requirement is waived with the agreement of at least three (3) bishops in good standing in the Catholic Apostolic National Church.
4. Bishops shall be elected by a 2/3rds majority of the College of Bishops and appointed to serve an existing diocese or a newly create diocese.
5. Assistant Diocesan Bishops (Auxiliary, Suffragan or Coadjutor) shall be appointed by the Principal Bishop in each Diocese, and confirmed by a 2/3rds vote of the College of Bishops.
6. The College of Bishops may consult the clergy of an existing diocese for advice on potential candidates for election, but the clergy shall serve in an advisory capacity only.
7. The recommendation of a Bishop retiring in good standing regarding his successor should be given the highest consideration.
8. He shall satisfy the Standing Committee on the Ministry as to his learning and administrative skills through a written examination to be followed by an oral examination on the same topics.
9. Prior to consecration, the Bishop-elect must sign the Statement of Faith wherein he states his belief in the orthodox faith, swears to uphold it, swears to teach only the orthodox faith, and agrees to immediate removal if he does not do so, as determined by 2/3rds vote of the College of Bishops.
10. He shall be of the highest personal and professional reputation, as attested by letters of reference from at least two (2) presbyters, his bishop, his parish council (or The Catholic Apostolic National Church Revised February AD 2010 Page 17 of 81
equivalent), and at least three (3) business or professional associates, or others to whom the candidate is well known.
11. Prior to consecration, a full report of the Bishop-elects criminal record shall be obtained, and in no case shall a bishop convicted of a felony, embezzlement, child abuse, or spouse abuse be consecrated.
12. If the Bishop-elect is married, his wife shall give, in writing, her assent to his consecration.
13. Where possible, each Bishop shall be consecrated by a chief consecrator and at least two (2) other assisting Bishops. In cases where this is not possible, a single consecrator will serve.
14. Suffragan Bishops shall not issue any statements, nor perform any Episcopal sacrament, except by the specific permission of the Diocesan or Patriarch.
15. The Patriarch may appoint a co-adjudicating bishop to his office. To this end, the Patriarch may, upon full approval and consent of the College of Bishops, appoint an Archbishop Coadjutor, who shall have the right of succession to the Archiepiscopal office, when vacated by the sitting Patriarch, without further process of Canon Law. (Amended 5/2009)
I. Of Clerical Misconduct 1. In the event where a minister is accused of:
a) Teaching Heresy b) Sexual Misconduct. c) Embezzlement. d) Cohabiting or having sexual intercourse with an individual who is not his legal spouse. e) Adultery. f) Child Abuse. g) Spousal Abuse. h) Substance Abuse. i) Any act which is generally considered a public scandal which is clearly prohibited by the Laws of God. j) Felony or serious misdemeanor, not including traffic or municipal crimes which do not generally affect the ability of the man to exercise the ministry. k) Habitual neglect of the Services of the Church. l) Any action which repudiates his ordination vows. m) Violation of the Canons of the Church. n) Joining of another communion or holding dual ordinations or dual cures without the express permission of his Ordinary and the Patriarch.
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He shall be inhibited from the exercise of his ministry. During this time, he may not celebrate the Eucharist in public settings (though he may say Mass for himself and immediate family), preach in public settings, conduct public settings of any kind, or speak for the Catholic Apostolic National Church in any manner whatsoever. The accusations shall be investigated and the minister tried as soon as possible, but, in no event, later than sixty (60) days from the time when the allegations first came forth.
2. The proper body to try each order shall be as follows:
a) Bishops: The full College of Bishops b) Presbyters and Deacons: A tribunal made up of at least two (2) Bishops, one of which may, at the accused election, be his Ordinary, and two (2) presbyters in good standing.
3. Normal rules of evidence apply, as in a criminal trial. The accused shall have the right to legal representation, to call witnesses on his own behalf, and to compel testimony from any other minister of the Church. The prevailing rule of law shall be the Canon Law of this Church.
4. The burden of proof shall be on the accuser.
5. No minister shall be punished on the word of one witness alone, regardless of the charge. A minimum of two (2) credible witnesses in agreement shall be necessary for the tribunal to proceed with punishment. (1Timothy 5:19).
6. If after a full and fair investigation there is reason to believe beyond a reasonable doubt that the minister did, in fact, perform the illegal or immoral act of which he is being accused, his ministry may be permanently inhibited (laicization). If a minister is laicized he shall not:
a) Preach. b) Celebrate Eucharist either publicly or privately. c) Teach in public as a minister of the Church. d) Hold any position as Pastor or any paid position or any volunteer position in the Church whatsoever. e) Baptize, except in an emergency (where any Christian may legitimately baptize). f) Witness marriages (except in cases where witnessing marriages is part of a secular office, such as a Judge or Captain of a ship underway.) g) Hear Confession. h) Anoint the sick. i) Ordain others. j) Confirm others. k) Counsel others as a pastoral counselor under the Catholic Apostolic National Church. l) Advise any Bishop, Presbyter or Deacon. The Catholic Apostolic National Church Revised February AD 2010 Page 19 of 81
m) Put himself out in any way as holding ministry in the Catholic Apostolic National Church.
7. No minister in good standing in the Catholic Apostolic National Church shall recognize the sacerdotal office of anyone laicized.
8. No minister in good standing in the Catholic Apostolic National Church shall give letters of reference, email references, or verbal references regarding the laicized man to any other Bishop or ecclesiastical body.
9. The penalty of contravening these prohibitions may be laicization and/or excommunication.
10. Other punishments/remedies may include:
a) Suspension from the ministry for up to ten (10) years (at which point the restrictions placed on laicized ministers and other ministers in the Catholic Apostolic National Church would apply until the end of the suspension period.) b) Remedial education. c) Community Service. d) Restitution to victims e) Order to undergo psychological counseling with a counselor approved by the Church and with regular reports to the Tribunal. f) A period of intense supervision by another minister or the Bishop. g) Order to attend a drug or alcohol treatment program. h) A letter of admonition. i) Verbal reprimand, noted in file. j) Verbal reprimand, not noted in file.
11. The Ordinary of the minister may, at any time during this process, remove the minister from the parish, staff position, or community he is serving on a temporary basis if the Ordinary has good and sufficient reason to believe that the ministers continued ministry is endangering the community in any way whatsoever.
a) No person so suspended may serve the Church in any other capacity without the express permission in writing, of the ministers Ordinary, or if the minister be a Bishop, without the express permission in writing, or 2/3rds of the College of Bishops.
12. All proceedings must be concluded within one-hundred-twenty (120) days from the time the accusation is first brought, unless the Tribunal must wait longer to receive the results of a criminal trial or psychological evaluations.
13. No minister may be tried on charges of dual relationships, where sexual impropriety is not involved. Merely having business, professional, or friendship relations with parishioners is not an offense in this communion. The Catholic Apostolic National Church Revised February AD 2010 Page 20 of 81
14. A charge of heresy shall be substantiated by a sound recording of the minister teaching heresy, or an example of writing from the minister which is heretical, or a minimum of five (5) witnesses who attest to the teaching of heresy. Heresy consists of teaching that which is directly opposed to the Creeds or the Statement of Faith in a public setting and shall not be considered if the minister was merely speculating in a hypothetical way or speaking in a normally private setting.
a) Any accusation of heresy must be accompanied by a clear statement from the accuser(s) stating which statement of the Faith the accused is violating. b) Heresy charges should be taken seriously, but with a great deal of caution. c) The normal remedy for heresy is a letter from the Ordinary of the Diocese or, if the accused be a Bishop, from the Patriarch, demanding an immediate recantation. d) If the accused will not recant his heretical position, trial shall proceed as above.
J. Special Case for Bishop 1. If any Bishop of the Church attempts to ordain a woman, or ordains an individual who is clearly unfit through his lifestyle (see prohibitions above) that Bishop shall be automatically inhibited (excommunicated). No woman who has subjected herself to this simulation of orders shall be considered to be a valid minister in the Church. De fide (Amended 5/2009)
2. Any woman who is a member of the CANC or any member parishes thereof, who accepts attempted ordination by a Bishop of this Church, or any other Church or religious organization, shall be automatically excommunicated until she seeks the Sacrament of Penance for attempting to pervert the nature of a Sacrament.
3. Trial of the Patriarch shall require 9/10ths majority of the College of Bishops, exclusive of the Patriarch, for an adverse finding to be issued.
K. Of Lay Ministers 1. Rejoicing in the priesthood of all believers, we recognize many lay ministries within the Church. All lay ministries shall be open to baptized and confirmed communicants in good standing, who are living a life consistent with Catholic teaching and doctrine.
2. Lay ministry should not be open to those whose ministry might cause a scandal, such as those who are living openly sinful lives, or whose immediate past is such that scandal may come on the Church.
3. Lay ministers shall be licensed by the Ordinary of the Diocese or by the Pastor of the Parish, depending on the nature of the ministry.
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4. Lay ministers shall not in any circumstances, wear garb appropriate to the clergy, such as collars, cassocks (except those in Minor Orders and Altar Servers), habits (unless also vowed Religious), or the like, nor put themselves out as ordained in any way.
5. Lay ministers shall not preach homilies, conduct services of public worship, or have charge over a parish. This shall not apply to seminarians appointed as Parish Administrators.
6. Special exceptions shall be made for mission churches/parishes, where it is appropriate that the laity be given temporary charge during the formation of the parish.
L. Certain Special Lay Ministries 1. Extraordinary Ministers of the Eucharist a) EMEs may assist the priest at Mass in the distribution of the Eucharist, and visit those members of the parish who, for good reason, could not attend the public celebration of Mass. In no case are EMEs to be used in the place of, or substituting for the priests role in communicating the faithful. Only in the extraordinary case where the number of faithful is so great as to create a hardship in ensuring that all have received the Eucharist, are EMEs to be utilized. EMEs are not to be regularly used.
2. Parish Visitors a) Parish Visitors shall have the ministry of visiting members of the parish to listen, pray, and assist with any concerns the parishioners may have. b) Parish Visitors shall bring any serious concerns to the Pastor. c) Unless licensed as an EME, the Parish Visitor may not distribute communion to the parishioners.
3. Lay Readers a) Licensed Lay Readers may conduct the Daily Offices (Matins, Vespers and Compline) (not including the Absolution or Blessing) and the service of Christian Burial (not including Mass, the Absolution or the Blessing) in the absence of an ordained minister. b) Licensed Lay Readers shall be the primary lectors at services of the Church after ordained ministers.
4. Lectors a) Lectors shall be licensed to read the lessons at the services of the Church, and may be appointed to read Psalms, Sequence, and the Prayers of the People.
5. Cantors a) Cantors shall be licensed to lead the people in the musical prayer and praise of God under the direction of the Pastor.
6. Choir Director and Members The Catholic Apostolic National Church Revised February AD 2010 Page 22 of 81
a) Choir Directors shall be licensed to lead hymns and other musical responses to the Eucharist by directing the choir under direction of the Pastor. b) Choir members shall be licensed to sing the praises of God under the direction of the Pastor.
7. Altar Servers a) Altar Servers (Acolytes) shall assist the celebrant in the Eucharist and at other services of the Church, as directed.
8. Parish Council Members a) Each Parish shall have a Parish Council composed of at least three (3) people. The powers and limitations of the Parish Council are stated in the Bylaws of a Parish.
M. Of Religious 1. The Patriarch may permit the formation of Religious Orders and Intentional Communities provided that:
a) All Religious Orders shall designate whether they shall be Intentional Community or an External Order with members throughout the secular community. b) All Religious Orders shall have their Rule approved by the Patriarch whose decision is final and without appeal. c) All Intentional Communities shall consist of either:
i) Men or women with vows of celibacy. ii) Men and women with vows of celibacy, separated in living quarters and labor. 1) The meeting of the male and female sides of the community shall be permitted weekly at Mass, and a single meal in each week. 2) Violation of vows of celibacy shall be cause for immediate dismissal from the community. iii) Single men/single women, without cows of celibacy, but separated as to living quarters from the opposite gender, and with vows o chastity until marriage. 1) Violation of such a vow shall cause the Religious to be immediately separated from the community. iv) Married Couples. 1) Adultery on the part of any person shall cause the Religious to be immediately separated from the community. v) A mixture of the above with clear separations and safe guards to avoid scandal. vi) The development of scandal within any Intentional Community shall be cause for the immediate closing of the community. The Catholic Apostolic National Church Revised February AD 2010 Page 23 of 81
vii) The community shall, monthly, on or about the 15 th day of the month, report to the Patriarch on the state of the community, the progress the community is making, obedience to the Rule of Life, and a complete financial statement. 1) Failure to make such report for two (2) months may result in immediate closure of the community. viii) The Patriarch may, at any time, direct the closure of a community which, in his sole opinion, is not conducive to the life and worship of the Catholic Church.
N. Incardination or Reception of Clergy from another Tradition/Denomination. 1. From time to time clergy from a different tradition or other denomination may request reception/incardination into the CANC.
2. Serving as clergy in another denomination does not automatically grant reception into the clerical state of the Church.
3. The Patriarch, or Bishop of the See where the man requesting admission is located, shall interview the man and determine that he meets all criteria for ordination as stated above.
4. He shall be examined in the same manner as those seeking ordination.
5. He shall sign the Statement of Faith and make a promise/vow of obedience to the Bishop of his See and the Patriarch. He shall subscribe and swear to the Oath of Obedience of this Church.
6. No one holding views incompatible with the Teaching and Doctrine of this Catholic Church shall be admitted to the clerical state of this Church, nor hold any Church Office (amended 5/2009).
7. If the man has been ordained by a valid Bishop of a member of Christs One, Holy, Catholic and Apostolic Church, he shall be received by the Bishop or Patriarch as a Deacon or Presbyter, provided he have right faith and proper theological formation.
a) If he shall be a Bishop, he shall be received as a Bishop, but to serve as a Pastor only without See, unless he be elected to a See. b) He shall not have the right to an immediate seat in the College of Bishops. (Amended 5/2009) c) He shall not perform functions exclusive to a Bishop unless he be elected to a See, or appointed by the College or the Patriarch to a role which is Episcopal in function. Specifically, unless authorized in a special case by the Patriarch, he shall not confirm, ordain, bless the Sacred Chrism, wear a mitre, carry a crozier, or do anything else which is specific to the Order of Bishops.
