Each Metropolitan of this Church has within his Province, by right of Office as the Chief Bishop and Principal Minister thereof, the solemn responsibility and duty to take order for the election to every Bishopric within his Province, to preside over such election, either in his own person or by Episcopal Deputy, or to issue his Warrant of Commission to such person or persons otherwise required by applicable Diocesan Canons or other regulations, so to provide, and to have the oversight and care of the same, to be the Chief Consecrator at the ordination and consecration of every Bishop within his Province, to see to the pastoral care of vacant Sees within his Province, and to hold and make his Metropolitical Visitations at times and places prescribed by the Constitution and Canons of this Church, and by Custom and the Common Law of the Church.
He shall also perform all other duties prescribed for him by the Constitution and other Canons of this Church and of that Province concerned.
Each Metropolitan of this Church, by the Common Law of the Church, has throughout the Province committed to his Charge its pastoral concern and Metropolitical jurisdiction as Superintendent of all ecclesiastical matters therein, and full visitorial powers as their Chief Pastor to correct and supply any defects or deficiencies of other Bishops of that Province during the time of his canonical Visitation as Metropolitan, so that, in behalf of that Diocese or other such jurisdiction concerned, and for the edifying and well-governing of Christ's flock, as the Metropolitan shall deem expedient, means may be taken thereby for the supply of such things as may be lacking or wanting and the correction of such things as may be amiss.
If the Bishop Ordinary of any Diocese or other such jurisdiction so visited objects to or disagrees with the directions and actions of the Metropolitan of that Province concerned in pursuance of his Canonical Visitation, such Bishop Ordinary may file an appeal in writing with both that Metropolitan concerned and his College of Bishops. Thereupon, that Metropolitan shall then be required, within thirty (30) days of receipt of such appeal, to obtain the assent of two-thirds (2/3) majority of his College of Bishops to the directions and actions of that Metropolitan to which objection and exception has been taken. If such assent is not secured within the aforesaid period, then the directions and actions taken by the Metropolitan concerned shall be suspended until the next regular formal canonical meeting of that College of Bishops wherein such directions and actions shall be terminated unless other action be taken by that College of Bishops concerned.
Each Metropolitan shall make his regular Canonical Visitation as Metropolitan, either in his own person or by his Commissaries or other deputies, at least once in every three years to every Diocese and every other such jurisdiction within his Province in order to consult with the Clergy and Laity of the same, and to visit and consult with each Diocesan or other such Synod within his Province as he may deem expedient or sufficient for such visitations.
On occasions other than stated or accustomed times of Canonical Visitations by the Metropolitan of the Province, and upon adequate memorial and petition requesting the Metropolitan to exercise his visitorial powers in any Diocese or other such jurisdiction within his Province, the said Metropolitan shall attempt to achieve and reconciliation of any conflict involved and a resolution of the problem. Failing to achieve the same, the said Metropolitan shall have full power and authority to make, either in his own person or by his Commissaries or other deputy, or deputies, such Canonical Visitation, as he may deem expedient, to both the Diocese or other such jurisdiction concerned and the Bishop or Ordinary thereof.
5.01 When the Metropolitan May Take Immediate Pastoral Care and Oversight.
Upon receipt of allegations of canonical or other irregularities on the part of any of his comprovincials made by one or more Parishes or Congregations in any Diocese or other such jurisdiction within his Province, the Metropolitan of any Province of this Church shall attempt to achieve a reconciliation of any conflict involved and a resolution of the problem. Failing to achieve the same, that Metropolitan concerned may forthwith take the same Parishes or Congregations under his immediate pastoral care and Metropolitical oversight until such time as the truth be tried or other disposition may be made of the case, subject to that Metropolitan having obtained the consent of his comprovincials, excepting the Bishop directly concerned, in the College of Bishops of his Province, assembled within three months of his assuming such direct patrimonial jurisdiction and care.
5.02 The Powers of the Metropolitan in Such Case-
During the Exercise of such extraordinary Metropolitical jurisdiction, the Metropolitan may, either in his own person or by his Provincial Vicar General, Officialis or Official Principal, Vicar Delegate, or Vicars Delegate, or other such officials or deputies, convene and hold such Synod or synods as may seem good to him for the enactment of Canons, other legislation, and for other ecclesiastical administration as he and such Synod or Synods shall or may deem good or necessary; and he may appoint by Warrant of Commission such Provincial Vicar General, Officialis or Official Principal, Vicar Delegate, or Vicars Delegate, or other such officials or deputies as need may require for the good and right ordering and well-being of Christ's Clergy and People within his patrimonial jurisdiction and care.
