The Canons
TITLE ONE—CHURCH ORGANIZATION
Canon 04-01-13 Church Name
Section 1.p.a. The name of this Church is the Byzantine Catholic Church.
Section 2.p.a. This Church is part of the One, Holy, Catholic and Apostolic Church.
Canon 04-02-13 Church Leadership
Section 1.p.a. First above all is the Most Holy Undivided Trinity, God Almighty.
Section 2.p.a. The Patriarch is vested with full legislative, judicial and disciplinary authority for the Order of the Church. It is customary for the Patriarch to defer to the deliberative body of Metropolitans in some cases and to the Seven Councils in doctrinal matters. In no way should the Patriarch be construed as possessing any sort of “infallibility”.
Canon 04-03-13 Church Offices
Section 1.p.a
1. The Patriarch
2. The Apostolic Chancellor
3. The Metropolitans
4. The Vicars General
5. The Ordinaries
6. The Monsignori
7. The Pastors
8. The Abbots/Abbesses
9. The Brothers
10. The Sisters
Canon 04-04-13
Ecclesiastical Dignities (Forms of Proper Address)
The Patriarch: His Holiness, His Beatitude. Your Holiness, Your Beatitude. Etc.
The Apostolic Chancellor: The Metropolitans: His/Her Eminence, Your Eminence. Etc.
The Vicars General: Your Eminence, His/Her Eminence, Etc.
The Ordinaries: Your Grace, His/Her Grace, The Most Reverend, Etc.
The Monsignori: Monsignor, The Right Reverend, Etc.
The Pastors: Father, Mother, Pastor, Etc.
Abbots and Abbesses are Reverend Father or Mother, Brothers and Sisters are Reverend Brothers and Sisters, Etc. Always address with courtesy and you’ll never be wrong.
Canon 04-05-13—The Patriarch
Section 1-p.a. As per the Nicene Council A.D. 325 [Canon XXXIX]: “Patriarch” means the Father of the Fathers. The Patriarch retains in his person full legislative, judicial and executive authority over the Church in all her entities.
Section 1-p.b. The term of office for the Patriarch is for his natural lifetime. The Patriarch may opt to retire to the title and privileges of Emeritus Patriarch and will take no part in the selection of a successor.
Section 1-p.c. The Patriarch must give approval to the selection and Consecration of all Bishops and the appointments of all Metropolitans.
Section 1-p.d. The Patriarch is not to be declared or understood to be “infallible” in any manner, though his pronouncements settle all disputes.
Section 1-p.e. The Patriarch may generate policy by issuing a “Ukase” or “Motu Proprio”.
Section 1-p.f. Refer to the Motu Proprio “On the Election of the Patriarch” for the rules on the Succession to the Throne.
Canon 04-06-13—The Apostolic Chancellor
Section 1-p.a. The Apostolic Chancellor is appointed by the Patriarch and functions much like a Secretary of State. This individual is also de facto the Dean of the Council of Metropolitans.
Section 1-p.b. The duties are flexible, and the Chancellor is the Patriarch’s personal representative.
Canon 04-07-13--The Metropolitans
Section 1-p.a. The Metropolitans are appointed by the Patriarch.
Section 1-p.b. Each nation in which the Byzantine Catholic Church has a presence has a Metropolitan General, who exercises limited authority over all the ecclesiastical entities in that nation in the name of the Patriarch.
Section 2-p.a. The collective body of membership, the Council of Metropolitans, has the sole authority and right to elect the Patriarch. Refer to the Motu Proprio “On the Election of the Patriarch”.
Canon 04-08-13—The Vicars General
Section 1-p.a. Each Religious Order within the Byzantine Catholic Church is governed by a Vicar General.
Section 2-p.a. The Vicars General are elected by the membership of their Orders, subject to ratification by the Patriarch.
Canon 04-09-13—The Ordinaries
Section 1-p.a. The Ordinary of the Diocese has absolute authority within the bounds of Canon Law.
Section 2-p.a. The Patriarch appoints the Ordinaries, who may be Bishops or Archbishops.
Section 2-p.b. Any Priest in good standing is eligible to be Consecrated into the Episcopacy.
Section 3-p.a. A Bishop or Archbishop may also be classified as Prelatus Nullius, who has no See or Diocese, but who serves in a capacity needing to speak with the authority of Episcopal Orders. In such cases, the individual will be assigned one of the extinct Sees in the areas of the world called “i.p.i.” [in partibus infidelibus]. We pass no moral judgement, we simply acknowledge a previously existing See.