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8. If the man has been ordained by a Bishop who may have valid orders, he shall be conditionally ordained to assure the continuance of Apostolic Succession. a) All Canons in the above Article, ss7 (a-c) shall apply.
9. A minister of the Gospel who is without Cure shall be ordained as Deacon and follow the normal course for ordination to the Priesthood.
10. A minister of the Gospel who is serving, at the time of incardination, a congregation and that congregation wishes to affiliate with the Church, may be ordained a Deacon and, within 72 hours, be ordained a Presbyter to insure Pastoral continuity.
a) This shall require the permission of the Patriarch.
11. No minister wishing to incardinate into this communion may do so without first having obtained letters dismissorial, excardinating him from his previous communion in good standing. The only exception to this shall be if the minister can prove due diligence in attempting to obtain such documentation of excardination, where the integrity of the minister has been proven through strict scrutiny and background investigation.
12. No minister exhibiting traits that are undesirable within the communion he has excardinated from, may be admitted to the clerical state in this church. A full investigation and inquiry is required, and a full report made to the Ordinary and Patriarch prior to final consideration. Section II: Governance
A. Organizational Structure
1. There shall be formed, under the authority of the Patriarch, geographical dioceses. Each diocese shall consist of several parishes, with a single parish serving as the See of the Diocese. Each diocese shall come under the jurisdiction of an Apostolic Administrator, Vicar-General or Diocesan Bishop. Each and every diocese is an integral part of this church and fully subject to Canon Law herein. In the extraordinary instance in which the church establishes a Mission Diocese in another country, such diocese is called a Province and the Diocesan Bishop is called a Provincial Ordinary and shall have the same authority in Canon Law as a Diocesan Bishop (Diocesan Ordinary) as fully enumerated herein. (Amended 5/2009)
2. Should the Patriarch and the College of Bishops determine at any time that a Diocese is too large to be easily managed, that Diocese will be divided in such a way that each new Diocese has as close to an equal number of the Parishes of the old, larger Diocese as is practicable for ease of administration and simplicity of boundaries. The Ordinary of the old Diocese shall choose which of the new Dioceses shall remain in his See.
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3. The Chief Executive Officer of each Diocese shall be the Bishop (Diocesan Ordinary) thereof. He shall have both temporal and spiritual oversight of the Diocese. Except as delineated herein, the powers of the Diocesan Bishop shall be limited only by the laws of the Catholic Church and the State. The Diocesan Bishop may appoint, with the approval of the Patriarch, a priest as Vicar General of the Diocese, and likewise may request Auxiliary and Suffragan Bishops as Episcopal Assistants. (Amended 5/2009)
4. The Patriarch may appoint an Archdiocesan Board whose sole purpose shall be advisory.
5. The Church as a whole shall be governed by the College of Bishops which shall consist of all Bishops (in good standing) who are serving a See, who are retired, who are serving as Bishops Suffragan, Auxiliary or Coadjutor, who are serving the Patriarch in an administrative capacity, or who have been elected to the College of Bishops by a 2/3rds vote of the College of Bishops in the Patriarchate of North America recognized by this Church. (Amended 5/2009)
6. A Bishop recognized by this Church shall be a Bishop which is recognized by a super- majority vote of the College of Bishops, such super-majority being 2/3rds of all sitting Bishops, whether in attendance at a meeting of the College or not.
7. The Bishops shall elect a Patriarch who shall serve until death, retirement, removal if the College of Bishops deems that he is unfit for further service, and vote unanimously for his removal, or voluntary retirement, whichever comes first. All Bishops shall swear obedience to the Patriarch. The Patriarch shall act in concert with the College of Bishops in all matters of Canons and Laws of the Church. He shall have the power to make all day-to-day decisions in the running of the Church. The Patriarch shall resolve disputes which threaten the orthodoxy and unity of the Church and his decisions, provided they are consistent with the Statement of Faith, shall be final and with no appeal.
8. The Patriarch and the College of Bishops shall have no power to change the Doctrine of the One, Holy, Catholic and Apostolic Church as defined in the Statement of Faith. (Amended 5/2009)
B. Of Dioceses 1. The Diocese shall be governed by a Bishop (Diocesan Ordinary) who may appoint a Diocesan Council whose sole purpose shall be advisory.
2. The Bishop may request that the College of Bishops elect and appoint an Auxiliary/Suffragan Bishop, who shall have no right of succession to the See, or a Bishop Coadjutor, who shall have the right of succession to the See. a) The Ordinary of the Diocese shall submit a list of names to the College of Bishops. Such candidates must meet the Churches relevant standards. (Amended 5/2009) The Catholic Apostolic National Church Revised February AD 2010 Page 26 of 81
i) The College of Bishops shall give first consideration to those men submitted by the Ordinary, in the order of their submission.
3. The Bishop may appoint Theological, Business, Financial and other advisors who shall have only that authority to act under the supervision and direction of the Bishop. Any official act by any such advisor(s) undertaken against the intentions and directions of the Bishop shall be, on its face, null and void. The only exception to this is in the case where a Bishop has been inhibited or otherwise removed from his See, or otherwise denied Episcopal authority, but only by competent ecclesiastical authority of this Church, and then, such advisors must undertake only those actions directed by the Patriarch, or other Bishop so designated and authorized, in writing, by him.
4. The Bishop may appoint a Canon Missioner with the Bishops authority to start Mission Parishes and assist Mission Parishes in achieving full Parish status.
5. The Bishop may appoint a Rector/Dean of his Cathedral who may have full authority as Pastor of the Cathedral Parish under the direction of the Bishop.
6. The Bishop may appoint Rural Deans who shall be Presbyters with the authority assist the Bishop in the visitation and governance of outlying Parishes and Missions. a) Rural Deans shall not, thereby, have any authority to administer any Sacrament except that which is proper to the office of Presbyter. i) Assistance shall be administrative only.
7. If a See becomes vacant, the administration of the Diocese shall devolve on the Patriarch or a Presbyter or a Bishop he appoints as interim Diocesan until a new may be appointed.
8. As soon as practicable, but in not more than ninety (90) days after a See becomes vacant, the College of Bishops shall elect a Presbyter who has been a Presbyter in good standing good standing for at least one (1) year in the CANC as Bishop of the vacant See.
a) except that by unanimous acclaim a man who does not hold holy Orders, or who is a Deacon, or who has not fulfilled the Canonical requirement of being a Presbyter for one (1) year may be elected to a See, in accordance with ancient practice. i) He shall be at least thirty (30) years of age. ii) He shall be a communicant in good standing (see Parish bylaws.) iii) Notwithstanding the above statement, any exclusion for Holy Orders shall disqualify the Candidate on the same terms as any man who stands for Holy Orders. b) He shall be examined as stated above c) The Patriarch shall have the veto power over the appointment of a Bishop to a See. d) A 2/3rds vote on the part of the College is required to elect a Bishop. The Catholic Apostolic National Church Revised February AD 2010 Page 27 of 81
i) A Presbyter may be nominated for and stand for election only twice in any one (1) year period. 1) If a Presbyter fails to be elected to a Diocese on the second vote, his name shall be stricken from the list of candidates to fill the vacant See.
9. No Bishop shall, without the express written authority of the Ordinary of the Diocese or under direction from the Patriarch, perform any Episcopal duties in a See other than his own.
10. Each Diocese shall deliver, on or about the first (1 st ) of the month, ten percent (10%) of the income of the Diocese received in the previous month to the Archdiocese for operation of Archdiocesan functions exclusively. a) These shall include travel by the Patriarch, maintenance of a Cathedral, office space and employees, and any other legitimate expenses.
11. In the formation of a new Diocese or Province the Patriarch shall appoint Bishops to serve Sees. (Amended 5/2009) a) While it is wise for the Bishop of a new Diocese to adhere to the Canons as above, he may, at his sole discretion, appoint whom he will, subject only to the normal exclusions regarding Holy Orders. (Amended 5/2009) i) Except that no time exclusions shall apply. b) Once the initial Bishops of the College have been appointed, the above Canons shall apply.
C. Of Parishes 1. The Parish shall be governed according to the example Bylaws (attached) as adjusted for State Law. Each and every parish, mission, or other religious community, shall be subject to the constitutions, canon and bylaws of this church. A parish is subject completely to the authority of the bishop of that diocese (Ordinary) in the manner specified by Church constitution, canon and bylaws. The local Ordinary is and shall always be a permanent member of the parish board of every parish within his jurisdiction, and shall execute his privileges and rights as such, in person or by proxy.
2. Each Diocese shall be divided into Parishes, which shall be geographical in nature.
3. The geographic boundaries of a Parish shall be determined, from time to time, by the Ordinary of the Diocese. Boundaries notwithstanding, the Bishop (Ordinary) always holds, actually and/or constructively, all property and funds of all parishes in trust for the Church, the Catholic Apostolic National Church, Inc. (National Church body).
4. A Parish boundary may not exceed the boundaries of a Diocese. In the event that a Parish is on the border of a Diocese, the Diocese in which the actual location of the Parish property resides shall determine into which jurisdiction it falls. The Catholic Apostolic National Church Revised February AD 2010 Page 28 of 81
a) In the event that parishioners attending the Parish live outside the Parish boundaries, they shall, for the purposes of governance, be deemed to live within the parish boundaries regardless of their actual physical location.
5. Parish boundaries shall be used for the sole purpose of determining the need for missions and governance and shall not be used to compel parishioners to attend one Parish over another.
6. A Parish shall have full responsibility for its financial obligations and shall, in no instance, obligate the Diocese for any financial responsibility.
7. Subject to the strictures of the Bylaws, each Parish shall manager its property and shall administer its affairs independently, subject to the strictures of the bylaws, consistent with the Pastoral vow of obedience to the Bishop, and within the strictures of Sacred Scripture, the Tradition of the Church, and this document. No parish shall formulate or so amend any Parish Bylaws in such a manner that conflicts with these canons or the Church constitution.
Parish property shall be held, actually and constructively, in trust by the proper Bishop (Ordinary) of the parish and diocese, for the Catholic Apostolic National Church. Parish property and funds are the property of the National Church Body, held in trust by the local Bishop. No excardinating group or community, formerly members of this Church, may assume, take, sell, transfer, deed, quit claim or otherwise dispose of, alienate or otherwise convey any parish property, real or otherwise, or spend or withdraw any parish funds of the parish they are departing from. All such property shall remain in the possession and ownership of the Catholic Apostolic National Church, Inc. (an Illinois Corporation) to be held in trust by the local bishop on behalf of the Church. Excardinating individuals, clergy or laity immediately lose the ability to legally access and control such property or funds. Any affirmative act to contravene this subsection shall be void, and the responsible parties shall be liable to this church for such losses.
8. A Parish shall have a Pastor who shall be at least an ordained Transitory Deacon, expecting ordination to the Sacred Priesthood in not more than twelve (12) months.
9. A Mission shall attain Parish status when it is able to pay at salary equaling at least two point five (2.5) times the prevailing hourly wage per hour for fast food workers in that area (as determined by the Chamber of Commerce, State Labor Board or other independent body), and all applicable payroll taxes, and employee health insurance for the Pastor, with a minimum of twenty (20) hours a week of work, and a reasonable expectation, as confirmed by Parish Financial Statements delivered to the Patriarch of continuing payment of the Pastor for the foreseeable future. This does not bar a mission from being described generically as a parish. a) Alternatively, a Parish may hire a Pastor full-time at a minimum of 2.5 times the prevailing hourly wage as stated above, multiplied by forty (40) hours per week, multiplied by twelve (12), for an annual salary. The Catholic Apostolic National Church Revised February AD 2010 Page 29 of 81
i) It is understood that Pastors so hired may work more or less than forty (40) hours per week. ii) Pastors are, and are intended to be, under IRS Code, exempt employees due to the management nature of their employment. iii) Any Pastor so hired must be a member of this Church.
10. The Parish shall be the employer for purposes of payroll taxes, insurance, and all other withholding.
11. The relationship of Pastor to the Parish and the Diocese is clearly stated in the Parish bylaws, subject completely to these canons and the constitutions of this church body.
12. The financial provisions of this section shall not apply to any existing congregation of another denomination choosing to place themselves under our jurisdiction, until it becomes a full fledged parish, as decided by written agreement with the Patriarch. a) In this event, the terms of reception of the congregation shall be negotiated by the congregation, and the Ordinary, consistent with the hierarchical structure and requirements of obedience of this Church.
13. At the time a Mission becomes a Parish, it shall be chartered such by the Patriarch and the Ordinary of the Diocese.
14. At the time a congregation of another denomination is received into our jurisdiction, it shall be chartered as a Mission Parish of this Church by the Patriarch and the Ordinary of the Diocese. It shall become a full Parish by written agreement with the Archbishop Patriarch, and at that time shall become fully subject to the financial provisions of this section, and shall transfer real property to the proper Ordinary to be held in trust for the Church at large.
15. All Parishes shall deliver, on a monthly basis, on or about the first (1 st ) day of the month, in person, by United States Mail, or by electronic transfer, 1/10 th of the previous months tithe and offering income to the office of the Diocese under whose jurisdiction they operate. a) Failure or refusal to do so, without the express permission of the Diocesan, may result in church disciplinary action against the Pastor of the Parish or suspension and or revocation of their Charter. b) The Parish shall deliver, quarterly, (by the 15 th of: January, April, July and October) to the Diocese, a financial report listing all income for the previous quarter.