5.03 The Participation of Such Vicariate General of a Patrimony in Provincial Synods.
When, in the opinion of the Metropolitan so exercising his jurisdiction, it would be impossible for a significant number of Clergymen, Parishes, or Congregations within such Patrimony otherwise to obtain sufficient participation at and through their Diocesan Synod or have their voice adequately heard in affairs of their own Diocese, the said Metropolitan may on their behalf request his Provincial Synod to admit such Clerical and Lay Delegates duly elected by such patrimonial Synod as aforesaid and from the said Patrimony, which Delegates may be seated with or without vote in that Provincial Synod as that Provincial Synod shall at its discretion determine and subject to such restrictions as the Provincial Synod may impose.
The Metropolitan of each Province shall, either in his own person or by formal commission by right to the next Senior Bishop Ordinary of that Province, able and willing to perform such duty, institute, induct, invest, enthrone, and install every Bishop Ordinary of that Province into the possession of his See and Office. The Metropolitan also shall, either in his own person or by Episcopal Deputy, institute and invest all other Bishops of that Province into their Bishoprics or Episcopal Office.
All Episcopal translations within or into a Province must receive either the consent of the Metropolitan, or, in his absence, the consent of Two-thirds of the membership of the College of Bishops of that Province.
All Diocesan Bishops and Bishops Ordinary of that Province concerned holding jurisdiction therein and who are members of the Council of Bishops of that Provincial Synod, not under censure or presentment, shall be eligible for the Office of Metropolitan of that Province.
The Council of Bishops of that Province assembled in Synod shall choose one of the Bishops Ordinary of that Province holding jurisdiction therein to be the Metropolitan thereof by a vote of a two- thirds majority of all the Bishops of that House excluding retired Bishops not present, except that choice shall be subject to the consent of a two- thirds vote of the Senate of the Clergy and a two-thirds vote of the Assembly of the Laity of that Provincial Synod.
The other Bishop members of that Council of Bishops not present may concur either in person or in writing under their Hand and Seal.
(a) After the organization of the Synod assembled under the Presidency of the Senior Bishop Ordinary of that Province, the rolls of the Council of Bishops, the Senate of the Clergy, and the Assembly of Laity shall be called by the respective Recorders of each House, and afterwards the Recorders shall report the number present in each House and the number in each House necessary to election or consent, as the case may be. The entire Synod then shall repair to the church in order to make their common supplication to God and the solemn invocation of the Holy Spirit for guidance in whom the Council of Bishops shall propose as Metropolitan of that Province;
(b) The common supplication of the whole synod having been completed, the council of Bishops thereupon shall then withdraw and sit behind closed doors. The other two Houses of Synod shall remain in prayer, meditation, or the singing of suitable hymns;
(c) Upon the notice being received from the Council of Bishops that a Metropolitan has been chosen, the Senate of Clergy and the Assembly of Laity shall repair to their respective separate chambers to receive the name of the Bishop Ordinary chosen as Metropolitan by the Council of Bishops of that Provincial Synod;
(d) Upon consent having been obtained in both the lower Houses of that Synod, the Prolocutor of the Senate of Clergy and the Speaker of the Assembly of the Laity shall together proceed to the Council of Bishops and inform the Bishops that they have obtained the necessary consent in A.B. to be the Metropolitan of that Province.
(e) If failure to obtain the necessary consent in either or both of the two lower Houses of Synod occurs, that information shall be communicated immediately to the Council of Bishops by formal notice of the lower House or Houses concerned. The Council of Bishops shall make their own determination as to whom else to propose;
(f) When the necessary consent has been obtained, the Synod returns to joint session and the next Senior Bishop Ordinary of that Province takes the chair and formally proclaims the Bishop elected as the Metropolitan of that Province;
(g) Upon the moment aforesaid of his being so proclaimed, that Bishop so elected shall thereupon immediately take possession of and enter upon his Office, ipso facto, as Metropolitan of that Province concerned, and shall have, possess, and exercise all rights, powers, privileges, and prerogatives which the Metropolitan of that Province has possesses, and exercises, any law, usage, or custom, be it either ecclesiastical or civil, or both, of that Province or place concerning the moment or as to when that Metropolitan fully enters upon or takes possession of his Office as such, or both, and the full exercise thereof, to the contrary in any wise notwithstanding;
(h) The Prolocutor of the Senate of Clergy and the Speaker of the Assembly of the Laity shall pledge the support and loyalty of the Clergy and Laity of that Province to the new Metropolitan;
(i) Announcements shall be made of the time and place of the Service of the institution, induction, and investure, and of the enthronement and installation of the new Metropolitan before the close of that Synod, whereat all the Bishops of that Province present shall make their Canonical Submission;
(j) Benediction by the new Metropolitan; and
(k) Recess of the joint session of the Synod and resumption of the separate sittings of each House of the Provincial Synod in their respective chambers for business of the Synod.
