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The
Canon Law
of the
Charismatic Episcopal Church
in the
United States of America
Adopted by
The Primate’s Council
in consultation with
The House of Bishops
October 22, 1999
Canon One:
On Holy Matrimony
Marriage and Holy Matrimony
A.
The Covenant of
Marriage
1.
The bond and covenant of
marriage was established by God in creation. The marriage covenant,
by which a man and a woman establish a union for the whole of life,
is by its nature ordered toward the good of the spouses and the
procreation and nurturing of children according to God’s will.
2.
A marriage covenant is
any marriage validly contracted, regardless of variations of
culture, religion or civil law.
B.
The Sacrament of
Holy Matrimony
1.
The covenant of marriage
between two baptized persons has been raised by Christ the Lord to
the dignity of a Sacrament.
2.
The Sacrament of Holy
Matrimony is a marriage officiated by a Priest in apostolic
succession and solemnized by the nuptial blessing.
3.
A previously contracted
marriage covenant may be raised to sacramental status by the nuptial
blessing of a Priest in apostolic succession.
The Solemnization of Holy
Matrimony
A.
A marriage may be
solemnized only by a Priest.
B.
A Priest of this
Church may solemnize any marriage when the following conditions are
complied with and when he prayerfully believes the marriage to be
the will of God. No Minister of this Church is required to perform
marriages, but rather does so by privilege and at the direction of
the Lord Jesus Christ.
1.
He shall have
ascertained that both parties have received Holy Baptism.
2.
Every Minister of this
Church shall conform to this Canon. He shall also conform to the
laws of the State and/or County governing the creation of the civil
status of marriage, provided such laws do not conflict with Holy
Scripture or the Canon Laws of this Church. In the event of such a
conflict, the Minister shall consult with his Bishop to seek a godly
solution to the conflict. Scripture and Canon Law must take
precedence over the civil authorities.
3.
He shall have
ascertained the right of the parties to contract a marriage
according to the laws of the State and/or County in which such
marriage is to take place.
4.
He shall have
ascertained that both parties understand Holy Matrimony is a
spiritual and physical union between a man and a woman, entered into
within the Christian Community of faith by mutual consent of heart,
mind, and will, with the full intent that the union will be
lifelong.
5.
He shall have
ascertained that both parties freely and knowingly consent to such
marriage without fraud, coercion, or mistake as to identity of
partner.
6.
He shall also ascertain
that there are no other impediments to the marriage such as
unresolved prior marital commitments, consanguinity, or unrepentant
immoral premarital cohabitation that would bring about a reproach
upon the Sacrament of the Church.
7.
He shall have instructed
both parties as to the nature, meaning, and purpose of a Holy
Christian Marriage, or have ascertained that they have both received
such instruction from persons known by him to be competent and
responsible.
C.
Priests who
solemnize any marriage must comply with the following procedures:
1.
The intention of the
parties to contract marriage shall have been signified to the Priest
at least ninety days before the service of solemnization. For
weighty cause, the Priest may deem it necessary to dispense with
this requirement. In such case, he must secure prior permission from
his Bishop.
2.
There shall be at least
two witnesses present in addition to the Priest at the solemnization
of the marriage.
3.
The Priest shall require
prior to the solemnization of the marriage that both parties sign
the following declaration of intention.
In the Name of the Father, and
of the Son, and of the Holy Spirit. Amen.
Declaration of Intention
We, N.N. and N.N., desiring to
receive the Sacrament 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 liturgical forms authorized by this
Church.
We believe it is for the
purpose of mutual fellowship, encouragement, and understanding, for
the procreation of children (according to God’s will), and their
spiritual and physical nurture, 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
God’s help thereto.
Signature of the Groom
Signature of the Bride (Maiden
Name)
Signature of Priest
Date
4.
The service shall
proceed using one of the authorized liturgies of the Church. The
service shall take place in the church unless permission is received
by the Bishop.
5.
The Priest shall record
the date and place of the marriage, the names of the parties and
their parents, the birth dates of the parties, their residence, and
their church status (baptized/confirmed) in the proper register of
the parish or mission. The couple, the witnesses, and the Priest
shall sign the register.
Regulations Regarding the
Marriage Covenant
A.
The Church has
received from Christ the ministry of reconciliation. When marital
unity is imperiled it is the responsibility of the Church to assist
the couple in working toward reconciliation. Therefore it shall be
the duty of either or both parties, before initiating legal action,
to present the matter to a Priest of the Church.
B.
Since marriage is
intended by God, His Church, and the contracting parties to be a
Sacrament and of lifelong duration, when a marriage is dissolved by
a civil authority, the Church may or may not from an ecclesiastical
standpoint recognize the judgment of that civil authority. Marriage
is both an ecclesiastical and a civil matter. In the eyes of the
Church, the government of God must always take precedence over the
government of man when the two stand in conflict.
C.
The determination of
the Nullity of a Marriage Covenant
1.
The Diocesan Bishop may
determine a marriage to be considered nullus ab initio,
declaring that a valid marriage did not exist, upon condition of
fraud, coercion, mistake as to the identity of a partner, prior
marital commitments, consanguinity, lack of intention,
non-consummation, mental impairment, or misrepresentation.
2.
If one or both parties
believe their marriage may not be valid, application for an
annulment may be made to the Diocesan Bishop through the Parish
Priest.
3.
If the Diocesan Bishop
deems the application to merit further investigation he shall
forward a copy to the Provincial Tribunal, comprised of members
appointed by the Provincial Archbishop who hold proficiency in canon
law, civil law and other matters related to annulment.
4.
The Provincial Tribunal,
in consultation with the Archbishop, shall make a recommendation to
the Diocesan Bishop concerning the nullity of the marriage covenant.