16. The Parish shall deliver quarterly (as above) to the Diocese records of all Sunday and Holy Day Services performed, including the number attending and approximate number communicating. The Parish shall also deliver to the Diocese annually on or before January 15 th of each year, a full listing of all Parish Members, their status, and a listing of all auxiliary services (Weddings, Funerals, Baptisms, etc.) performed in the previous year, ending December of the previous year. The Catholic Apostolic National Church Revised February AD 2010 Page 30 of 81
17. Parishes shall also utilize a portion of the offering income to perform works of charity.
18. The Bishop may order an audit of the Parish Books at any time. a) If any Pastor has mishandled funds or appropriated funds for his own use, he may be inhibited immediately by the Bishop, and church disciplinary proceedings may begin. b) Neither the Parish nor the Diocese shall engage civil authorities in the affairs of the Church. c) The Ordinary of the Diocese may, upon counsel with the Vicar-General of the Church, engage civil authorities in the secular affairs of the local Church, as a last resort.
D. Of Mission Parishes 1. A group of Christians who wish to become part of the CANC may do so either by joining an existing Parish, or, if none conveniently exist, may form a Mission Parish.
2. A Mission Parish may also be defined as a congregation which cannot employ a Presbyter or Transitional Deacon for sufficient hours to qualify as a Parish.
3. The group of Christians shall contact the Ordinary of the Diocese and request Mission Status.
4. The Ordinary, if he perceives that the individuals petitioning for Mission Status are of good character, shall send the Canon Missioner, himself, or some other person he appoints to contact the group petitioning.
5. The Ordinary or his representative shall meet with the group in person.
6. If he persists In his belief that the group is of good character and would make a positive addition to the Church, he shall require the signature of every group member on the Statement of Faith, and require that the group form a corporation with Articles of Incorporation and bylaws consistent with the Parish Articles and Bylaws which are required of every Parish, beholden and subject to canons, constitution and bylaws of the Catholic Apostolic National Church, Inc. (National Church body).
7. The group shall choose the name of a Saint or other appropriate name for their Mission Parish.
8. The group shall elect a pro tem Parish Board which shall, under the direction of the Ordinary, administer all functions of the Mission Parish.
9. The group shall elect one of their number of proven piety and reverence, to serve Licensed Lay Reader. The Catholic Apostolic National Church Revised February AD 2010 Page 31 of 81
a) The Licensed Lay Reader shall be empowered to hold non-Eucharistic Prayer Services and read Homilies from the Bishop or from another source appointed by the Bishop. i) The Prayer Services shall conform to Prayer Services authorized by the Church for performance by laity. 1. The Licensed Lay Reader shall not, in any way, represent himself as clergy, give homilies of his own composition, attempt to celebrate the Eucharist, wear clerical garb, or lead anyone to believe in any way that he is a member of the clergy. 2. The Licensed Lay Reader may, after at least two (2) months of licensure, be licensed as an Extraordinary Minister of the Eucharist for the purpose of distributing the pre-sanctified Eucharist to the Mission Congregation. a) Due reverence and preparations for reservation of the Blessed Sacrament shall be confirmed by the Ordinary or his representative prior to the Licensed Lay Reader reserving the Sacrament. b) The Licensed Lay Reader shall be trained and examined by the Ordinary or his representative to assure that he understands the gravity of his responsibility, and the rite which accompanies the administration of the Sacrament by laity. c) This accommodation should be made in serious pastoral need, as when a supply priest of our Church or one in communion with us cannot celebrate the Eucharist on a regular basis for the Mission. d) It must not be made for the mere convenience of the congregation.
10. As often as possible, but at least every six (6) weeks a presbyter of the CANC, or a Presbyter of a Church recognized as being in communion with us shall visit the Mission and celebrate the Holy Eucharist/Mass.
11. Missions shall comply with all Parish reporting regulations as cited in ssII:C:15 & 15.
12. As soon as practicable the Mission shall seek a Pastor.
13. Any Mission Parish which remains a Mission Parish for two (2) or more years past the date of organization shall be dissolved unless arrangements are made with the Ordinary.
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Section III: Administration of the Sacraments.
A. Baptism 1. The normal minister for Holy Baptism is the Deacon or Parish Priest. a) In an emergency, any baptized Christian may validly perform the Sacrament of Baptism.
2. Baptism shall be administered through the pouring, sprinkling or immersion with water, using the following form:
a) I baptize you (thee) in the Name of the Father and of the Son and of the Holy Spirit (Ghost). i) Appropriate adjustments shall be made for that primary language is not English. ii) Baptism which is not performed in the Name of the Father and of the Son and of the Holy Spirit shall not be considered valid in this Church. 1) Example: One shall not baptize in the Name of the Creator, Redeemer and Sanctifier. So-called inclusive language is prohibited. iii) In accordance with the ancient tradition, water shall be poured on the head at the mention of each Person of the Trinity.
3. Infants may be baptized provided that parents and godparents are communicants in good standing in this Church or a Church body with whom we are in inter-communion, and the minister of Baptism is satisfied after inquiry that the sponsors and parents will assure the raising of the child in the Catholic Faith, and the parents have been instructed in their responsibilities to the child and the Church. a) Except in an emergency, no member of this Church shall baptize any infant in contravention of this Canon.
B. Holy Eucharist 1. The only valid ministers of this Sacrament are Bishops and Presbyters in union with a Bishop of this Church.
2. The Holy Eucharist it the principal Service of the Church, and shall be the primary form of Worship of the Church.
3. If a Bishop or Presbyter be available, Mass shall be celebrated at least every Sunday and Holy Day in all Parishes and Missions in this Church.
4. If there are several services on Sunday Morning, all principal services shall be the Eucharist The Catholic Apostolic National Church Revised February AD 2010 Page 33 of 81
a) The Daily Office may be said on Sunday Morning, but shall not be considered by either clergy or laity as a substitute for the Holy Eucharist.
5. The Eucharist shall be celebrated with a valid Order of Service and the Canon of the Mass, as promulgated, from time to time, by the College of Bishops. a) Each Order of Service shall conform to the ancient Order of the Mass in form and intention. b) Only those Orders which are approved by the College of Bishops and the Patriarch may be used.
6. Bread made of wheat and wine which contains alcohol through the fermentation process must be used at all celebrations of the Eucharist. These are the sole acceptable elements. In the case of a priest who is unable, due to health reasons, to drink even a small amount of wine, mustum, that is, grape juice in which the natural fermentation process has been naturally suspended, which is free of any additives or foreign substances, may be used by that priest only. However, consecrated wine must be present for the laity. Mustum may only be used in very extreme circumstances, and only with the approval of the Patriarch.
7. All Masses shall be conducted in attire with vessels prescribed by the Ordinary, the College of Bishops and the Patriarch.
8. All celebrants shall be instructed by the Ordinary of the Diocese, from time to time, in appropriate celebration of the Eucharist. The Liturgical Rites of the Church are the only licit Rites to be used, and may not be modified or changed from the given form and format. The rubrics, prayers, and reading cycles of each rite are to be strictly observed, and are not to be locally revised, nor shall local custom replace ancient liturgical rites.
9. The Sacrament, if reserved, must be reserved in a Tabernacle set aside exclusively for that use, or in a Pyx set aside exclusively for that use.
a) It must be in a place safe from unauthorized access. b) A sign of Presence should be set up, such as an altar lamp, presence candle, or the like. c) All Eucharist which is not reserved, or cannot be reserved (such as leavened bread which would become stale) shall be either: i) Consumed reverently by the Priest and communicants or ii) Dissolved in water which shall be poured into the ground, and the vessel holding the water washed and once again poured into the ground. d) If the Precious Blood spills it shall be blotted with a clean purificator, and the purificator washed as above in water which shall go only into the ground. i) If the Precious Blood spills on carpet, upholstery, or garments which cannot be washed, it shall be considered sufficient to blot up as much as possible with the purificator. We believe that our Lord departs the creature of wine at such moment.
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10. Only those who recognize the Real Presence of Our Lord in the Eucharist, have been validly baptized, and who have:
a) Been confirmed by a valid Bishop of the Catholic Church, or b) Are about to be confirmed by a valid Bishop of the Catholic Church (have taken catechism classes), or c) Have gone through Holy First Communion class, AND d) Are not in a state of mortal sin, may receive the Sacrament.
No one who rejects the Real Presence of Christ in the Eucharist, may receive at the Altar.
C. Confirmation 1. The sole minister of Confirmation is the Bishop.
2. The outward and visible sign of Confirmation is the laying on of hands.
3. The form of Confirmation shall be under the direction of the Patriarch.
4. No one may be confirmed until he or she has reached the age of at least twelve (12) years and is able, under examination from the Bishop, to demonstrate an understanding of:
a) The Eucharist i) The Doctrine of the Real Presence of our Lord in the Blessed Sacrament. ii) The shape of the Liturgy -- what happens when and why. b) The Creeds c) The Lords Prayer d) A general outline of the History of the Catholic Church e) The matter, form, ministers and intention of each of the Seven Sacraments.
5. No one shall be confirmed until after he or she has made First Confession.
D. Penance 1. The sole ministers for the Sacrament of Penance are Priests and Bishops.
2. The outward and visible sign of Penance is Absolution given by the Priest or Bishop with the authority conveyed in Apostolic Succession by our Lord Jesus Christ.
3. General Penance performed as part of community worship is sufficient for the absolution of venial sins.
4. Auricular Confession is required for the Absolution of mortal sin.
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5. All Pastors shall instruct congregations in the necessity of Auricular Confession and shall make themselves available frequently to hear Auricular Confession.
6. Refusal to hear Auricular Confession shall be deemed neglect of sacerdotal duties and may subject the Priest or Bishop to inhibition and laicization. An extremely rare exception shall exist if the penitent shown no sign of repentance or it is clear that the sin shall be sinfully and defiantly repeated.
7. All information given in the Confessional is sacred and must not be revealed for any reason whatsoever, regardless of the consequences to the Confessor. a) This is ancient Catholic Doctrine.
8. Revealing of information obtained in Confession shall subject the Confessor to immediate inhibition and church disciplinary proceedings which may result in laicization.
E. Holy Matrimony 1. The Sacrament of Holy Matrimony is to be performed only between one male and one female, both of whom are free to marry, choose to do so of their own free wills, and free from canonical impediments. (Amended 5/2009)
2. The ministers of the Sacrament of Holy Matrimony are the couple themselves.
3. A Deacon, Priest or Bishop shall witness the joining of the couple in Sacramental Union.
4. It is extremely desirable that the Sacrament of Matrimony be performed with a Nuptial Mass, especially if both parties are Catholic.
5. Ministers of this Church shall exercise due diligence to assure that all is reverent, seemly and in order, including the selection of music, attire for the wedding party, readings, and all other aspects of the wedding service.
a) The Marriage Service shall be chosen form a service authorized by the Patriarch. b) In no event shall a couple write their own service. c) Music must be of a nature which reflects the sacred nature of the event. Generally, music must be Christian, seemly, and in accord with Catholic Doctrine. d) Attire must be dignified. No Costumes, vulgar attire, or extremely revealing attire shall be permitted.
6. Ministers of this Church shall be careful to observe the law of the State governing the civil contract of marriage in the place where the service shall be performed, and they shall conform to the laws of this Church governing the solemnization of Holy Matrimony. The Catholic Apostolic National Church Revised February AD 2010 Page 36 of 81
7. No minister, knowingly after due inquiry, shall solemnize the marriage of any person who has been or is the husband or wife of any other person then living whose marriage been annulled or dissolved in any way by the civil court for any cause arising after marriage; Provided, however, in any case of a person who has been a husband or wife of any other person then living, whose marriage has been first annulled or dissolved by a civil court, followed by ecclesiastical determination of nullity, who shall apply to a Minister of this Church for solemnization of his or her marriage, the Minister shall ascertain all pertinent facts concerning the dissolution, including matters of record, and the actual causes for dissolution, and forward these facts, in writing, to the Ordinary with his recommendations, and letters from both parties indicating their understanding of marriage, and by their agreement to abide by ssIII:E:7:f:I of this Canon, at least thirty (30) days before the proposed date of marriage. In every case, the Minister shall deliver his personal opinion to the Ordinary. Such application shall not be made until a period of not less that one (1) year shall have elapsed since the civil dissolution of the previous marriage. The Ordinary shall consider Godly discipline, justice, Christian mercy and charity, and shall deliver his judgment on the petition within thirty (30) days of receiving the same. Should he not deliver his judgment within the stated time, the proposed shall be considered valid. In every case, the proceedings shall be held confidential.
8. No Minister, knowingly after due inquiry, shall solemnize any marriage unless the following conditions are met:
a) He shall have ascertained the right of the parties to marry not in violation of any of the following impediments:
i) Consanguinity within the degrees generally considered unacceptable by the Church; ii) Mistake as to identity of either party; iii) Mental incompetence of deficiency of either party sufficient to prevent the exercise of intelligent choice; iv) Mental illness or psychological impairment sufficient to prevent the exercise of free choice; v) Impotence, sexual perversion, or the existence of sexually transmitted disease undisclosed to either party; vi) Facts which would make the marriage bigamous; vii) Concurrent contract inconsistent with the covenant of Holy Matrimony according to Holy Scriptures and the Canons of the Church; viii) Fraud, coercion, or duress; or ix) The failure of either or both parties to be baptized;
b) There shall be thirty (30) days notice of intention to marry unless waived for weighty reasons, in which case the Ordinary shall be notified immediately and I writing; c) The Minister shall counsel both parties on the Sacrament of Holy Matrimony with respect to theological and social implications and responsibilities; d) There shall be at least two (2) witnesses present; and The Catholic Apostolic National Church Revised February AD 2010 Page 37 of 81
e) The Minister shall record in the Parish Register the name, age, and residence of each party. Such record shall be signed by the Minister, the married parties, and at least two (2) witnesses. f) The Minister shall require the parties to sign the following declaration:
i) 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 Teaching and Doctrine of Christs One, Holy, Catholic and Apostolic Church. We believe it is for the purpose of the procreation (if it may be) of children, and their spiritual and physical nurture, for mutual fellowship, encouragement, and understanding, and 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 Gods help to do so. We, further agree to seek the counsel of one of the Priests of Gods Holy Church if, in the changes and chances of this life, our union is endangered in any way. We make these statements in the Name of the +Father, and of the Son, and of the Holy Spirit. Amen. ii) No minister of the Church shall join in Matrimony any couple who refuses to sign this declaration.