This Canon shall not take effect before the Provincial Synod of 1983, at which time it shall come into full force and effect, except and unless the College of Bishops of this church, composed of all the Bishops subject to the authority of this Church, shall unanimously determine and authorize an earlier date and time for the taking effect and force of this Canon.
The Metropolitan of each Province of this Church may hold his Office for life, or as long as he continues to hold Office as Ordinary of the See of which he was Bishop at the time of his being chosen the Metropolitan of that Province, unless he shall retire, resign, or be removed in accordance with the Constitution and Canons of this Church.
10.01 During avoidance in the Office of the Metropolitan of any Province of this Church, or during the illness or other incapacity of the aforesaid Metropolitan, the next Senior Bishop Ordinary holding jurisdiction in that Province by right shall have authority to perform all the duties of the Metropolitan and shall be styled Acting Metropolitan.
10.02 A Certificate signed by three Bishops of that Province shall be sufficient evidence of illness or other incapacity of the Metropolitan.
10.03 The Metropolitan may resume his authority by notifying said Acting Metropolitan and submitting a Certificate signed by three Bishops of that Province.
10.04 Until the election of a new Metropolitan of that Province, the said Senior Bishop Ordinary shall, after each avoidance aforesaid of the Metropolitical See, be vested with all the rights, powers, privileges, and prerogatives of the Metropolitan of that Province.
10.05 This Canon shall not come into effect or force until after of the first Metropolitan of this Church shall have been chosen.
The Stipend of each Metropolitan shall be determined and due provision made therefore by the Synod of that Province concerned.
Upon the request of the Metropolitan, one Episcopal Assistant shall be provided by the Provincial Synod concerned of this Church to the Metropolitan aforesaid of that Province.
In addition to the Administrative Assistant to the Metropolitan, as set forth in Subsection (a), of Section 4.01, of Canon 4, of Title XXI below of these Canons, the Metropolitan of each Province aforesaid may also appoint, with the advice and consent of his College of Bishops, such other assistants, as from time to time such Metropolitan may deem necessary.
Such additional administrative assistant or assistants, as the case may be, shall serve at the pleasure of that Metropolitan concerned.
In addition, the Metropolitan of each Province aforesaid, may also appoint, with the advice and consent of his College of Bishops, such other assistants as, from time to time, such Metropolitan may deem necessary to assist him in the proper administration of that province concerned.
Such additional assistant or assistants, as the case may be, shall serve at the pleasure of that Metropolitan concerned.
All such appointments authorized respectively in Sections 12.02 and 12.03 above of this Canon, shall be effective immediately upon the advice and consent of the College of Bishops of that Province concerned and shall be subject to confirmation by the next regular meeting of the Synod of that province concerned if such appointment or appointments, as the case may be, is to continue beyond the adjournment and prorogation thereof.
Nothing in the foregoing Sections above of this Canon shall be admitted, allowed, or pleaded in order to hinder, prevent, or limit the authority of the Metropolitan of each Province of this Church to appoint, collate, or commission, including the assignment of any authority or jurisdiction, or both, as the case may be, Vicar or Vi cars General in Spirituals or in Temporals, or both, Vicar or Vicars Provincial, Vicar or Vicars Episcopal, Vicar or Vicars Delegate, Provincial Dean, Episcopal Deputy or Deputies, Commissary or Commissaries General, commissary or Commissaries Episcopal, Commissary or Commissaries Provincial, Canon or Common Penitentiary or Penitentiaries, Master or Masters of Faculties, Canon or Canons Honorary to the Office of the Metropolitan, Chaplain or Chaplains to the Metropolitan or the Office thereof, or both, or to bestow or otherwise confer any other Office, Charge, Dignity, Appointment, Preferment, Title, Honour, Function, Benefice, Incumbency, or Other, as the case may be, that are set forth and provided in the Constitution or Canons of this Church, or both, and that Province concerned for him to so appoint, collate, or commission or that such Metropolitans have been accustomed or want to appoint, collate, or commission in accordance with Custom or the Common Law of the Church, or both.