5.
Upon receiving the
recommendation from the Provincial Tribunal, the Diocesan Bishop may
issue a writ of annulment.
D.
The Recognition of
an Irrevocably Broken Marriage Covenant
1.
The Church through its
Bishops recognizes a marriage covenant as irrevocably broken upon
the remarriage of one of the parties.
2.
The Diocesan Bishop may
recognize a marriage covenant as irrevocably broken when a marriage
partner commits a sin which is a crime against the marriage covenant
and remains unrepentant. The marriage covenant may be broken by sins
defined in Holy Scripture such as capital offenses, including
murder, idolatry, adultery, homosexuality and witchcraft.
3.
The same process shall
be used in determining an irrevocably broken covenant as is used in
determining the nullity of a marriage.
E.
Application for
Remarriage
1.
The Priest shall
ascertain that a final civil decree has been in effect for at least
one year.
2.
Before the solemnization
of Holy Matrimony in such a case, the Priest shall have received the
writ of annulment or the writ of an irrevocably broken marriage.
3.
The Priest shall secure
written permission from the Bishop to solemnize the marriage.
4.
If the proposed marriage
is to be solemnized in a jurisdiction other than the one in which
the consent has been given, the consent shall be affirmed in writing
by the Bishop of that jurisdiction.
Every judgment rendered under this
section must be in writing and shall be made a matter of permanent
record in the Archives of the Diocese.
Canon Two:
The Archdiocese of the Armed Forces
Appointment
and Jurisdiction
A.
The Primate with the advice of the Primate’s Council shall have the
authority to elect or appoint an Archbishop for the Archdiocese of
the Armed Forces.
B.
The Archbishop for the Armed Forces, under the direction of the
Primate, shall provide oversight and pastoral care through chaplains
for all service personnel, serving on active duty in the Army (Army
Reserve, National Guard, State Defense Forces), Navy (Navy Reserve),
Air Force (Air Force Reserve, Air National Guard, CAP USAF
Auxiliary), Marine Corps (USMC Reserve), Coast Guard (Coast Guard
Reserve), Veterans Affairs Medical Centers and Federal Correctional
Institutions.
C.
The Office of the Archbishop for the Armed Forces, under the
direction of the Primate, shall be the Ecclesiastical Endorsing
Agency for the ICCEC in the United States of America and its
territories for the above mentioned branches of the Armed Forces and
Federal Institutions.
D.
The Archbishop for the Armed Forces shall have authority to appoint
Canons to represent him and his Office in the various branches of
Armed Forces, Veterans Affairs and Federal Correctional
Institutions.
E.
Any Bishop of this Church desiring to visit an active duty or
reserve chaplain serving on active duty shall coordinate said visit
with the Office of the Archbishop for the Armed Forces.
Chaplains
A.
Any Priest of the Church desiring to serve on active duty or reserve
status as a Chaplain in the Armed Forces or their components, or as
a chaplain for the Veterans Affairs Medical Centers or Federal
Correctional Institutions, with the approval of the Bishop of the
Diocese in which he is canonically resident, and if he meets the
requirements of the branch or institution, may be given
ecclesiastical endorsement for such service by the Office of the
Archbishop for the Armed Forces.
B.
Priests serving on active duty with the Armed Forces or serving at a
Federal Institution shall retain canonical residence in a Diocese of
this Church, and shall be under the ecclesiastical supervision of
the Bishop of said Diocese, even though his work as a Chaplain shall
be under the general and ecclesiastical supervision of the Office of
the Archbishop for the Armed Forces.
1.
Any Priest serving on active duty or at a Federal Institution or
Facility shall endeavor to participate insofar as possible in the
life of his canonical residence including convocations and clergy
retreats.
2.
Priests serving on active duty outside their canonical residence
shall contact the Ordinary of the Diocese where his duty station is
located, making him aware of his presence, and shall participate so
far as is possible in the life of that Diocese.
C.
Active military Chaplains desiring to serve in any capacity in a
local CEC congregation must receive permission from the local
Ordinary. Such service is under the jurisdiction of said Ordinary.
D.
Tithe
1. A
Priest serving actively as a Chaplain shall tithe to the Office of
the Archbishop for the Armed Forces from all monies received for
services rendered as a Chaplain for the Armed Forces and/or Federal
Institutions.
2.
Service Personnel not serving as Chaplains but who are members of
the CEC shall tithe to the Office of the Archbishop for the Armed
Forces unless they are active resident members of a local CEC
congregation.
3.
The Office of the Archbishop for the Armed Forces shall tithe to the
Office of the Primate of the United States.
Requirements
for Candidates
A.
Chaplain Candidate Program
A full time seminary student requiring ecclesiastical approval for
the Chaplain Candidate Program must have the approval and
recommendation of the Ordinary for his home Diocese, have an earned
Bachelor’s Degree from an accredited institution, and meet the age
and physical requirements for the branch of the military he desires
to join.
B.
Military, Veterans Affairs or Federal Correctional Institution
Chaplains
1. A
Priest desiring to serve on active duty or reserve status as a
Chaplain in the Armed Forces and its components or the Veterans
Affairs Medical Centers or Federal Correctional Institutions must be
canonically resident and in good standing within a Diocese of this
Church and have written approval of the Ordinary of said Diocese in
consultation with the Bishop’s Council before he can seek
ecclesiastical endorsement from the Office of the Archbishop of the
Armed Forces.
2.
The Priest must meet the age, physical and educational requirements
for chaplaincy in the Armed Forces, Veterans Affairs Medical Centers
or Federal Correctional Institutions.
3.
In addition to seeking endorsement by the Office of the Archbishop
for the Armed Forces, the candidate must also make application to
the appropriate branch that he seeks to serve.
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