9. It shall be within the discretion of any Minister to decline to solemnize any marriage.
10. It shall be the responsibility of any Minister to decline to solemnize any marriage where there are clear indications that a life-long union is unlikely, until he has satisfied himself through pre-marital counseling that the couple has resolved the issues involved. Some of these issues are:
a) Obvious extreme conflict between man and woman. b) Tender age on the part of either or both. c) Gross immaturity on the part of either or both. d) Inability of the couple to sustain a domicile financially. e) Extreme opposition on the part of the family of either or both, combined with a lack of obvious maturity or years to deal with such. f) Recent divorce or death of the partner of one of the persons desiring to be married. i) The Minister shall ascertain through pre-marital counseling the depth of understanding of the issues involved. g) Obvious hostility toward the opposite gender on the part of one or both of the parties. h) A history of sexual, verbal or physical abuse. i) A history of mental illness. j) A clear disparity in cultures, intelligence, understanding, social class or spirituality on part of the couple.
11. The threat of a civil ceremony, or loss of a parishioner to the Church, or actual joining in a civil ceremony or by a minister of the Gospel in a Protestant denomination The Catholic Apostolic National Church Revised February AD 2010 Page 38 of 81
shall not influence the responsibility of the Minister of this Church to assure that the Sacrament of Holy Matrimony is solemnized responsibly, with a clear understanding of its life-long nature.
12. No minister of this Church shall charge a set fee for weddings, nor shall he suggest a donation amount in literature, counseling or wedding contracts. If asked specifically, he shall state that the service is a Sacrament and it cannot be sold. Donations are, however, permitted in whatever amount is comfortable to the couple.
F. Holy Orders 1. Ordinations shall be performed only by a validly consecrated Bishop of this Church, in person, after serious examination of the Candidates learning, past and devotion.
2. All ordinations shall be performed using either the Old Catholic Ritual & Missal, the Tridentine Rite, (for Eastern Rite Churches: The Divine Liturgy of St. John Chrysostom, The Divine Liturgy of St. Basil) or the current Roman Rite. No other Rite shall be used.
3. Ordinations must be performed through a physical laying on of hands, and an invocation of the Holy Spirit.
4. Only males may be ordained to any of the three offices of the Sacred Ministry. This requirement cannot be changed or deleted.
5. All ordained orders must sign the Statement of Faith, and swear to uphold the doctrine and traditions of the One, Holy, Catholic and Apostolic Church. Any ordained person teaching doctrine which is contrary to the Statement of Faith, Scripture, or the Traditions of the Catholic Church shall be automatically inhibited.
6. Any man ordained must swear obedience to the Bishop of his See and to the Patriarch.
7. Any ordination which departs from these Canons is questionable, and the man must be ordained sub conditione under these Canons. Any man obtaining ordination or consecration sub rosa shall incur automatic excommunication and released from the clerical state if he had been previously. Any member of this church which furthers or in any way assists in such sub rosa ordination or consecration shall also incur immediate and automatic excommunication as well.
8. If it is discovered that the Candidate misrepresented himself in any way, the ordination remains valid, but the individuals ministry will be inhibited until a full investigation of the facts may be made by the Ordinary or an individual appointed by him. If the material misrepresentation is severe enough to interfere with the effective conduct of ministry, the deacon, priest or bishop making the misrepresentation shall be laicized and prohibited from practicing his ministry within the CANC.
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9. A deacon, priest or bishop inhibited in one diocese may not practice in another diocese of the CANC without a 2/3rds vote of the College of Bishops.
10. Each man ordained or consecrated in any office shall sign the following statement:
a) I, A.B., a (communicant/deacon/priest) in good standing within the Catholic Apostolic National Church, hereby solemnly promise and swear obedience to the Bishop (Patriarch) who has authority over me, the Most Reverend C.D. I solemnly swear to uphold the Statement of Faith of the Catholic Apostolic National Church, and to teach nothing which is contrary to the Statement of Faith in any manner whatsoever. I swear to practice the Sacraments of my Order with the Matter, Form, Intention and Ministers decreed by Scripture and Tradition. (Bishops only: I swear not to ordain nor attempt to ordain any woman for any reason whatsoever, nor any person whose life and witness is not consistent with the moral and ethical teachings of Christianity. I swear not to ordain any person who is practicing extramarital sex.) I swear not to attempt to join in Sacramental or Para-Sacramental union any persons of the same gender, nor to recognize such unions as the equivalent of marriage. I will con-celebrate the Sacraments only with those with those whom we are in inter-communion, or with the express permission of my Ordinary (Bishops: Express permission of the Patriarch.) I swear not to attempt to con-celebrate a Sacrament with a woman who is pretending to Holy Orders within the Catholic Church, nor with any person I know is in habitual mortal sin. I swear to uphold my life as it befits a priest of the One, Holy, Catholic and Apostolic Church, and recognize that I may be laicized, inhibited or excommunicated for living a scandalous lifestyle.
Signed this_____ day _________, in the Year of Our Lord, ___________.
G. Holy Unction 1. The Sacrament of Holy Unction shall be performed on any who are ill, infirm or close to death. The Ministers if the Sacrament of Holy Unction are to make themselves available to administer this Sacrament, most urgently, when so requested.
2. The Ministers of the Sacrament of Holy Unction are a Priest or a Bishop.
3. Oil blessed by a Priest or a Bishop shall be used.
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H. Of Other Para-Sacramental Services 1. No Minister shall perform any union of persons of the same gender in mockery of Holy Matrimony. a) Any Minister doing so shall be automatically and immediately laicized and excommunicated for perverting the intention of a Sacrament. Such laicization and excommunication is automatic and requires no process to be in effect.
2. No Minister of this Church shall concelebrate a Eucharistic celebration with a female priest, bishop or minister of the Gospel.
a) Any Minister doing so shall be subject to excommunication for perverting the matter and intention of the Most Holy Sacrament, and making a mockery thereof.
3. No Minister of this Church shall concelebrate a Eucharistic celebration with a minister of the Gospel, or any other person whose orders are questionable.
4. No Minister of this Church shall ordain or consecrate a person for another ecclesiastical body, nor participate in the ordination or consecration for another ecclesiastical body without the express permission of the Patriarch, delivered in writing. No Minister of this Church shall agree to do so until and unless such permission is received. No minister of this Church shall ordain or consecrate an individual for another ecclesiastical body whose theology is not identical in nature to this Churchs.
5. This Church shall not enter into communion agreements with any other ecclesiastical body whose Bishops ordain women to the Sacred Ministry, or whose ministers perform unions of those of the same gender, or whose Bishops ordain those who are openly living in sin, or whose orders are questionable.
6. No Church Building which is under the exclusive control of a Parish, Mission or Diocese of this Church shall permit the above cited prohibited activities to take place within the Church Building. Section IV: Worship
A. Of Translations of the Bible 1. Any modern translation of the Bible may be used, with strong preference given to those Bibles containing all of the books of the Old Testament as of old, rather than merely the Hebrew Old Testament, as approved by most Protestant denominations. Approved for use is the Revised Standard Version Catholic Edition, and the New American Bible.
2. The Patriarch may, at his discretion, prohibit the use of any particular form of the Bible. The Catholic Apostolic National Church Revised February AD 2010 Page 41 of 81
B. Of Missals 1. Only Missals authorized by the Patriarch and the College of Bishops may be used for public worship.
2. The following Missals and Rites are authorized. a) The Old Catholic Ritual & Missal (Gul-Matthew 1908). b) The Traditional Tridentine Mass, in Latin or English c) The Knott English Missal (Tridentine Mass translated into poetic English.) d) The current Roman Rite. (by permission) e) The Brazilian Rite (In Portuguese or English) f) The Anglican Use (RC) Rite (by permission)
C. Of the Due Celebration of Sundays 1. All persons within this Church shall celebrate and keep the Lords Day, commonly called Sunday, by regular participation in the public worship of the Church, by hearing the Word of God read and taught, by participation in the Holy Eucharist, and by giving of time, talents and treasures to the Holy Church of God.
D. Of Music 1. It is the duty of the Pastor to assure that all music used in worship is reverent and conducive to worship.
2. He shall not permit music in the Church which does not conform to Catholic Doctrine and Teaching. a) This Canon shall remain in full force and effect even in Youth Mass and the like. The Pastor is instructed to utilize appropriate Christian Music.
3. He may appoint such persons as are skilled in musical instruments and vocal music to conduct the musical portion of worship.
4. The Pastor remains the final authority on the music within the Church, subject to the directives of the Church as a whole, the Patriarch and the local Ordinary.
E. Of the Consecration of Churches 1. No Church or Chapel shall be consecrated until the Bishop shall have been sufficiently certified that the building and ground on which it is erected have been fully paid for, and are free from lien or other encumbrance.
2. No consecrated Church or Chapel shall be removed, taken down, or otherwise disposed of for any worldly or common use, without the previous consent of the Bishop or Patriarch. The Catholic Apostolic National Church Revised February AD 2010 Page 42 of 81
3. A Church or Chapel that has been consecrated shall not be used for a worldly use, encumbered, hypothecated or otherwise alienated.
Section V: Of Business Methods in Church Affairs
A. Fiscal Year 1. The Fiscal Year shall be the Calendar Year, beginning of January 1 st and ending on December 31 st .
B. Financial Reporting 1. Each Diocese shall deliver quarterly (15 th of January, April, July and October) a full financial disclosure. a) If the income of any Diocese for a year exceeds $20,000.00, the financial disclosure shall be made by an accountant or bookkeeper who is not an employee of the Diocese or a member of this Church. b) If the income of any Diocese exceeds $100,000.00 in a year, the financial report shall be made by a Certified Public Accountant who is not an employee of the Diocese or a member of this Church. c) The Patriarch may order an audit of any Diocese or Parish at any time.
2. The Archdiocese shall, to the College of Bishops, deliver annually a complete financial report on the income and expenditures of the Archdiocese. a) If the income of the Archdiocese for a year exceeds $20,000.00, the financial disclosure shall be made by an accountant or bookkeeper who is not an employee of the Archdiocese or a member of this Church. b) If the income of the Archdiocese exceeds $100,000.00 in a year, the financial report shall be made by a Certified Public Accountant who is not any employee of the Archdiocese or a member of this Church.
3. The College of Bishops may order an audit of the Archdiocesan books by a 4/5ths vote.
4. If it is found that the Patriarch has misappropriated funds, he may be inhibited and church disciplinary action may be taken.
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Section VI: Dissolution of the Church
1. Should disputes be unable to be resolved in the College of Bishops, the Bishops in union with the Patriarch shall be considered to be the continuing body of the Church.
a) Except that the Patriarch may be removed, only for cause, by the unanimous vote of the College of Bishops, less one.
i) The Patriarch shall not have a vote at a question of his removal. ii) If the Patriarch is removed for cause, the College of Bishops shall immediately elect a new Patriarch and the College of Bishops shall be considered to be the continuing body of the Church. iii) If the Patriarch is not removed, all of those who vote against the Patriarch shall, at once, resign their Sees through the breaking of their vow of obedience. They may continue in the Church as Parish Priests. iv) Promises or threats made by any Bishop or on behalf of any Bishop to influence this election shall cause that Bishop to be unseated at once and laicized.
2. All Property, Dioceses, Parishes, Missions, Seminaries, Real and Intellectual Property and Bank Accounts shall remain with the continuing body of the Church.
3. Any Bishops leaving the structure of the Church shall not retain the right to their Parishes and Missions, and must return any Church property within five (5) days intact as it was as of the day of their separation from the body of the Church. No Bishop of this Church shall alienate any real property given, titled, bequested or otherwise obtained by the Church, held in trust for the Church by the Bishop without the express written consent of the Patriarch, in which said documentation specifically identifies the item(s) to be alienated and in what manner and for what purpose.
4. The Patriarch shall, at once, hold elections for new Bishops to fill any vacant Sees.
5. The College of Bishops may elect, by unanimous vote, to give the Patriarch the right to appoint and consecrate new Bishops of his choosing in this situation.
Section VII: Amendment of Canons
1. Amendment of these Canons may take place by a unanimous vote of the College of Bishops.
2. Except that Canons referring to Form, Matter, Intent and Administration of the Sacraments may not be altered for any reason whatsoever. De fide
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3. In general, any attempt to alter the ancient, received teaching of the One, Holy, Catholic and Apostolic Church shall be prima facie null and void.
4. This section (Section VII) is a permanent part of these canons indefinitely, and not be subject to revocation, annulment or amendment of any kind.
Section VIII: Severability
1. If any of these Canons shall be found to violate Federal, State or Local Law, and they cannot be successfully defended, the Canon shall remain in effect to the degree and scope that is permissible.
2. The nullity of one section of these Canons does not affect the other sections of these Canons. Section IX: Declaration of Intent
1. It is our intention to form and administer this branch of the Holy Tree of Christs One, Holy, Catholic and Apostolic church in unity, constancy and peace.
2. Discord does not permit the Church to grow.
3. These Canons, together with the Statement of Faith, are intended to explicate the essentials of Church Polity, Doctrine and Teaching.
4. It is our belief that, by explicating clearly the essentials of Church Polity, Doctrine and Teaching, we can ameliorate the discord which exists in much of the Lords Body today, and make disciples of all nations. We believe that this is the command of the Lord.
Signed:
In the Name of the Father and of the Son and of the Holy Spirit. Amen.
Section X: Acknowledgement.
I have read the Code of Canon Law of the Catholic Apostolic National Church completely, and I fully agree to be bound by it and agree to be legally bound to the canon laws herein. Revised; April 29, 2009.
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[Each Bishop of this Church shall sign, and have witnessed, their assent to these Canons, on the attached pages]
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Catholic Apostolic National Church CONSTITUTION
We, the duly consecrated and appointed Bishops of the Old Catholic Church of the United States, Inc. publicly known, as of August 1, 2005, as the Catholic Apostolic National Church, make the following solemn declaration.
