Provincial Canons (Title VIII & IX)
  1. Title VIII OF THE HOLY SYNOD AND PROVINCIAL SYNODS
  2. Canon I. OF THE HOLY SYNOD.
  3. 1.01 Of the Council of Bishops in the Holy Synod.

(a) Of the Membership of the Council of Bishops.

Every Bishop subject to the authority of this Church shall have a seat, voice, and vote in the Council of Bishops of the Holy Synod of this Church.

(b) Of the President of the Council of Bishops in the Holy Synod.

The Primate of this Church shall be the President of the Council of Bishops in the Holy Synod. The Metropolitan next most senior in respect of Office shall preside in the absence of the Primate or in case of his inability to act as President. If there be no such Metropolitan present, the Bishop elected as President of the Council of Bishops at the Holy Synod shall be, act, and serve as President of that House.

  1. 1.02 Of the Senate of the Clergy in the Holy Synod.

(a) of the Membership of the Senate of the Clergy.

The Church in every Diocese of this Church shall be entitled to representation in the Senate of the Clergy of the Holy Synod by eleven Priests or Deacons canonically resident therein. Each such Diocese shall prescribe the manner in which such Clerical Delegates shall be chosen and the length of their term of tenure of Office.

(b) Of the Prolocutor of the Senate of Clergy.

There shall be a Prolocutor and a Deputy Prolocutor of the Senate of the Clergy in the Holy Synod who shall be elected from the members thereof and who shall perform the duties normally appropriate to their respective Offices and also the duties specified for each in the Constitution or Canons of this Church. They shall be elected and the length of their term of tenure of Office shall be determined not later than the second day of each regular meeting of the Holy Synod in the manner herein set forth. Such Officers shall take Office at the adjournment and prorogation of the regular meeting of the Holy Synod at which they are elected, and shall continue in Office until adjournment and prorogation of the following regular meeting of the Holy Synod at which they are elected. They shall be and remain ex officio members of that Senate during the length of their term of tenure of Office. The Prolocutor and Deputy Prolocutor shall be eligible to succeed themselves. In case of resignation, death, absence, or inability of the Prolocutor, the Deputy Prolocutor shall perform the duties of the Prolocutor, until a new Prolocutor is elected.

  1. 1.03 Of the Assembly of the Laity in the Holy Synod.

(a) Of the Membership of the Assembly of the Laity.

The Church in each Diocese of this Church shall be entitled to representation in the Assembly of the Laity of the Holy Synod by eleven lay communicants canonically resident therein. Each such Diocese shall prescribe the manner in which such Lay Delegates shall be chosen and of the length of their term of tenure of Office.

(b) Of the Speaker of the Assembly of the Laity.

There shall be a Speaker and a Deputy Speaker of the Assembly of the Laity in the Holy Synod, who shall perform the duties normally appropriate to their respective Offices and also the duties specified for each in the Constitution or Canons of this Church. They shall be elected and the length of their term of tenure of Office shall be determined not later than the second day of each regular meeting of the Holy Synod in the manner therein set forth. Such Officers shall take Office at the adjournment and prorogation of the regular meeting of the Holy Synod at which they are elected. They shall be and remain ex officio member of that Assembly during the length of their term of tenure of Office. The Speaker and Deputy Speaker shall be eligible to succeed themselves. In case of resignation, death, absence, or inability of the Speaker, the Deputy Speaker shall perform the duties of the Speaker until a new Speaker is elected.

  1. 1.04 Of Representation of Other Jurisdictions.

The Jurisdiction of the Armed Forces of the United States, and every other Military Jurisdiction, Missionary Diocese, Missionary District, or other such jurisdiction of this Church, established in accordance with the Constitution of this Church, shall be entitled to representation in the Senate of the Clergy by three Clerical Delegates and in the Assembly of Laity by five Lay communicate Delegates respectively of the Holy Synod.

Each such Military Jurisdiction, Missionary Diocese, Missionary District and other such jurisdiction concerned shall choose such Delegates in the manner prescribed by the establishing authority.

  1. 1.05 Of Quorums of the Houses of Synod and Adjournments thereof.

(a) A quorum of each House of the Holy Synod shall consist of no less than fifty percent of the whole membership thereof.

(b) No House of the Holy Synod, without the consent of the other Houses of such Synod and of the President thereof, shall adjourn or recess for more than four hours or to any place other than that in which the Synod shall be sitting.