The Metropolitan of any Province of this Church may resign his Office of Metropolitan at any time by written notice to the next Senior Diocesan Bishop of that Province, who shall thereupon submit the same to the College of Bishops of that Province assembled. Said resignation shall become effective upon submission to the College of Bishops of that Province unless two-thirds of the said College of Bishops for good and sufficient reason decline to accept said resignation from the Office of the Metropolitan of the Province.
Upon attaining the age of seventy-five years, every Metropolitan of this Church shall annually submit his offer to retire from the Office of Metropolitan of that Province to the Synod of the Province concerned. If his offer to retire is accepted by his Provincial Synod, that Metropolitan shall be bound to forward his written resignation to the next Senior Diocesan Bishop of that Province. The College of Bishops of that Province is then bound to accept his resignation from the Office of Metropolitan of that Province.
All the Metropolitans of this Church not under censure of presentment are eligible for election as the first primate of this Church.
The Council of Bishops of this Church assembled in oh first session of the Holy Synod of this Church shall choose one of the Metropolitans of the several Provinces of this Church as the first Primate thereof by a vote of a two-thirds majority of all the Bishops of that House excluding retired Bishops not present, except that choice shall be subject to the consent of a two-thirds vote of the Senate of Clergy and a two-thirds vote of the Assembly of the Laity of that Holy synod.
The other Bishop members of that Council of Bishops not present may concur either in person or in writing under their Hand and Seal.
(a) After the organization of the Synod assembled under the Presidency of the Senior Metropolitan of this Church, the rolls of the Council of Bishops, the Senate of Clergy, and the Assembly of Laity shall be called by the respective Recorders of each House, and afterwards the Recorders shall report the number present in each House and the number necessary to election or consent, as the case may be.
The entire Synod shall repair to the church in order to make their common supplication to God and the solemn invocation of the Holy Spirit for guidance in whom the Council of Bishops shall propose as the first Primate of this Church;
(b) The common supplication of the whole Synod having been completed, the Council of Bishops thereupon shall then withdraw and sit behind closed doors. The goner two Houses of the Holy Synod shall remain in prayer, meditation, or the singing of suitable hymns;
(c) Upon the notice being received from the Council of Bishops that the first Primate has been chosen, the Senate of Clergy and the Assembly of Laity shall repair to their respective separate chambers to receive the name of the Metropolitan chosen as the first Primate of this Church by the Council of Bishops of the first Holy Synod of this Church.
(d) Upon consent having been obtained in both the lower Houses of that Holy Synod, the Prolocutor of the Senate of Clergy and the Speaker of the Assembly of the Laity shall together proceed to the Council of Bishops and inform the Bishops that they have obtained the necessary consent in the Metropolitan of N. to be the first Primate of this Church;
(e) If failure to obtain the necessary consent in either or both of the two lower Houses of the first Holy Synod occurs, that information shall be communicated immediately to the Council of Bishops by formal notice of the lower House or Houses concerned. The Council of Bishops shall make their own determination as to whom else to propose;
(f) When the necessary consent has been obtained, the Holy Synod returns to joint session and the next Senior Metropolitan of this Church takes the chair and formally proclaims the Metropolitan elected as the first Primate of this Church;
(g) Upon the moment aforesaid of his being so proclaimed, that Metropolitan so elected shall thereupon immediately take possession of and enter upon his Office, ipso facto, as the first Primate of this Church, and shall have, possess, and exercise all the rights, powers, privileges, and prerogatives which the Primate of this Church has, possesses, and exercises, any law, usage, or custom of this Church or of that place wherein such Proclamation aforesaid occurs, be it either ecclesiastical or civil, or both, concerning the moment or as to when the said Primate fully enters upon or takes possession of his Office as such, or both, and the full exercise thereof, to the contrary in any wise notwithstanding;
(h) The Prolocutor of the Senate of the Clergy and the Speaker of the Assembly of the Laity shall pledge the support and loyalty of the Clergy and Laity of this Church to the first Primate of this Church;
(i) Announcements shall be made of the time and place of the Service of the institution, induction, and investure, and of the enthronement and installation of the first Primate of this Church before the close of that Holy Synod, whereat all the Metropolitans and Bishops of this Church shall make their pledge of support;
(j) Benediction by the first Primate of this Church; and
(k) Recess of the joint session of the first Holy Synod of this Church and resumption of the separate sittings of each House of the Holy Synod in their respective chambers for business of the Synod.