We declare this Church to be, and desire that it shall continue in full communion with all Catholic Churches throughout the world who hold the One, Holy, Catholic and Apostolic Faith, as delivered to us through the Ages, believed by the Saints, Apostles and Martyrs, and held Always, Everywhere, and by Everyone. We are in fellowship with all Churches who hold the same Catholic Faith revealed in Holy Writ, confirmed by the Fathers of the Church, who celebrate the traditional Divinely ordained Seven Sacraments, receive the Canonical Old and New Testaments of Holy Scripture, minister through the same Apostolic Orders, and worship One God and Father through the same Lord Jesus Christ, by the same Holy and Divine Spirit who is given those who believe, to guide them into all truth.
We hold the Faith as given to our Fathers through the Ages to be incapable of alteration. While, at diverse times the rites surrounding the administration of the Sacraments may vary, according to local usage, language and custom, yet we hold that the Matter, Form, Ministers and intention of the Sacraments is inalterable and appointed by the Divine Decree through our Lord and Master, Jesus Christ.
That which we hold to be the Catholic Faith is only that which we have received. We solemnly promise to deliver that, unimpaired, to posterity, God being our helper, until the Lord shall return in Glory.
We, therefore, that all things may be done seemly and in order, set forth this Constitution, these Canons, and this Statement of Faith.
In the Name of the + Father, and of the + Son, and of the + Holy Spirit, Amen.
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Article I - Of the Governance of this Church. Section 1: This Church is, and is intended to be, a hierarchical body. The basic unit of Church organization is the parish community. Each parish community shall have as its pastoral head, a validly and licitly ordained priest of this Church, aided by a validly and licitly ordained deacon of this Church. Every such parish must be a part of a larger unit, known as a Diocese, which is an organization of parishes, missions and other localized Church functions and functionaries. A diocese has, for its pastoral head, a validly and licitly consecrated Bishop of this Church, validly installed as the Ordinary of that particular Diocese, with his cathedra at the primary parish, being the See of that Diocese. The Bishop of a particular Diocese (Ordinary) shall, by right and virtue of his office, having been installed as such by the Patriarch, as evidenced by a declaration of installation signed and sealed by the Patriarch, have all temporal, spiritual and juridical rights specified and historically possessed by an Ordinary of a Diocese, as commonly understood within the Catholic Church, specified herein. The Bishop of a particular Diocese shall, by the authority of his office, upon taking possession of his See by reading the declaration of installation, signed and sealed by the Patriarch, aloud at the first available Mass, take possession of all Church property and funds of the Diocese and hold it, in trust, for the Church (the National Body), and shall be wholly responsible for its care and proper stewardship, although he may designate certain person(s) to aid in the stewardship and care of such, as are necessary due to their peculiar skills, certifications and education. No individual may aid in the care and stewardship of any Church owned or Church related property or funds who has been convicted of a felony or misdemeanor offense, or who has been dismissed from any employment as a result of some inconsistency regarding property or funds which that person had a duty to care for. (This section may not be amended.)
Section 2: There shall be a College of Bishops in this Church, consisting of every Bishop consecrated as a Bishop in this Church, or incardinated as a Bishop in this Church, including (but not limited to) those serving as Patriarch, Patriarch, Vicar-General, Provincial Ordinary, Diocesan Ordinary, Assistant to a Diocesan Ordinary, Assistant to the Patriarch, Episcopal or Patriarchal Staff, or who the College of Bishops elects and appoints to have a seat in this College. The Patriarch alone may effect Agreements of Communion on behalf of this Church, authorize the consecration of a bishop, authorize Church Statements on issues of Faith and Morals, authorize the formation of a diocese or province, call a National or Worldwide Synod of the College of Bishops, incardinate or excardinate a bishop, inhibit a bishop (after determination by Investigation) or execute agreements on behalf of the Church (unless authority is given in writing, for a particular purpose to a member of this Church, by the Patriarch). All property and funds owned or controlled by the Church are, directly or indirectly, actually or constructively, de facto held and possessed by the sitting Patriarch, in trust, for The Catholic Apostolic National Church (the National Church body), and only the Patriarch can legitimately authorize the sale or disposition of any Church property or funds, although lesser value property and lesser value amounts may be cared for or disposed of by on behalf of the Patriarch by and through the local Bishop of a particular Diocese (Ordinary), provided that Bishop has the expressed written approval of the Patriarch to do so, and to what degree. (This section may not be amended.)
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Section 3: No individual consecrated in another jurisdiction, until and unless elected and appointed in an Episcopal capacity within the Church, shall hold a seat in the College of Bishops. (This section may not be amended.)
Section 4: The Patriarch of the Worldwide Communion shall preside over all meetings of the College of Bishops. He may designate a duly authorized Bishop to represent him and carry his vote or veto. Such Bishop must be a member of this Church in good standing. The Patriarch is, and shall always be, the visible head of this Church, and shall speak on behalf of the Church as a whole. The Diocese under the Episcopal care of the Patriarch shall be known as the Patriarchate, and all other Dioceses of this Church shall be subject to its governance, and shall make regular reports as to operations, membership and church financing to the Patriarch by and through the organization of the Patriarchate. (This section may not be amended.)
Section 5: The Patriarch shall be the Bishop elected by a 75%. majority vote of the College of Bishops to serve as Patriarch. He shall serve until death, retirement, or unless removed according to Canon. (This section may not be amended.)
Section 6: The Patriarch shall preside over all meetings of the College of Bishops. (This section may not be amended.)
Section 7: Save that if he be prevented from presiding for any reason other than death, resignation, retirement, or removal, the Vicar-General of the Church shall preside, or if none exists at the time, then the Bishop most senior in date of consecration or incardination within this Church body shall preside at the College of Bishops. (This section may not be amended.)
Section 8: The College of Bishops shall be deemed to have a quorum if three-fourths (3/4) of the members thereof and the Patriarch are present. A Provincial or National College of Bishops may affect only governmental changes by themselves, the Worldwide College of Bishops is required to respond to issues of Faith or Dogma, and in such cases, when the issues are known beforehand, a Bishop unable to travel to the location of the Synod of the College of Bishops may, by his signature and seal, vote his determination in such matters by certified or otherwise registered mail, and upon verification of such signature and seal, such vote shall be counted as though he were present. A Worldwide College of Bishops includes all bishops of this Church Worldwide. The College of Bishops shall, by and through the Vicar-General, make every effort to advise the College of the specific issues to be decided and voted upon beforehand, so that due consideration and deep prayer can be brought to bear on said issues early on, and that diligent and thorough care might be given to such matters. (This section may not be amended.)
Section 9: The College of Bishops shall be deemed to have a quorum if three-fourths (3/4) of the members thereof are present, and the Patriarch is unable to attend, but has appointed the most senior Bishop to preside. (This section may not be amended.)
Section 10: In the event of severe disability of the Patriarch, rendering him incapable temporarily or permanently to preside, at least 51% of members of the College (exclusive of the Patriarch) must issue a decree to that effect, and, until the death of the Patriarch the Vicar- The Catholic Apostolic National Church Revised February AD 2010 Page 49 of 81
General, or if none exist, the most senior Bishop, as stated above, shall serve as Patriarch pro- tem. (This section may not be amended.)
Section 11: If a temporary disability of the Patriarch shall exceed twelve (12) months, or the Patriarch pro tem is notified that the disability shall be permanent, or shall last longer than twelve (12) months, the Patriarch shall be deemed no longer capable of carrying out his office, and shall be considered to have honorably resigned, and an election shall be held, as according to Article I, s5, above. (This section may not be amended.)
Section 12: It is expressly designed that only Bishops shall have any voting power in the administration of this Church. Each individual Bishop is, and shall be, the primary juridical authority of his respective Diocese, Province or Archdiocese, and is the Chief Presbyter of that Diocese. (This section may not be amended.)
Section 13: The College shall meet at least once annually, at a time and place specified by the Patriarch.
Article II - Of Bishops Section 1: All Ordained Ministers in this Church shall be male, according to the dictates of Sacred Scripture, Tradition, and the clear mandate of the Church of God. De Fide (This section may not be amended.)
Section 2: All Bishops shall be appointed by the Patriarch after election by the College of Bishops, to the position in which he is needed. (This section may not be amended.)
Section 3: No one shall be ordained and consecrated Bishop until he has attained the age of thirty (30) years. (This section may not be amended.)
Section 4: He shall be elected by a 2/3rds. Vote of the College of Bishops. (This section may not be amended.)
Section 5: The College of Bishops may elect, with the consent of the Bishop of the Diocese, a Suffragan Bishop, without the right of succession. He shall be eligible for appointment as Ordinary of any Diocese, as Assistant to the Patriarch, as Coadjutor Bishop in the Diocese in which he is serving, or in another Diocese, or Patriarchal Staff, at the pleasure of the Patriarch. (This section may not be amended.)
Section 6: The College of Bishops may elect, with the consent of the Bishop of the Diocese, a Bishop Coadjutor, with right of succession. He shall, upon the death, disability, retirement, resignation or removal of the Ordinary of the Diocese, automatically succeeded as Ordinary of the Diocese to which he was appointed. (This section may not be amended.)
Section 7: Except that no Bishop Coadjutor shall have rights of succession to the Patriarchal Seat. (This section may not be amended.) The Catholic Apostolic National Church Revised February AD 2010 Page 50 of 81
Section 8: All Bishops shall reside within the jurisdiction of their See, and shall confine their Episcopal activities to their jurisdiction, unless invited by the Ordinary of a Diocese, or appointed by the Patriarch to do otherwise. (This section may not be amended.)
Section 9: The College of Bishops may appoint a Bishop to be in charge of the work of those chaplains in the Armed Forces of the United States or Canada who are ordained Ministers of this Church. This Bishop shall have jurisdiction over all Military Chaplains, regardless of the temporary or permanent geographical location of such chaplains.
Article III - Of New Dioceses Section 1: From time to time, with sensitivity to the Pastoral need, the Patriarch, in consultation with the College of Bishops, shall create new Dioceses out of existing Dioceses. (This section may not be amended.)
Section 2: The Patriarch, in consultation with the College of Bishops, shall designate a See City for the new Diocese. (This section may not be amended.)
Section 3: If the new Diocese is created out of an existing Diocese, the Bishop of the existing Diocese shall have the right to elect which of the new dioceses he shall administer, and any Bishop Coadjutor or suffragan may be appointed to serve the new Diocese, or the Patriarch may, at his sole discretion, call for the election of a Bishop for the new diocese, for which the Coadjutor or suffragan may stand.
Section 4: If a new Diocese is created out of two or more existing Dioceses, the Bishop most senior in consecration or incardination into this Church shall have first choice of Diocese, the one next senior next choice, and so on. The new Diocese or Dioceses shall be apportioned by appointment of the Patriarch, or election, if no already consecrated Bishop can be found to serve.
Section 5: Nothing in this Article shall be interpreted to permit any Bishop to reside outside his jurisdiction. However, should a Bishop be impeded, by an individual or other entity, from physically taking possession of his See, upon notification to the Vicar-General and notation of the Patriarch, he shall be deemed to have constructive possession thereof, and have all full and proper ecclesiastical, temporal, spiritual and juridical authority and rights proper to that office. When able to do so, said Bishop shall take actual possession of his See when physically able to do so. (This section may not be amended.)
Section 6: All Bishops shall take an Oath of Obedience to the Patriarch, and duly sign the Statement of Faith of this Church. (This section may not be amended.)
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Article IV - Of the Naming of Dioceses Section 1: Dioceses shall be named after the See City wherein the Cathedra of the Bishop resided, according to the ancient practice, except for the Diocese of the Armed Services, which shall be named the Diocese of the Armed Services.
Section 2: All Dioceses, except for the Diocese of the Armed Services, shall be geographical and have well defined boundaries. These boundaries may be delineated by reference to political boundaries, or by any other generally accepted reference.
Article V - Of Missionary Bishops Section 1: The College of Bishops may elect a Bishop to oversee all ministers and missionaries in any parts of the World where a province or missionary parish of the Church has not yet been established.
Article VI Section 1: Nothing in this Constitution, the National Church Bylaws, or the National Canons of this Church or the Canons of any subordinate jurisdiction of this Church, shall defeat, entail, or encumber the title or right of any parish, mission, school, or religious community, which existed previously as an entity separate and independent of this Church, in any of its real property or funds, which have not been commingled with, donated or otherwise made a permanent part thereof, of accounts and possessions of the subdivisions of this Church. However, upon becoming full members of this Church, and such previously existing community who freely gives deed, title or otherwise confers ownership of real property, interest in any real property, or funds to this Church, does so in perpetuity, and without the right of revocation of the conferring of such ownership rights upon this Church (The Old Catholic Church of the United States, Inc. DBA the Catholic Apostolic National Church). Nothing in this Constitution or the National Canons of this Church or in the Canons of any subordinate jurisdiction of this Church, shall defeat, burden, or delay the right of any Bishop, Priest, Deacon, or employee of this Church to the full enjoyment of any vested portion of pension funds accrued to his account, or of any contractual right belonging to such person,
a) Except that any property (real, financial, intellectual or otherwise) owned, operated, financed or held in trust for a parish, by the Diocese or Archdiocese shall return remain the in the possession of that Diocese or Archdiocese, upon the secession of any individual or group of individuals, or former parishioners, from the jurisdiction of this church. Any property purchased from funds raised, tithed to, deeded or willed to, or otherwise donated to the Church (including parishes, missions, dioceses, provinces or archdiocese thereof) shall, at all times, remain and be the property of The Catholic Apostolic National Church (the National Church body). Any funds donated to the Church shall, at all times, remain and be the property of Catholic Apostolic National Church (the National Church Body), and shall return immediately to The Catholic The Catholic Apostolic National Church Revised February AD 2010 Page 52 of 81
Apostolic National Church. (the National Church Body) upon the secession or dissolution of any parish or community described herein from the jurisdiction of this church. (This section may not be amended.) b) This Church shall not be held responsible for properties owned or held privately by an incardinating parish, in which the Church (the National Church Body) has no interest in the real property. Likewise the Church shall not be liable for any such locally and privately held property, with respect to any liability arising therefrom, and local parishes are instructed and directed to obtain and maintain the proper and necessary insurance, in sufficient amount. (This section may not be amended.)