Section 4-p.a. Consecration to the Episcopacy is a Sacrament of Major Orders which leaves an indelible mark on the soul of the recipient. Therefore although an individual may have his/her faculties suspended, s/he is a Bishop forever. The greatest discretion must be exercised when selecting among the very best of the Priests, that s/he may be a true Pastor.
Canon 04-10-13—The Monsignori
Section 1-p.a. The local Bishop may forward the name of any Priest deserving of special honors to the Patriarchate for consideration to be appointed to the rank of “Monsignor”. The granting of the title is the prerogative of the Patriarchate.
Canon 04-11-13—The Pastors
Section 1-p.a. Any Baptized Christian may apply for Holy Orders. Upon examination it will be determined exactly where along the path of education and Candidacy the individual is. Higher academic degrees aren’t mandatory though they are desirable.
Section 1-p.b. We have a full training program in place required for all Candidates to complete. Regular reports on the progress of each Candidate shall be forwarded for the files.
Section 2-p.a. A Pastor is the chief Priest of a local Parish (if there is more than one Priest in the Parish). Each Parish must have, at a minimum, the Priest as President, and a Secretary and Treasurer, collectively the Board of the Parish.
Section 2-p.b. This Board’s actions, votes and rulings are subject to the approval of the Priest assigned as Pastor.
Section 2-p.c. Priests may also serve in administrative capacities though the requirement of at least a weekly Mass and daily observance of the Breviary are still in force.
Canon 04-12-13—The Abbots/ Abbesses
Section 1-p.a. It is the sole prerogative of the Patriarchate to erect or suppress Religious Orders. When a new Religious Order is founded, the Patriarchate will develop a habit and Rule.
Section 2-p.a. A Religious Community may be either physical or spiritual; that is, the members may actually live in community or may each live their own lives while bonded purely spiritually.
Section 2-p.b. If all men, a Community is called a Monastery and is governed by a Priest called a Reverend Father. If all women, the Community is called a Convent and is governed by a Priest called a Reverend Mother. If the Community is comprised of both genders it is called an Abbey. The Superior may be an Abbot if male or an Abbess is female.
Section 2-p.c. In the case of very large Abbeys the Abbot/Abbess may be called “Mitered” and possess quasi-episcopal powers within the precincts of the Abbey such as receiving the Vows instead of the local Bishop, and ordaining into Minor Orders. Each case is individual and will be issued its own Letter of Faculties from the Patriarchate.
Section 3-p.a. Any Baptized, Chrismated Christian may apply to join a Religious Order. They work as a Postulant for the first six months. After this time, if the Religious House’s Superior and the Postulant feel that they have a good fit, the Postulant may take Temporary Vows for two years as a Novice. After the Novitiate if it still a good fit the individual takes Final Vows as a Brother or Sister.
Canon 04-13-13—Church Property
Section 1-p.a. Any Clergy of this Church may purchase or be given real property for religious uses. This property must be put into the name of the Byzantine Catholic Church the original copies of the warranty deed and/or title deed retained in the Patriarchal files. Purely private property and bequests are of course exempt from this Canon.
Section 2-p.a. If any Parish, Diocese, Religious House, or any other entity of this Church is lawfully disbanded, suppressed, or dissolved, or has its Charter revoked for any reason, then all legally acquired and/or accumulated property, funds, monies shall revert to the Byzantine Catholic Church; again excepting purely personal property.
Section 2-p.b. No Parish, Diocese, etc. [as above] shall be liquidated, and title to property shall not be transferred or sold without the express consent of the Patriarchate.
TITLE TWO—THE SACRAMENTS
Canon 04 14-13—Baptism
Section 1-p.a. All converts to this Church must show proof of Baptism having occurred in accordance with Matthew 28:19. Baptism may be granted ONLY to un-Baptized converts or those NOT Baptized with the proper forms.
Section 1-p.b. Children born into, or coming into this Church will be Baptized according our Rites.
Section 1-p.c. Only in cases of the gravest doubt will a Conditional Baptism be given in place of the supposed first one.
Section 2-p.a. For those in the Eastern Rite we offer Chrismation immediately following the Baptism.
Section 3-p.a. Baptism is the first Sacrament administered in a person’s life and may be administered by any Clergy of this Church or even by a layperson in instances of grave emergency or danger of death.
Canon 04-15-13—Confirmation/Chrismation/First Communion
Section 1-p.a. The Sacrament of Confirmation/Chrismation/First Communion is administered to properly Baptized persons. When a child in the Western Rite has reached the age of reason s/he shall begin formal instruction in the Faith and receive First Communion following First Confession.