This Canon shall only Come into effect and force at the first meeting of the Holy Synod of this Church, and upon the adjournment thereof, it shall cease and expire.
2.01 When there is a vacancy in the Office of Primate of this Church, the Senior Metropolitan of this Church shall summon all the Bishops of this Church not under censure or presentment into the next regularly scheduled meeting, and determination shall be made by the College of Bishops of this Church, in strict accordance with seniority of the holding of Office by the Metropolitans of this Church, as to which Metropolitan is willing and able to undertake the duties and Office of the Primacy of this Church. Upon the acceptance of such Metropolitan having been proposed in turn of the greater seniority, the next Senior Metropolitan shall proclaim the aforesaid Metropolitan to be the Primate of this Church.
2.02 Upon the moment of such Proclamation, the aforesaid Metropolitan shall thereupon immediately take possession of and enter upon his Office, ipso facto, as the Primate of this Church, and shall have, possess, and exercise all the rights, powers, privileges, and prerogatives which the Primate of this Church has, possesses, and exercises, any law, usage, or custom of this Church or of that place wherein such Proclamation aforesaid occurs, be it either ecclesiastical or civil, or both, concerning the moment or as to when the said Primate fully enters upon or takes possession of his Office as such, or both, and the full exercise thereof, to the contrary in any wise notwithstanding;
2.03 The Proclamation of the Selection of the new Primate of this Church shall be communicated to all the Dioceses, Missionary Dioceses, Missionary Districts, or other such jurisdictions of this Church. Also announcement shall be made of the time and place of the Service of institution, induction, and investure, and of the enthronement and installation of the new Primate of this Church, whereat all the Metropolitans and Bishops of this Church shall make their pledges of support.
3.01 In the case of illness or any other cause of incapacity of the Primate to fulfil his duties or avoidance in the Primatial See, the next Senior Metropolitan able and willing to act shall have authority to perform all the duties of the Primacy of this Church and shall be styled Acting Primate. He shall be vested with all the rights, powers, privileges, and prerogatives of the Primatial Office until the Primate resumes the authority of his Office or the avoidance ceases or a new Primate is selected.
3.02 A certificate signed by five Bishops of this Church shall be sufficient evidence of illness or other incapacity of the Primate.
3.03 The Primate may resume his authority by notifying said Acting Primate and submitting a Certificate signed by five Bishops of this Church.
The Primate shall perform all duties prescribed for him by The Constitution and Canons of this Church.
The Primate of this church shall exercise authority as and be the Metropolitan for all Overseas Jurisdictions, Dioceses, Missionary Dioceses, Missionary Districts, Jurisdictions of the Armed Forces or Forces, and all other such ecclesiastical jurisdictions of this Church, and of all Bishops thereof and therein, which are not or not yet an integral or constituent jurisdiction of any duly constituted Province of this church or subject to the authority of any such Provincial Synod of the same.
The Primate shall have and hold, and be authorized to exercise, all the rights, powers, privileges, and prerogatives of a Metropolitan of this Church holding such Metropolitical jurisdiction and pastoral concern.
Each such Bishop mentioned in Section 5.01 of this Canon shall be answerable to the Primate as his Metropolitan and shall, in addition to any other Declaration and Oaths which may be required, take an Oath of Canonical Obedience to the Primate as his Metropolitan.
The High court of the Holy Synod in all such instances aforementioned in this Canon shall be and act as the Court of Metropolitan for the Primate.
Assistance, Episcopal or otherwise, shall be provided by the Holy Synod to any occupant of the Office of Primate of this Church as occasion may require.
The Stipend of the Primate shall be determined and due provision made therefor by the Holy Synod.
The Primate of this Church may hold his Office for lifer or as long as he continues to hold the Office of Metropolitan of his Province which he held upon his accession to the Primacy of this Church, unless he shall resign, retire, or be removed in accordance with the Constitution and Canons of this Church.
The Primate of this Church may resign his Office of Primate at any time by written notice to the next Senior Metropolitan of this Church, who shall thereupon submit the same to the College of Bishops of this Church assembled. Said resignation shall become effective unless two-thirds of the said College of Bishops for good and sufficient reason shall decline to accept said resignation from Office.
Upon attaining the age of seventy-five years, the Primate of this Church shall annually submit his offer to retire from the Office of Primate to the Holy Synod. If his offer to retire is accepted by the Holy Synod, he shall be bound to forward his written resignation to the next Senior Metropolitan of this Church. The College of Bishops, of this Church are then bound to accept his resignation from the Office of Primate of this Church.
(Reserved.)