Article VII - Of Ministers Section 1: No person shall be ordained a Priest or Deacon, or consecrated a Bishop, nor any type of minister in this Church, until he shall have been examined by the Board of Examining Chaplains and the Standing Committee on the Ministry, and have exhibited such testimonials and other requisites of the Ministry, and shall have exhibited such testimonials and other requisites as the Canons in that case provided may direct. No person shall be consecrated a Bishop, or ordained a Priest or Deacon to minister in this Church, unless at the time, in the presence of the ordaining Bishop or Bishops, he shall sign and swear to uphold, support, defend and be bound in fealty and fidelity to their proper bishop, the Patriarch and to this churchs Statement of Faith. (This section may not be amended.)
Section 2: No person shall be Pastor, Pastor Pro Tem or regular supply clergy for any parish of this Church unless they have first been approved, and validly and licitly ordained by a Bishop of this Church and/or received into Ministry in this Church by the appropriate Bishop. (This section may not be amended.)
Section 3: No Minister of this Church shall officiate regularly in the parish or congregation of any Church other than this Church without specific permission of their Bishop, and if a Bishop, then the Patriarch. (This section may not be amended.)
Section 4: No Minister of this Church shall hold dual allegiance or membership with this Church and another ecclesiastical body. Likewise no Minister of this Church shall participate in any undertaking, which is contrary to the faith, dogma, morals, canon law, Statement of Faith or constitution of this Church. (This section may not be amended.)
Section 5: No Minister of this Church shall be a participant in the administration of the Sacraments with any Minister whose ecclesiastical body is not in Communion with this Church through a signed Agreement of Communion. (This section may not be amended.)
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Article VIII - Of Ecclesiastical Courts Section 1: The Canons provide for the establishment of Ecclesiastical Courts wherein there shall be due process in the trial of any Minister of the Church. No member of this Church shall be in peril of loss, except upon oath and affirmation of witnesses, production of reliable and verified evidentiary documentation and that good cause be shown, and produced in proper form to the proper Ecclesiastical Courts, all within the due and proper time. (This section may not be amended.)
Section 2: By entering into the Ministry of this Church every Minister agrees to make himself subject to the Canonical Discipline of the Church, and is bound by the decisions of the College of Bishops and his superiors. (This section may not be amended.)
Section 3: No Minister of this Church shall, for any reason whatsoever, seek recourse to the civil courts for any dispute with his peers, superiors or subordinates, or with the Parish, Mission, or Diocese to which he assigned with respect to any aspect of Church business, polity or theology. (This section may not be amended.)
Article IX - Of Worship & Liturgy Section 1: The primary form of Worship of this Church is the Holy Eucharist, or Mass of the People. (This section may not be amended.)
Section 2: The Patriarch and the College of Bishops authorize the following liturgies and rites to be used by all of the faithful of the Church: For the Western Rite Churches; The Old Catholic Missal & Ritual (1909) Gul-Matthew, The Roman Catholic Tridentine Mass and Roman Pontifical (In the Vernacular and Latin), and the Current Roman Catholic Rite (Novus Ordo), and for Eastern Rite Churches; The Divine Liturgy of St. John Chrysostom, and The Divine Liturgy of St. Basil. Unauthorized rites and liturgies are not to be used, likewise unauthorized variations of the words, rubrics, calendars, vestments or method of worship specific and proper to the specified liturgies and rites are expressly forbidden.
Section 3: Only authorized Liturgies may be used. (This section may not be amended.)
Section 4: The Patriarch and College of Bishops may, from time to time, issue rules regarding the music to be used at Worship. (This section may not be amended.)
Section 5: The Latin Vulgate is the primary translation of Holy Scripture for this Church. In the English vernacular, within the continental United States, the Revised Standard Version- Catholic Edition is the currently approved version for study, instruction and vocational training. Both the Revised Standard Version-Catholic Edition and the New International Version- Catholic Edition are approved for use in liturgies in the vernacular. For the Eastern Rite Churches of this jurisdiction, the traditional and widely accepted version of Greek Text is permitted, as well as the specified ones for the vernacular. The Patriarch and College of Bishops The Catholic Apostolic National Church Revised February AD 2010 Page 54 of 81
shall designate, from time to time, other approved translations of Scripture, which are permitted to be read in Churches. (This section may not be amended.)
Section 6: The Patriarch and College of Bishops shall designate appropriate Liturgical Attire for the Ministers of the Church in the performance of their duties. Said liturgical attire and vestments shall be proper to the type and kind of liturgy being used, and the mixing of vestment styles and types is not to be allowed. Ill-fitting or otherwise improper vestments are not to be used, likewise no item is to be used as a vestment or any part of liturgical attire, nor altar clothe, or any other items used during liturgical worship, that espouses or is understood to espouse, any concept of life that is contrary to the Catholic faith that this Church espouses. (This section may not be amended.)
Section 7: The Patriarch and College of Bishops shall issue, from time to time, a liturgical calendar designating Feasts, Fasts, Holy Days, and the like, as well as prescribing Liturgical Attire, particular to their Rite, to be worn by Ministers in the performance of their duties on those days. (This section may not be amended.)
Article X - Holy Scriptures Section 1: The Books of the Bible are: Old Testament New Testament
Genesis Exodus Matthew Mark Leviticus Numbers Luke John Deuteronomy Joshua Acts Romans Judges Ruth I Corninthians II Corinthians I Samuel II Samuel Galatians Ephesians I Kings II Kings Philippians Colossians I Chronicles II Chronicles I Thessalonians II Thessalonians Ezra Nehemiah I Timothy II Timothy Tobit Judith Titus Philemon Esther Job Hebrews James Psalms Proverbs I Peter II Peter Ecclesiastes Solomon I John II John Wisdom (of Solomon) Sirach III John Jude Isaiah Jeremiah Revelation Lamentations Baruch Ezekiel Daniel Hosea Joel Amos Obadiah Jonah Micah Nahum Habakkuk Zephaniah Haggai Zechariah Malachi I Maccabees II Maccabees
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We affirm that these are the ancient books of the Bible, received by the Early Church. De Fide (This section may not be amended.)
Article XI - Of Communion With Other Churches Section 1: This Church may enter into Communion only with those Churches who hold to the One, Holy, Catholic, and Apostolic Faith, as described above. De Fide (This section may not be amended.)
Section 2: This Church may not enter into Communion with any Church which attempts to ordain women to any level of the sacerdotal ministry (Bishop, Priest or Deacon). De fide (This section may not be amended.)
Section 3: This Church may not enter into Communion with any Church which knowingly ordains those who are openly practicing homosexuals, or those who are cohabiting with a member of either gender in a sexual relationship other than ones legitimate and legal spouse of the opposite gender. De Fide (This section may not be amended.)
Section 4: This Church may not enter into Communion with any Church which performs ceremonies joining the lives of homosexuals into any relationship in imitation of marriage. De Fide (This section may not be amended.)
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Article XI - Our Statement of Faith Section 1: Our Statement of Faith is as follows; De Fide (This section may not be amended.)
We Hereby Make This Statement Of Our Faith And Practice; We believe Sacred Scripture as interpreted by the Church, together with the Seven Undisputed General Councils of the Whole Church, together with doctrines believed by the Church as a whole prior to the Great Schism of 1054, as defining the belief of the Whole Church. Every person wishing to become a member of this Church must affirm this Faith as contained in the articles below. We affirm the Holy Scriptures of the Old and New Testaments as interpreted by the Church, as containing everything that is necessary for salvation, and as being the rule and ultimate statement of the Faith of the Church. We accept the Canon of Scripture as handed down from of Old. We affirm the Nicene Creed as the principal creed of the Faith of the Church. We also recognize the Western Baptismal Creed, commonly called the "Apostles Creed," and the hymn commonly called the "Athanasian Creed" as representing statements of the Nicene Faith. We believe that the Nicene Creed is a literal statement of the belief of the Church and is not subject to interpretation which dismisses as merely allegorical or merely mythological any portion thereof. We affirm the Seven Sacraments Baptism, Holy Eucharist, Confirmation, Holy Order, Holy Matrimony, Penance and Holy Unction administered with the unfailing use of the traditional outward and visible signs, and the form, matter, ministers and intention received of old. We affirm the Historic three-fold ministry of Bishops, priests and deacons, and the traditional rights and powers thereof, locally adapted in the methods of its administration according to the needs of the nations in which the Church resides, but historic in form, matter, ministers and intention. We affirm that, in accordance with Sacred Scripture and ancient Tradition, only males may be ordained to the Diaconate, Priesthood, or Episcopate. We affirm the Real Presence of Our Lord in the Eucharist when the Eucharist is performed by a validly ordained Priest of the Holy Catholic Church, with the elements ordained by Christ, and a valid Canon of the Mass including Christs Words of Institution and the Epiklesis. We affirm that those who receive the Sacraments unworthily do so to their detriment, but do so without effecting the nature or efficacy of the Sacrament itself. The Catholic Apostolic National Church Revised February AD 2010 Page 57 of 81
We affirm that the unworthiness of a minister of a Sacrament does not invalidate the Sacrament, but, rather, that a Sacrament performed with the proper matter and form, and with the intention of the Church to make such action a Sacrament, remains valid, whether or not the minister is worthy to administer that Sacrament. We affirm that marriage, conducted as a Sacrament, with the full understanding and intention of both parties to make a marriage, is indissoluble except by death. However, we believe that the Church may annul "marriages" which have taken place without full understanding and intention of the parties involved, and counsel that error be made on the side of compassion for those seeking to make marriages after divorce. We affirm an openness to all of the gifts of the Holy Spirit, including the so-called "Charismata," but finding it unscriptural to require that anyone exercise any particular Charism to be considered a full, believing member of this body. (I Corinthians 12:21) Those who exercise the Charismata are welcome and encouraged to exercise their gifts to the edification of the Church in an orderly, Biblical manner, subject to the godly discipline of the Pastor of the Parish to which they have allegiance. We believe in an intermediate state wherein all persons, after death and individual (particular) judgment, will have an opportunity to repent their sins, acknowledge Jesus as the only Way, Truth and Life, and grow "from strength to strength." We deny that this intermediate state is a place of torture and fear, but affirm that any pains endured in this state are gladly embraced, as they are the pains of releasing our earthly bondage and conforming to the Will of God in all things. We believe that there is a possibility that some will reject grace, no matter how often it is offered, and these people freely choose to remain in a state of separation from God. This state of spirit we call "Hell." It is a freely chosen state of the damned to be damned. It is not the will of the Father that any be lost. We believe that humans are truly endowed with free-will and can freely choose Life in Christ Jesus or death through the rejection of grace. We believe that the Holy Scriptures are inerrant on all matters of faith and morals. We believe that people are justified by faith, which is demonstrated in good works and obedient practice. Both faith and works are necessary to the living of a Christian life. We believe that there is a "cloud of witnesses," the Saints, whom we may ask to pray for us as one would ask any other member of the Church. It is an idolatrous practice, however, to ask Saints to give us any material or physical blessing of their own. For, while the prayer of the righteous is very effective (James 5:16), yet every good thing comes from the Father (James 1:17). We believe that the "Sacrifice of the Mass" is a "making present" of Jesus One Sacrifice, once offered, forever. Jesus Sacrifice is made present on the altar, and, as such, the Mass may be The Catholic Apostolic National Church Revised February AD 2010 Page 58 of 81
spoken of as a Sacrifice. Therefore, it is appropriate that Masses be offered for the living and the dead, making present to the Church now the One Sacrifice once offered, and making very present the benefits of Christs Holy Sacrifice to the benefit of those present at the offering. We believe that Mary, mother of Jesus, was truly the Theotokos, or bearer of the Incarnation of the Second Person of the Trinity. When Mary is called "Mother of God" we truly honor her who gave everything of herself to secure our Salvation. However, the Theotokos is called "Mother of God" in the sense that she bore Jesus, who was and is the Incarnation of the Son, not in the sense that she generated, in any way, the Godhead. We believe that the prayers of the Blessed Virgin are effective because of her great and unique faith, and because she has a relationship which is unique with God from having been the bearer of the Son. The relationship, which exists between Jesus and His mother, is the same relationship Jesus wants to have with all believers. Mary is unique because of her great faith, and it is this which gives special power to her prayers, and her maternal relationship with the Lord. We believe that all Bishops who have valid orders and remain in the orthodox faith, are successors of the Apostles, and, while we accord to the Bishop of Rome great respect, and primacy of position, we see him as first among equals, however completely reject the Papal Claims of Universal Jurisdiction and Infallibility. We believe that faithful Christian Marriage between a male and a female, free of impediments, is the only legitimate state for sexual expression between individuals. We believe that whatsoever is not repugnant to the Catholic Faith, but which aids in belief and devotion, may be believed as pious opinion, but may not be taught as doctrine of the Church. We affirm that the Eucharist is the principal service of the Church; that its celebration is commanded by the Lord, and that it shall be the regularly celebrated Sunday Worship whenever possible.
I, (name), having read the above Statement of Faith of the Catholic Apostolic National Church, do affirm that I agree with and will conform myself to the faith of Christians throughout ages as expressed herein. In affirmation, I bind myself, with the help of Almighty God, to living my life in accordance with the Catholic Faith, by my signature below:
Section 2: This Statement of Faith is grounded in the understanding of Catholic Faith as understood through Divine Revelation in Holy Scripture and Sacred Tradition, which is taught to us through the Magisterium of the Church. Sacred Tradition is the living expression of Catholic Faith, taught us by the Apostles and the Early Church Fathers, and as such, guides our understanding of Faith. De Fide (This section may not be amended.) The Catholic Apostolic National Church Revised February AD 2010 Page 59 of 81
Article XII - Of Amendments To This Constitution Section 1: This Constitution may be amended only by unanimous vote of the College of Bishops. Only those areas or sections, which are not specified as unalterable, may be changed. (This section may not be amended.)
Section 2: Any amendment must be approved over two annual meetings of the College of Bishops.