Section 2-p.a. The Chrism used must be properly prepared and blessed by one of our Bishops and must carry the approval of the Patriarchate.
Section 3-p.a. In the Eastern Rite a Priest or Bishop may perform the Sacrament of Chrismation/Confirmation/First Communion. In the Western Rite only a Bishop may administer this Sacrament.
Canon 04-16-13—Matrimony
Section 1-p.a. Every Clergy of this Church must conform to the civil laws of the State or Nation regarding marriage though Church Law is primary in all cases.
Section 1-p.b. It shall be within the discretion of any Clergy to decline to solemnize any proposed marriage. When marital unity is imperiled by dissension, it shall be the duty of both parties to lay the matter before the Priest. If the situation cannot be resolved they may go to the Bishop and so on up the chain of command until the situation is resolved.
Section 1-p.c. All parties in a proposed marriage must have the proper papers and blood tests as may be required by their State of residence. These papers denoting the civil right to marry shall be handed over to the Priest in addition to certificates of Baptism and First Communion (where applicable), and any other papers required by the City/County/State/etc.
Section 2-p.a. Mixed marriages between Catholic/Orthodox and non-Catholic/Orthodox persons may be permitted with the permission of the Bishop and with a written and signed agreement that any children of such a marriage will be raised in the Church. If the marriage fails, it is the prerogative of the Patriarch to exercise the Pauline Privilege and dissolve the marriage without stigma to the children or impediment to remarriage.
Section 2-p.b. No Clergy of this Church may solemnize marriage between persons one or both of whom were previously married to anyone still living without a Writ of Annulment.
Section 2-p.c. The bans of consanguinity may NOT be set aside at any time.
Section 3-p.a. Any Clergy in Major Orders may administer this Sacrament.
Canon 04-17-13—Holy Eucharist
Section 1-p.a. Only Baptized Christians may receive Communion at our altars.
Section 1-p.b. We do NOT follow the Doctrine of “Transubstantiation” as defined and described by the Roman Catholic Church but rather the Doctrine of “Consubstantiation” as defined and described by the Protestant Episcopal Church.
Section 2-p.a. We include a corporate Confession and Absolution in the Liturgy and it is the responsibility of the Communicant to be in a state of grace before partaking of Communion.
Section 3-p.a. It is the practice of the Eastern Rite to Communicate infants who have been Baptized and Chrismated.
Canon 04-18-13—Penance
Section 1-p.a. All laity above the age of reason are required to attend Penance at least once a year during Holy Week.
Section 2-p.a. The Seal of the Confessional is absolute at all times in all cases without exception. No one may ever divulge anything heard or even overheard in the Confessional. The Seal is inviolate regardless of sins confessed or even the intent of future sin.
Section 3-p.a. In cases of grave danger of death the Clergy must give this Sacrament regardless of personal danger.
Section 3-p.b. All Clergy must attend verbal Confessional before EVERY celebration of the Liturgy or Mass. If the Clergy in question is unable to find another Clergy of this Church then s/he is required to make a VERY sincere Act of Contrition and then submit to the same penance s/he would lay on any other person for the same sins, then as soon as possible seek out Confession with one of our Clergy.
Section 4-p.a. The Sacrament of Penance is not permitted to be given to a known heretic, schismatic or a publicly notorious sinner without a public Submission to and Absolution from one of our Bishops.
Section 4-p.b. Any person found (or admitted later) to have lied during Confession has committed sacrilege and the Absolution is null and void and the Sacrament must be repeated this time with a heavier penance.
Section 4-p.c. No child under 7, or the mental/emotional equivalent thereof, may be made or coerced to confess, or to perform a penance of any kind imposed via such an illegal, illicit, and invalid “confession”.
Canon 04-19-13—Holy Orders
Section 1-p.a. The first step in the process of conferring Holy Orders is the Tonsure by which a person is set aside from the world as a Cleric. Then the Candidate will progress through four levels of study and training referred to since ancient times as Minor Holy Orders.
Section 1-p.b. The first level of Minor Orders is called The Order of Ostiaries.
Section 1-p.c. The second level is the Order of Lectors. The duties of a Lector may include reading from the Fathers of the Church during the Liturgy, and the Lector may sing the Epistle during a Missa Cantata.
Section 1-p.d. The third level of Minor Orders is the Order of Exorcists. The exorcism implied in the title is purely internal; within the Candidate’s own soul in preparation for serving at the Altar of God.