  1. 1.06 of the Frequency, Time, and Place of Meeting of the Holy Synod. The Holy Synod of this Church shall meet not less frequently

than every five years, at a place and time appointed by a preceding Synod, or if no such time or place, or both, shall be appointed, then at the summons and call of the Primate of this Church, but, if there shall appear sufficient cause, the primate aforesaid may appoint another place or date, or both, for such meeting.

The Primate or the Holy Synod sitting may summon, convene, and convoke, as the case may be, special meetings of the Holy Synod.

  1. 1.07 Of the Recorder of the Holy Synod and His Duty.

The Primate of this Church, by and with the advice and consent of the College of Bishops of this Church, shall appoint a Recorder of the Holy Synod whose duty it shall be to record the proceedings of the Holy Synod.

Functioning under the supervision of the Secretary General of this Church, said Recorder shall make a complete record of each meeting of the Holy Synod; prepare full minutes of the proceedings thereof; preserve the Journals and Records thereof; and turn said materials over to the Secretary General as aforesaid for distribution and disposition.

The Recorder of the Holy Synod shall continue in Office until his successor shall be appointed.

  1. 1.08 Of the Recorders of the Houses of Holy Synod and Their Duties.

The Presiding Officer of each House of the Holy Synod shall appoint a Recorder thereof, and as needed, a Deputy Recorder or Deputy Recorders, to record the proceedings of that House concerned, and to communicate with the other Houses of said Synod concerning its transactions and proposals for legislation and other business.

The Recorders of said Houses shall keep full minutes of the proceedings thereof; record them, with all reports, in a book provided for that purpose; convey a copy of all minutes and reports to the Recorder of the Holy Synod; render assistance to the Recorder of the Holy Synod during meetings of the Synod; when necessary, act for and on behalf of the Recorder of the Holy Synod during his absence or inability to attend to his duties; preserve the Journals and Records of that House concerned; deliver them to the Registrar of this Church, as provided in Section 4.03, of Canon 4, of Title VII above of these Canons, and perform such other duties as may be directed by that House concerned or its Presiding Officer.

Such Recorders and their Deputies shall continue in Office until their successors shall be appointed.

  1. Canon 2. OF THE PROVINCIAL SYNODS.
  2. 2.01 Of the Council of Bishops in the Provincial Synods.

(a) Of the Membership of the Council of Bishops.

Every Bishop subject to the authority of this Church shall have a seat, voice, and vote in the Council of Bishops of the Provincial Synod of which he shall be a member.

(b) Of the President of the Council of Bishops in the Provincial Synods.

The Metropolitan of each Province shall be the President of the Council of Bishops in the Provincial Synod concerned. The Bishop Ordinary next most senior in respect of his consecration shall preside in the absence of the Metropolitan or in case of his inability to act as President.

  1. 2.02 Of the Senate of the Clergy in the Provincial Synods. (a) Of the Membership of the Senate of the Clergy.

The Church in every Diocese of this Church shall be entitled to representation in the Senate of the Clergy of the Provincial Synod concerned by eleven priests or Deacons canonically resident therein. Each such Diocese shall prescribe the manner in which such Clerical Delegates shall be chosen and the length of their term of tenure of Office.

(b) Of the Prolocutor of the Senate of Clergy.

There shall be a Prolocutor and a Deputy Prolocutor of the Senate of the Clergy in each Provincial Synod of this Church who shall be elected from the members thereof and who shall perform the duties normally appropriate to their respective Offices and also the duties specified for each in the Constitution or Canons of this Church. They shall be elected and the length of their term of tenure of Office shall be determined not later than the second day of each regular meeting of the Provincial Synod concerned in the manner herein set forth. Such Officers shall take Office at the adjournment and prorogation of the regular meeting of the Provincial Synod at which they are elected, and shall continue in Office until adjournment and prorogation of the following regular meeting of the Provincial Synod at which they are elected. They shall be and remain ex Officio members of that Senate during the length of their term of tenure of Office. The Prolocutor and Deputy Prolocutor shall be eligible to succeed themselves. In case of resignation, death, absence, or inability of the Prolocutor, the Deputy Prolocutor shall perform the duties of the Prolocutor, until a new Prolocutor is elected.

  1. 2.03 Of the Assembly of the Laity in the Provincial Synods.

(a) Of the Membership of the Assembly of the Laity.