Section 3: Any Bishop wishing to propose an amendment must first receive the approval of the Patriarch to propose an amendment, which approval must be sought no later than three (3) weeks prior to the meeting of the College of Bishops, and must be submitted in person or in writing to the office of the Patriarch.
Section 4: If the Patriarch fails to act upon the request of a Bishop to propose an amendment, it shall be deemed that the proposed amendment has failed. (This section may not be amended.)
Section 5: If the amendment passes, it must be voted upon at the next annual meeting of the College of Bishops. If it passes at the second annual meeting of the College of Bishops, it shall be instituted immediately.
Section 6: The College of Bishops does not (and shall never) have the power to change the Form, Ministers, Matter or Intention of any Sacrament, nor to alter, in any way, the received Catholic Faith. Any amendment put forth which seeks to do such, shall be, on its face, invalid and illicit. De Fide (This section may not be amended.)
Section 7: Certain sections and articles, as noted, may not be amended for any reason whatsoever. Matters of theology which are unalterable, foundational parts of the Catholic Faith are De Fide, and as such, unchangeable. (This section may not be amended.)
Section 8: This Constitution is governed under the Laws of the State of Illinois.
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Acknowledgement and Signature:
I, ____________________________________, having read the above Constitution of the Catholic Apostolic National Church, including the enclosed Statement of Faith, do hereby state and acknowledge that I understand, consent to, and agree to be bound by, all of the provisions stated herein. In oath and affirmation, I bind myself, with the help, guidance and blessing of Almighty God, to support, defend, and abide by these Constitutions of this Holy Church. I will place the needs of the Church first, and will follow the directions of this Constitution, and properly will care for the Church members and property placed in my control.
I, _________________________________, having first duly sworn and deposed the above individual under oath, set my seal upon this document. My commission end on: _________________________________ , 20_____
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The Catholic Apostolic National Church STATEMENT OF FAITH
We Hereby Make This Statement of Our Faith And Practice;
We believe Sacred Scripture as interpreted by the Church, together with the Seven Undisputed General Councils of the Whole Church, together with doctrines believed by the Church as a whole prior to the Great Schism of 1054, as defining the belief of the Whole Church. Every person wishing to become a member of this Church must affirm this Faith as contained in the articles below.
We affirm the Holy Scriptures of the Old and New Testaments as interpreted by the Church, as containing everything that is necessary for salvation, and as being the rule and ultimate statement of the Faith of the Church.
We accept the Canon of Scripture as handed down from of Old.
We affirm the Nicene Creed as the principal creed of the Faith of the Church. We also recognize the Western Baptismal Creed, commonly called the "Apostles Creed," and the hymn commonly called the "Athanasian Creed" as representing statements of the Nicene Faith.
We believe that the Nicene Creed is a literal statement of the belief of the Church and is not subject to interpretation which dismisses as merely allegorical or merely mythological any portion thereof.
We affirm the Seven Sacraments Baptism, Holy Eucharist, Confirmation, Holy Order, Holy Matrimony, Penance and Holy Unction administered with the unfailing use of the traditional outward and visible signs, and the form, matter, ministers and intention received of old.
We affirm the Historic three-fold ministry of Bishops, priests and deacons, and the traditional rights and powers thereof, locally adapted in the methods of its administration according to the needs of the nations in which the Church resides, but historic in form, matter, ministers and intention.
We affirm that, in accordance with Sacred Scripture and ancient Tradition, only males may be ordained to the Diaconate, Priesthood, or Episcopate.
We affirm the Real Presence of Our Lord in the Eucharist when the Eucharist is performed by a validly ordained Priest of the Holy Catholic Church, with the elements ordained by Christ, and a valid Canon of the Mass including Christs Words of Institution and the Epiklesis.
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We affirm that those who receive the Sacraments unworthily do so to their detriment, but do so without effecting the nature or efficacy of the Sacrament itself.
We affirm that the unworthiness of a minister of a Sacrament does not invalidate the Sacrament, but, rather, that a Sacrament performed with the proper matter and form, and with the intention of the Church to make such action a Sacrament, remains valid, whether or not the minister is worthy to administer that Sacrament.
We affirm that marriage, conducted as a Sacrament, with the full understanding and intention of both parties to make a marriage, is indissoluble except by death. However, we believe that the Church may annul "marriages" which have taken place without full understanding and intention of the parties involved, and counsel that error be made on the side of compassion for those seeking to make marriages after divorce.
We affirm an openness to all of the gifts of the Holy Spirit, including the so-called "Charismata," but finding it unscriptural to require that anyone exercise any particular Charism to be considered a full, believing member of this body. (I Corinthians 12:21) Those who exercise the Charismata are welcome and encouraged to exercise their gifts to the edification of the Church in an orderly, Biblical manner, subject to the godly discipline of the Pastor of the Parish to which they have allegiance.
We believe in an intermediate state wherein, after death, those who do not die in a state of grace but are destined for salvation, will be purged of the last stains of sin. We deny that this intermediate state is a place of torture and fear, but affirm that any pains endured in this state are gladly embraced, as they are the pains of releasing our earthly bondage and conforming to the Will of God in all things.
We believe that there is a possibility that some will reject grace, no matter how often it is offered, and these people freely choose to remain in a state of separation from God. This state of spirit we call "Hell." It is a freely chosen state of the damned to be damned. It is not the will of the Father that any be lost.
We believe that humans are truly endowed with free-will and can freely choose Life in Christ Jesus or death through the rejection of grace.
We believe that the Holy Scriptures are inerrant on all matters of faith and morals.
We believe that people are justified by faith, which is demonstrated in good works and obedient practice. Both faith and works are necessary to the living of a Christian life.
We believe that there is a "cloud of witnesses," the Saints, whom we may ask to pray for us as one would ask any other member of the Church. It is an idolatrous practice, however, to ask Saints to give us any material or physical blessing of their own. For, while the prayer of the righteous is very effective (James 5:16), yet every good thing comes from the Father (James 1:17).
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We believe that the "Sacrifice of the Mass" is a "making present" of Jesus One Sacrifice, once offered, forever. Jesus Sacrifice is made present on the altar, and, as such, the Mass may be spoken of as a Sacrifice. Therefore, it is appropriate that Masses be offered for the living and the dead, making present to the Church now the One Sacrifice once offered, and making very present the benefits of Christs Holy Sacrifice to the benefit of those present at the offering.
We believe that Mary, mother of Jesus, was truly the Theotokos, or bearer of the Incarnation of the Second Person of the Trinity. When Mary is called "Mother of God" we truly honor her who gave everything of herself to secure our Salvation. However, the Theotokos is called "Mother of God" in the sense that she bore Jesus, who was and is the Incarnation of the Son, not in the sense that she generated, in any way, the Godhead.
We believe that the prayers of the Blessed Virgin are effective because of her great and unique faith, and because she has a relationship which is unique with God from having been the bearer of the Son. The relationship, which exists between Jesus and His mother, is the same relationship Jesus wants to have with all believers. Mary is unique because of her great faith, and it is this which gives special power to her prayers, and her maternal relationship with the Lord.
We believe that all Bishops who have valid orders and remain in the orthodox faith, are successors of the Apostles, and, while we accord to the Bishop of Rome great respect, and primacy of position, we see him as first among equals, however completely reject the Papal Claims of Universal Jurisdiction and Infallibility.
We believe that faithful Christian Marriage between a male and a female, free of impediments, is the only legitimate state for sexual expression between individuals.
We believe that whatsoever is not repugnant to the Catholic Faith, but which aids in belief and devotion, may be believed as pious opinion, but may not be taught as doctrine of the Church.
We affirm that the Eucharist is the principal service of the Church; that its celebration is commanded by the Lord, and that it shall be the regularly celebrated Sunday Worship whenever possible. The Catholic Apostolic National Church Revised February AD 2010 Page 64 of 81
Acknowledgement and Signature
I, ___________________________________, having read the Statement of Faith and the Code of Canon Law of the Catholic Apostolic National Church, do hereby state and acknowledge that I understand, consent to, and agree to be bound by, all of the provisions, professions, and theological tenets stated herein. In oath and affirmation, I bind myself, with the help, guidance and blessing of Almighty God, to support, defend, and abide by the Statement of Faith and the Code of Canon Law, of the Catholic Apostolic National Church. I will always place the needs of the Church first, and will follow the directions of the Constitution, the Canon Law of this Church, the theological standards of the Statement of Faith, and properly will care for the Church members and property placed in my control.
I, ________________________________, having first duly sworn and deposed the above individual under oath, set my seal upon this document. My commission end on:_________________ , 200___
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St. Example Catholic Apostolic National Church EXAMPLE BYLAWS Article I - Offices SECTION 1. PRINCIPAL OFFICE The principal office of the corporation (also referred to herein as Parish) shall be the principal worship location of the corporation, and shall be located in the 123 Main Street, Town, County, in the State of. SECTION 2. CHANGE OF ADDRESS The designation of the county or state of the corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws: ____________________ Dated: ________, 19__ ____________________ Dated: ________, 19__ ____________________ Dated: ________, 19__ SECTION 3. OTHER OFFICES The corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the board of directors may, from time to time, designate. The Catholic Apostolic National Church Revised February AD 2010 Page 66 of 81
Article II - Nonprofit Purposes SECTION 1. IRC SECTION 501(C)(3) PURPOSES This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. SECTION 2. SPECIFIC OBJECTIVES AND PURPOSES The specific objectives and purposes of this corporation shall be: To carry on any and all such business and religious activities that may be legally carried on by a religious church organization. Specifically; To promulgate the religious beliefs espoused by The Catholic Apostolic National Church, Inc., an Illinois Non-Profit Corporation, (hereinafter also sometimes referred to as the National Church Body) to raise funds, to build church buildings and other properties for religious purposes, to educate, train and ordain ministers, to operate a parish, monasteries, convents, congregations, seminaries, schools, and missions as determined by the duly appointed and validly consecrated Bishop of the Diocese, under The Patriarch of The Catholic Apostolic National Church and his successors, a Corporation Sole, specifically His Eminence, the Most Reverend Robert Matthew Gubala, SCR, Patriarch of The Catholic Apostolic National Church, Inc., and his successors in office, as an authorized and chartered subordinate religious church organization of The Catholic Apostolic National Church, Inc. In addition; this religious church organization shall operate so as to be considered for approval for the IRS 501 (c)(3) recognition as a tax-exempt organization, based upon its operation as a religious church organization. This parish is to operate so as to be qualified to be added to an IRS group exemption under the National Church Body. This corporation is established as an authorized and chartered subordinate religious organization (Parish) of The Catholic Apostolic National Church, Inc. otherwise known as The Catholic Apostolic National Church, and of the Diocese of Chicago; and this corporation, its Pastor, clergy and Board of Directors shall at all times adhere to and observe the doctrine, worship and discipline of the same, as set forth in its creeds, articles, liturgy, constitution and canons. This corporation shall at all times be subject to the spiritual jurisdiction and authority of the respective Bishop of the particular Diocese, of The Catholic Apostolic National Church, Inc.
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Article III - Directors SECTION 1. NUMBER The corporation shall have three or more directors and collectively they shall be known as the Board of Directors. SECTION 2. QUALIFICATIONS Directors shall be of the age of majority in this state. Other qualifications for directors of this corporation shall be as follows: (a) One of the directors of this corporation must be the Bishop of the Diocese, who may appoint a representative as proxy. (b) One or more of the directors of this corporation may be a member of the local business community, as a disinterested party, to give objective business counsel to this corporation. (c) The Ordinary (Bishop) of the Diocese is always the Chairman of the Board of Directors, without exception. (d) The Pastor of the Parish is always the Vice Chairman of the Board of Directors. (e) Any Bishop of this Church having, at least, suffrage episcopal authority in the Diocese, is eligible for membership as a Director, with the approval of the Bishop of the Diocese. (f) Any Communicant Member in Good Standing may be made a member of the Board of Directors, and be a Director, first having been approved as such by a vote of the full Board of Directors, and having no less than 75% of the vote in favor of directorship, provided that the individuals membership be subject to final approval of the Pastor of this Parish. (g) With respect to the above subparts (e) through (g) of this section, nothing shall be construed to infer that the individuals in these subparts may assume the role and/or duties of a Director without the express written approval and consent of the Ordinary (Bishop) of the Diocese.
SECTION 3. POWERS Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. The Catholic Apostolic National Church Revised February AD 2010 Page 68 of 81
SECTION 4. DUTIES It shall be the duty of the directors to: (a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws; (b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation; (c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. SECTION 5. TERM OF OFFICE Each director, except the Ordinary of the Diocese and the Pastor of the Parish, shall be appointed and shall serve at the pleasure and call of the Ordinary of the Diocese. Both the Ordinary of the Diocese and the Pastor of the Parish serve as directors concurrently, with their positions as Ordinary and Pastor respectively. SECTION 6. COMPENSATION Directors shall serve without compensation except that a reasonable fee may be paid to directors for attending regular and special meetings of the board. In addition, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties. SECTION 7. PLACE OF MEETINGS Meetings shall be held at the principal office of the corporation unless otherwise provided by the board or at such other place as may be designated from time to time by resolution of the Board of Directors. SECTION 8. ANNUAL MEETINGS Annual meetings of Directors shall be held on August 1st at 2:00 PM, unless such day falls on a legal holiday, in which event the annual meeting shall be held at the same hour and place on the next business day. If this corporation makes no provision for members, then, at the annual meeting of directors held on August 1st, directors shall be elected by the Board of Directors. Voting for the election of directors shall be by written ballot. Each director shall cast one vote per candidate, and may vote The Catholic Apostolic National Church Revised February AD 2010 Page 69 of 81
for as many candidates as the number of candidates to be elected to the board. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected to serve on the board. Regular meetings of the Directors may occur on a regular monthly schedule, with the Pastor of the Parish presiding over the monthly meetings, unless the Ordinary of the Diocese is present, or represented by representative or proxy. SECTION 9. SPECIAL MEETINGS Special meetings of the Board of Directors may be called by the President, the Vice President, the Secretary, by any three directors, or, if different, by the persons specifically authorized under the laws of this state to call special meetings of the board. Such meetings shall be held at the principal office of the corporation or, if different, at the place designated by the person or persons calling the special meeting. SECTION 10. NOTICE OF MEETINGS Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the board of directors: (a) Regular Meetings. No notice need be given of any regular meeting of the board of directors. (b) Special Meetings. At least one week prior notice shall be given by the Secretary of the corporation to each director of each special meeting of the board. Such notice may be oral or written, may be given personally, by first class mail, by telephone, or by facsimile machine, and shall state the place, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification, the director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message or telephone call within twenty four hours of the first facsimile transmission. (c) Waiver of Notice. Whenever any notice of a meeting is required to be given to any director of this corporation under provisions of the Articles of Incorporation, these Bylaws, or the law of this state, a waiver of notice in writing signed by the director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice. SECTION 11. QUORUM FOR MEETINGS A quorum shall consist of 3/4th of the members of the Board of Directors. Except as otherwise provided under the Articles of Incorporation, these Bylaws, or provisions of the Churchs Code of Canon Law, no business shall be considered by the board at any meeting at which the required quorum is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn.