Section 1-p.e. The fourth and final grade of Minor Orders is the Order of Acolytes. These individuals assist the Celebrants at Mass and were traditionally called “altar servers”.
Section 2-p.a. The stage between Minor and Major Holy Orders is the Office of Subdeacon. This person is to prepare the Sacred Vessels for the Liturgy or Mass, to assist at the Solemn Liturgies or Masses, to pour the water into the Chalice at the Offertory, and to say or sing the Epistle.
Section 3-p.a. The first level of Major Holy Orders is the Order of Deacons, or the Diaconate. The imposition of the Diaconate places an indelible mark on the soul of the recipient. The duties of the Deacon include assisting the Priest at the Mass and sometimes to preach and Baptize.
Section 3-p.b. The second level of Major Holy Orders which also carries the indelible mark is the Order of Priests, called the Presbyrate. The Priest is the Minister and Celebrant of Divine Worship with authority to offer the Mass (Liturgy), of blessing and giving Absolution, and of marrying and burying has been conferred.
Section 3-p.c. The third and final level of Major Holy Orders is the Order of Bishops, or the Episcopate. The Bishop possesses the “fullness of the Priesthood” and is a member of the hierarchy of the Church, possessing one or any of the following dignities:
1. Auxiliary—One raised to the dignity and Office of Bishop who does NOT have jurisdiction by reason of his or her Consecration but receives it from the Bishop s/he assists in the duties assigned by the Ordinary.
2. Coadjutor—One raised to the dignity and Office of Bishop and given jurisdiction in part to govern the Diocese of another Bishop who is partially or totally incapacitated. The Coadjutor Bishop normally has right of succession in this Diocese.
3. Itinerant—A bishop whose Diocese has no fixed See, but who roams from Parish to Parish within the territory. This is usually reserved to Mission Territories.
4. Suffragan—One who is given ecclesiastical jurisdiction within his own Diocese but whose Diocese forms part of a larger Archdiocese.
5. Titular—One who is Consecrated to a Diocese which once existed but has now died out and who works in administrative offices needing the weight of a Bishop’s authority.
6. Archbishops, Metropolitans and the Patriarch are simply specialized Bishops with specialized jurisdictions.
Canon 04-20-13—Holy Anointing of the Sick
Section 1-p.a. The laying on of hands in healing prayer with anointing with special oils is called Anointing of the Sick. When these are administered with final Confession and Absolution in conjuction with someone dying it is called the Last Rites.
TITLE THREE—CLERICAL CONDUCT
Canon 04-21-13—Civil and Criminal Laws
Section 1-p.a. This Church supports civil and criminal laws as being necessary for the maintenance of a civilized and orderly society. We acknowledge Christ’s words to “render unto Caesar that which is Caesar’s”. We clarify, however by saying that we will resist, ignore and regard as null and void any law which attempts to rob persons of their right to worship in their own manner, or any law which attempts to abridge the ancient Law of Sanctuary.
Section 1-p.b. Any Clergy or Religious of any grade or rank who is arrested for any reason, must submit to the civilian authorities. If found guilty they are required to serve whatever penalties are imposed. Afterwards, s/he must report to the Patriarchal See for further disposition. It is to be always remembered that the debt to society and punishment have been paid with the serving of the sentence.
Section 2-p.a. This Church maintains a “Zero Tolerance” policy for convicted child molesters. They are to be laicized with no further appeal possible. Remember that an accusation, however believable, is NOT a conviction.
Canon 04-22-13—Violence Against Fellow Clergy
Section 1-p.a. Any Clergy or Religious found guilty of violence against fellow Clergy or Religious, exclusive of self-defense as defined herein, shall immediately be considered suspended from all public function and held in silence until public reconciliation takes place.
Section 1-p.b. Self-defense is defined as the defense of one’s own person from reasonable threat of violence and/or attack, AFTER the aggressor has thrown the first strike. Thusly justified self-defense is allowed to the Clergy and Religious of this Church.
Section 1-p.c. This rule of self-defense also applies to defending a third party who is helpless or infirm, etc.
Canon 04-23-13—Married Clergy
Section 1-p.a. In accordance with Apostolic Tradition and setting aside later traditions of merely human origin this Church accepts married Clergy and Religious of all grades and ranks.
Canon 04-24-13—Retirement and/or Resignation
Section 1-p.a. The canonical age of free will retirement is 75 and no requests for retirement will be granted before that age without documented medical reasons.
Section 1-p.b. There is no mandatory age of retirement.