The Church in each Diocese of this Church shall be entitled to representation in the Assembly of the Laity of the Provincial Synod concerned by eleven lay communicants canonically resident therein. Each such Diocese shall prescribe the manner in which such Lay Delegates shall be chosen and of the length of their term of tenure of Office.

(b) Of the Speaker of the Assembly of the Laity.

There shall be a Speaker and a Deputy Speaker of the Assembly of the Laity in each Provincial synod, who shall perform the duties normally appropriate to their respective Offices and also the duties specified for each in the Constitution or Canons of this Church. They shall be elected and the length of their term of tenure of Office shall be determined not later than the second day of each regular meeting of the Provincial Synod concerned in the manner herein set forth. Such Officers shall take Office at the adjournment and prorogation of the regular meeting of the Provincial Synod at which they are elected. They shall be and remain ex officio members of that Assembly during the length of their term of tenure of Office. The Speaker and Deputy Speaker shall be eligible to succeed themselves. In case of resignation, death, absence, or inability of the Speaker, the Deputy Speaker shall perform the duties of the Speaker until a new Speaker is elected.

  1. 2.04 Of Representation of Other Jurisdictions.

The Jurisdiction of the Armed Forces of the United States, and every other Military Jurisdiction, Missionary Diocese, Missionary District, or other such jurisdiction of this Church within each Province thereof, established in accordance with the Constitution of this Church, shall be entitled to representation in the Senates of the Clergy by three Clerical Delegates and in the Assemblies of the Laity by the Lay communicant Delegates respectively of the Provincial Synods concerned.

Each such Military Jurisdiction, Missionary Diocese, Missionary District, and other such jurisdiction concerned shall choose such Delegates in the manner prescribed by the establishing authority.

  1. 2.05 Of Quorums of the Houses of Synod and Adjournments thereof.

(a) A quorum of each House of the Provincial Synod concerned shall consist of no less than fifty percent of the whole membership thereof.

(b) No House of the Provincial Synod concerned, without the consent of the other Houses of such Synod and of the President thereof, shall adjourn or recess for more than four hours or to any place other than that in which such Synod shall be sitting.

(c) For good cause, any Missionary Diocese, Missionary District, or other such jurisdiction of this Church may request the leave of absence from the Metropolitan concerned, and if such leave be granted, such Missionary Diocese, Missionary District, or other such jurisdiction aforesaid shall not be counted for purposes of quorum in that Provincial Synod concerned.

  1. 2.06 Of the Frequency, Time, and Place of Meeting of the Provincial Synods.

The Provincial Synod of this Church shall meet not less frequently than bi-annually, at a place and time appointed by a preceding Synod, or if no such time or place shall be appointed, then at the summons and call of the Metropolitan of the Province concerned, but, if there shall appear sufficient cause, such Metropolitan of the Province concerned may appoint another place or date, or both, for such meeting. The Metropolitan of the Province concerned or the Synod sitting may convene and convoke special meetings of that Synod concerned.

  1. 2.07 Of the Recorder of each Provincial Synod and His Duty.

The Metropolitan of each Province of this Church, by and with the advice and consent of his College of Bishops, shall appoint a Recorder of the Provincial Synod concerned whose duty it shall be to record the proceedings of the Provincial Synod.

Functioning under the supervision of the Secretary of that Province, said Recorder shall make a complete record of each meeting of the Synod of that Province concerned; prepare full minutes of the proceedings thereof; preserve the Journals and Records thereof; and turn said materials over to the Provincial Secretary as aforesaid for distribution and disposition.

Such Recorder shall continue in Officer until his successor shall be appointed.

  1. 2.08 Of the Recorders of the Houses of each Provincial Synod and Their Duties.

The Presiding Officer of each House of each Provincial Synod aforesaid shall appoint a Recorder thereof, and as needed, a Deputy Recorder or Deputy Recorders, to record the proceedings of that House concerned, and to communicate with the other Houses of that Synod concerning its transactions and proposals for legislation and other business.

The Recorders of such Houses shall keep full minutes of the proceedings thereof; record them, with tall reports, in a book provided for that purposes; convey a copy of all minutes and reports to the Recorder of the Provincial Synod concerned; render assistance to the Recorder of that Provincial Synod during meetings of the Synod; when necessary, act for and on the behalf of the Recorder of that Provincial concerned during his absence or inability to attend to his duties; preserve the Journals and Records of that House concerned, deliver them to the Registrar of that Province concerned as provided Section 8.03, of Canon 8, of Title VII above of these Canons, and perform such other duties as may be directed by that House concerned or its presiding Officer.