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SECTION 12. MAJORITY ACTION AS BOARD ACTION Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation, these Bylaws, or provisions of law require a greater percentage or different voting rules for approval of a matter by the board. SECTION 13. CONDUCT OF MEETINGS Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed by Roberts Rules of Order (modified), insofar as such rules are not inconsistent with or in conflict with the Articles of Incorporation, these Bylaws, or with provisions of law. SECTION 14. VACANCIES Vacancies on the Board of Directors shall exist (1) on the death, resignation or removal of any director, and (2) whenever the number of authorized directors is increased. Any director may resign effective upon giving written notice to the President, the Secretary, or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Notwithstanding this section, the Ordinary (Bishop) of the Diocese may not be removed from the office of director, except by the Archbishop-Metropolitan of the Catholic Apostolic National Church, in accordance with church (National Church Body) canon law and constitutions. Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the board may be filled by approval of the board of directors. If the number of directors then in office is less than a quorum, a vacancy on the board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office.
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SECTION 15. NONLIABILITY OF DIRECTORS The directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. SECTION 16. INDEMNIFICATION BY CORPORATION OF DIRECTORS AND OFFICERS The directors and officers of the corporation shall, at all times, be indemnified by the corporation to the fullest extent permissible under the laws of this state. SECTION 17. INSURANCE FOR CORPORATE AGENTS Except as may be otherwise provided under provisions of law, the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law.
Article IV - Officers SECTION 1. DESIGNATION OF OFFICERS The officers of the corporation shall be a President, a Vice President, a Secretary, and a Treasurer. The corporation may also have one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers, and other such officers with such titles as may be determined from time to time by the Board of Directors. SECTION 2. QUALIFICATIONS Any person specified within Article 3, Section 2, of these Bylaws may serve as officer of this corporation. SECTION 3. ELECTION AND TERM OF OFFICE Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. SECTION 4. REMOVAL AND RESIGNATION Any officer, except the President or Vice President, may be removed, either with or without cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified The Catholic Apostolic National Church Revised February AD 2010 Page 72 of 81
therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. SECTION 5. VACANCIES Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the board may or may not be filled as the board shall determine. SECTION 6. DUTIES OF PRESIDENT The President (Ordinary of the Diocese) shall be the chief executive officer of the corporation (Parish) and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. He shall perform all duties incident to his office and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Directors. Unless another person is specifically appointed as Chairperson of the Board of Directors, the President shall preside at all meetings of the Board of Directors and, if this corporation has members, at all meetings of the members. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. SECTION 7. DUTIES OF VICE PRESIDENT In the absence of the President, or in the event of his inability or refusal to act, the Vice President (Pastor of the Parish) shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors. SECTION 8. DUTIES OF SECRETARY The Secretary shall: Certify and keep at the principal office of the corporation (Parish) the original, or a copy, of these Bylaws as amended or otherwise altered to date. Keep at the principal office of the corporation or at such other place as the board may determine, a book of minutes of all meetings of the directors, and, if applicable, meetings of committees of directors and of members, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. The Catholic Apostolic National Church Revised February AD 2010 Page 73 of 81
See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law. Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of the corporation. Keep at the principal office of the corporation a membership book (Parish Register) containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book (Parish Register) together with the date on which such membership ceased. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefore, the Bylaws, the membership book (Parish Register), and the minutes of the proceedings of the directors of the corporation. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. SECTION 9. DUTIES OF TREASURER The Treasurer shall: Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors. Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever. Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements. Keep and maintain adequate and correct accounts of the corporation's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. Exhibit at all reasonable times the books of account and financial records to any director of the corporation, or to his or her agent or attorney, on request therefor. Render to the President and directors, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation. Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports. In general, perform all duties incident to the office of Treasurer and such other duties as may be required by law, by the Articles of Incorporation of the corporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors. The Catholic Apostolic National Church Revised February AD 2010 Page 74 of 81
SECTION 10. COMPENSATION The salaries of the officers, if any, shall be fixed from time to time by resolution of the Board of Directors. In all cases, any salaries received by officers of this corporation shall be reasonable and given in return for services actually rendered to or for the corporation. Article V - Committees SECTION 1. EXECUTIVE COMMITTEE The Board of Directors may, by a majority vote of its members, designate an Executive Committee consisting of three board members and may delegate to such committee the powers and authority of the board in the management of the business and affairs of the corporation, to the extent permitted, and except as may otherwise be provided, by provisions of law. By a majority vote of its members, the board may at any time revoke or modify any or all of the Executive Committee authority so delegated, increase or decrease but not below two (2) the number of the members of the Executive Committee, and fill vacancies on the Executive Committee from the members of the board. The Executive Committee shall keep regular minutes of its proceedings, cause them to be filed with the corporate records, and report the same to the board from time to time as the board may require. SECTION 2. OTHER COMMITTEES The corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also members of the board and shall act in an advisory capacity to the board. The corporation shall be subject to committees of the National Church Body, specifically authorized to have jurisdiction over parishes, in their respective areas. SECTION 3. MEETINGS AND ACTION OF COMMITTEES Meetings and action of committees shall be governed by, noticed, held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of Directors, with such changes in the context of such Bylaw provisions as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for regular and special meetings of committees may be fixed by resolution of the Board of Directors or by the committee. The Board of Directors may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules and regulations are not inconsistent with the provisions of these Bylaws. The Catholic Apostolic National Church Revised February AD 2010 Page 75 of 81
Article VI - Execution of Instruments, Deposits and Funds SECTION 1. EXECUTION OF INSTRUMENTS The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. SECTION 2. CHECKS AND NOTES Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the corporation shall be signed by the Treasurer and countersigned by the President of the corporation. SECTION 3. DEPOSITS All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. SECTION 4. GIFTS The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest, or devise for the nonprofit purposes of this corporation. No ordained clergy, nor other class of member, nor any director shall have any claim to any property, money or other valuable consideration given by any individual, company, church or entity, as donation, gift, endowment or grant, to this corporation (Parish), upon termination of said persons membership and membership rights of this corporation. Any and all gifts donated to this corporation (Parish) by any person, business, corporation or other entity, whether a member or not, shall be the property of this corporation, held in trust for this corporation by The Catholic Apostolic National Church, Inc. (National Church Body) through the Ordinary of the Diocese having jurisdiction over this corporation (parish).
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Article VII - Corporate Records, Reports and Seal SECTION 1. MAINTENANCE OF CORPORATE RECORDS The corporation shall keep at its principal office: (a) Minutes of all meetings of directors, committees of the board and, if this corporation has members, of all meetings of members, indicating the time and place of holding such meetings, whether regular or special, how called, the notice given, and the names of those present and the proceedings thereof; (b) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses; (c) A record of its members, if any, indicating their names and addresses and, if applicable, the class of membership held by each member and the termination date of any membership; (d) A copy of the corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the corporation at all reasonable times during office hours. SECTION 2. CORPORATE SEAL The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument. SECTION 3. DIRECTORS' INSPECTION RIGHTS Every director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the corporation and shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws, and provisions of law. SECTION 4. MEMBERS' INSPECTION RIGHTS If this corporation has any members, then each and every member shall have the following inspection rights, for a purpose reasonably related to such person's interest as a member: (a) To inspect and copy the record of all members' names, addresses and voting rights, at reasonable times, upon written demand on the Secretary of the corporation, which demand shall state the purpose for which the inspection rights are requested. (b) To obtain from the Secretary of the corporation, upon written demand on, and payment of a reasonable charge to, the Secretary of the corporation, a list of the names, addresses and The Catholic Apostolic National Church Revised February AD 2010 Page 77 of 81
voting rights of those members entitled to vote for the election of directors as of the most recent record date for which the list has been compiled or as of the date specified by the member subsequent to the date of demand. The demand shall state the purpose for which the list is requested. The membership list shall be made within a reasonable time after the demand is received by the Secretary of the corporation or after the date specified therein as of which the list is to be compiled. (c) To inspect at any reasonable time the books, records, or minutes of proceedings of the members or of the board or committees of the board, upon written demand on the Secretary of the corporation by the member, for a purpose reasonably related to such person's interests as a member. Members shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws, and provisions of law. SECTION 4b. MEMBERS' RIGHTS SUBSECTION 1. Classification of Members. a. Members. 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 Spirit, whether in The Catholic Apostolic National Church or in another Christian Church, and whose Baptisms have been duly recorded in the Register of the corporation, are Members of the corporation. b. Adult Members. Members sixteen years of age and over are to be considered Adult Members. c. Confirmed Members. Any Member who has received the laying on of hands by a Bishop of The Catholic Apostolic National Church at Confirmation or Reception is to be considered as both baptized and confirmed; and any Member who received the laying on of hands at Confirmation (by any Bishop in apostolic succession) and is received into The Catholic Apostolic National Church by a Bishop of the Catholic Apostolic National Church is to be considered as both baptized and confirmed. d. Communicant Members. All Members who have received Holy Communion in the Church at least three times during the preceding year are to be considered Communicant Members of The Catholic Apostolic National Church. e. Communicant Members in Good Standing. All Adult Members who are also Communicant Members and who, for the previous year, have been faithful in corporate worship, unless for good cause prevented, and have been faithful in working, praying, and giving for the spread of the Kingdom of God, and who contribute to the operating budget of the Religious Corporation, are to be considered Communicant Members in Good Standing. f. Ordained Clergy. All duly ordained, authorized and incardinated deacons, priests and bishops assigned to pastoral duties at this corporation (Parish), by the Ordinary (Bishop) of the Diocese and/or the Archbishop-Metropolitan, either in person or by a duly authorized representative. The Catholic Apostolic National Church Revised February AD 2010 Page 78 of 81
SUBSECTION 2. Transferal of Membership. a. Except as may otherwise be provided in the Canons of the Catholic Apostolic National Church and of the Diocese, a member of any other Parish of this Church, or any other Christian Church, leaving the congregation in which that person's membership is recorded, and desiring to become a Member in this Parish shall procure a certificate of membership indicating that that person is recorded as a member (or adult member) of the other Parish of The Catholic Apostolic National Church, or other Christian Church and whether or not such a member: (i) is a communicant in such church; (ii) is recorded as being in good standing in such church; and, (iii) has been confirmed or received by a Bishop in communion with The Catholic Apostolic National Church. b. The President or Secretary to which such certificate is surrendered shall record in the Parish Register of the corporation the information contained on the presented certificate of membership. If a member of another Diocese of this Church, not having such a certificate, desires to become a Member, that person shall be directed by the President or Secretary to procure a certificate from the former congregation, although on failure to produce such a certificate through no fault of the person applying, appropriate entry may be made in the Parish Register upon the evidence of membership status sufficient in the judgment of the President or Secretary. c. Any communicant of any Christian Church in communion with The Catholic Apostolic National Church shall be entitled to the benefit of this section so far as the same can be made applicable. SECTION 5. RIGHT TO COPY AND MAKE EXTRACTS Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts. SECTION 6. PERIODIC REPORT The board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members, if any, of this corporation, to be so prepared and delivered within the time limits set by law.
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Article VIII- IRC 501(c)(3) Tax Exemption Provisions SECTION 1. LIMITATIONS ON ACTIVITIES No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation [except as otherwise provided by Section 501(h) of the Internal Revenue Code], and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code. SECTION 2. PROHIBITION AGAINST PRIVATE INUREMENT No part of the net earnings of this corporation shall inure to the benefit of, or be distributable to, its members, directors or trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. SECTION 3. DISTRIBUTION OF ASSETS Upon the dissolution of this corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 510(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. SECTION 4. PRIVATE FOUNDATION REQUIREMENTS AND RESTRICTIONS In any taxable year in which this corporation is a private foundation as described in Section 509(a) of the Internal Revenue Code, the corporation: 1) shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942 of the Internal Revenue Code; 2) shall not engage in any act of self-dealing as defined in Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code; 4) shall not make any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code. The Catholic Apostolic National Church Revised February AD 2010 Page 80 of 81
Article IX - Amendment of Bylaws SECTION 1. AMENDMENT Subject to the canon law, constitutions and bylaws of the Catholic Apostolic National Church, Inc., no director nor incorporator, nor any successor in office, may amend or repeal the Bylaws of this corporation and except as may otherwise be specified under provisions of law, none of these Bylaws may be altered, amended, or repealed and new Bylaws adopted by approval of the Board of Directors.
Article X - Construction and Terms If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining sentences, sections, paragraphs, provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, Organizational Charter, Corporate Charter, or other founding document of this corporation filed with the Secretary of State, and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code.
The Catholic Apostolic National Church Revised February AD 2010 Page 81 of 81
Adoption of Bylaws We, the undersigned, are all of the initial directors or incorporators of this corporation, and we consent to, and hereby do, adopt, both for us and our successors in office, the foregoing Bylaws, consisting of seventeen preceding pages, as the complete, permanent and unalterable Bylaws of this corporation. Dated: ______________________________