Section 1-p.c. Only the Patriarchate may order someone into retirement; this is done when the person is not capable of making an objective decision and there are demonstrable problems with his or her conduct.
Canon 04-25-13—Drugs, Alcohol, Disrespect
Section 1-p.a. Any Clergy who behaves contemptuously towards those set above in Office is by the act suspended until proper public submission is made.
Section 1-p.b. Any Clergy or Religious found to be using or selling illegal drugs shall be ordered into treatment. If after three such orders are given, if s/he refuses to submit, then s/he is suspended until laicization can be imposed.
Section 1-p.c. The above provisions apply to alcohol use as well.
Canon 04-26-13—Reports and Tithes
Section 1-p.a. In many jurisdictions the leaders demand a “tithe” from their clergy to supposedly “support the Church” and the like. In most cases this is just extra money for said leaders. This custom is herewith abrogated in this Church on the reasonable assumption that each local member, Parish, Diocese, etc. has a need for that money to do God’s work at the personal level. Since all Clergy and Religious must support themselves and their work, this applies to the Patriarchate as well.
Section 2-p.a. On a monthly or quarterly basis, each Priest, Parish, Bishop, Diocese, Religious House, etc. must send in a report of that month’s doings. A simple digest for the files is sufficient. Obviously any Candidates for Holy Orders or Religious Orders should have a dossier forwarded to the Patriarchate for the files, too.
Section 2-p.b. Once each year a full financial report must be sent to the Patriarchate for the files.
Canon 04-27-13—Travel Letters
Section 1-p.a. All Clergy traveling outside their own areas must carry proper Letters of Travel issued by their Superior. This Letter will include itinerary, dates of travel, etc.
Canon 04-28-13—Jury Duty and Court Witnessing
Section 1-p.a. Clergy may decide for themselves whether or not to serve on juries, remembering the Scriptural admonition NOT to sit in judgement of others.
Section 1-p.b. Clergy and Religious may volunteer or obey subpoenas to appear as material or third-party witnesses. The Seal of the Confessional is in effect at all times.
TITLE FOUR—MEMBERSHIP
Canon 04-29-13—Membership
Section 1-p.a. Membership in the Byzantine Catholic Church is open to ALL who have a willingness to publicly confess Jesus Christ as their Lord and Savior and as the Son of God, and who will strive to better themselves and grow in the Faith. No one is refused membership because of race, national origin, sexual orientation, skin color, or previous religious affiliation.
Canon 04-30-13—Approved Scriptures and Liturgical Texts
Section 1-p.a. The Byzantine Catholic Church encourages her children to study the Scriptures daily to grow in wisdom. She does NOT, however, allow her children to wrest single verses out of their context nor does she encourage private interpretation. The Church gave us the Bible, not the other way around, and teaches its truths in their entirety. Thus the Church’s interpretation of Scriptures is the final word.
Section 2-p.a. The Lamsa Edition of the Bible and the Douay-Rheims (for those who ACTUALLY understand the archaic English—not the casual dilettante) are the only currently approved editions for use by the laity and Clergy.
Section 2-p.a. The Western Rite and the Eastern Rite are in the process of being revised so that the Western Missale Romanum can be brought into line with doctrinal Orthodoxy and the Eastern Manual of Orthodox Services can be brought into line with modern Western praxis. When these are completed they will be the standard and all other texts will be suppressed.
Section 3-p.a. If there are questions regarding the use of other texts, contact the Patriarchate.
TITLE FIVE—GENERAL CANONS
Canon 04-31-13—Suicides
Section 1-p.a. In the event of a suicide of a member of the Church there shall be an Inquest.
Section 2-p.a. If the result of the Inquest proves that the person was rational, and committed suicide deliberately and with full knowledge of the consequences involved, there shall be no Liturgy and no burial in hallowed ground.
Section 2-p.b. If, however, the Inquest proves that the person was despondent, or otherwise not fully rational at the time of the suicide, then there shall be a full Requiem Liturgy with pleas that the sin be forgiven, and the person shall be lovingly buried in hallowed ground.
Canon 04-32-13—Abortion
Section 1-p.a. An abortion is forbidden after the sixth week of gestation, and can only be approved in the cases of rape or incest.
Section 2-p.a. The above does not detract from the fact that abortion is still a mortal sin of murder and Confession with penance served and Absolution granted is required before the woman may approach the Sacraments again.
Section 2-p.b. The use of sterilization as a form of birth control is a sensitive matter, best left, like the use of artificial contraceptives, between a Penitent and his or her Confessor.
This concludes the Canons of the Byzantine Catholic Church at present