The Recorders and their Deputies aforesaid shall continue in Office until their respective successors shall be appointed.

  1. Canon 3. OF FAILURE TO TITHE OR SUBMIT REPORTS BY ANY DIOCESE OR OTHER SUCH JURISDICTION.

If any Diocese or other such jurisdiction of this Church does not for two (2) successive years regularly tithe to that Province concerned, as provided in Section 1 of Article VII of the Constitution of this Church and set forth in Canon 3 of Title XXI below of these Canons, of which said Diocese or other such jurisdiction is a constituent jurisdiction or if such Diocese or other such jurisdiction aforementioned fails to submit the reports required as set forth in Section 16.02 of Canon 16 of Title VI above of these Canons, or both, said Diocese or other such jurisdiction shall have the number of its Delegates in both the Senate of Clergy and the Assembly of Laity reduced respectively to two (2) in each aforesaid House of that Provincial Synod concerned, save by leave of that Metropolitan with the advice and consent of that Provincial Synod concerned.

Such reduction and representation in the number of Delegates aforesaid shall remain in force and effect until such time as that which is lacking or wanting shall have been supplied.

  1. Canon 4. OF DUE NOTICE REQUIRED OF AMENDMENT TO THE CONSTITUTION OF THIS CHURCH OR THESE CANONS.

Any and all Amendments proposed to the Constitution of this Church or these Canons, in order to be considered by any Meeting of the Holy Synod, or, until there be such, of the Synod of the Original Province of this Church, shall have received at least thirty (30) days due and written notice of such proposal(s) to the Primate of this Church or to the Metropolitan of the Original Province, as the case may be, and to all the members of the Council of Bishops, the Senate of Clergy, and the Assembly of laity, respectively, of that Synod concerned prior to any Meeting of that Synod wherein such Amendment is to be introduced for consideration, unless, and only except, that said Meeting of the Synod concerned shall have permitted such to be proposed and introduced for consideration by no fewer than a three-fourths (3/4) majority vote of the canonical quorum of each House thereof present and sitting, and upon the consent of the Primate or the Metropolitan of the Original Province of this Church, as the case may be.

  1. Canon 5. OF THE STANDING RULES FOR THE ORDER AND PROCEDURE OF THE HOLY SYNOD AND THE PROVINCIAL SYNODS.

(Reserved)

  1. Canon 6. OF THE STANDING RULES FOR THE PRESERVATION OF ORDER IN THE HOLY SYNOD AND THE PROVINCIAL SYNODS.

(Reserved)

  1. Title IX ECCLESIASTICAL COURTS
  2. Canon 1. OF THE DIOCESAN COURT OF THE ORDINARY OR THE CONSISTORY COURT.
  3. 1.01 To be in each Diocese or other such Jurisdiction of this Church.

In each Diocese of this Church and other such jurisdiction, there shall be a Diocesan Court of the Ordinary or Consistory Court, through which the judicial authority of the Ordinary shall be exercised, and the membership of which shall be determined by Diocesan Canon or Canons of other such jurisdiction, consistent with the principles of the Constitution of this Church.

  1. 1.02 Of the Jurisdiction of the Court.

The jurisdiction of the Diocesan Court of the Ordinary or the Consistory Court shall be as specified in the Constitution of this Church and all Canons thereof and by the Canons or regulations of that Diocese or other such jurisdiction concerned.

  1. 1.03 Of the President of the Court.

When a Bishop of a Diocese or other such jurisdiction does not preside in person in his Consistory Court, he shall appoint an Officialis or Official Principal as his deputy to preside in and on his behalf, and for and in his place and stead.

Appeals will lie therefore, in such instances, not to the Ordinary, but directly to the Court of the Metropolitan or the Provincial Court.

But such provision is not meant to be construed as a denial of the inalienable custom that any Diocesan or Ordinary of other such jurisdiction, may reserve unto himself the ancient right of presiding in his own person in his Diocesan or Consistory Court as judge on any occasion not in conflict with the Constitution and these Canons.

In such case, he may choose to associate with himself his Officialis or Official Principal to act as his Assessor.

  1. 1.04 Of the Church Advocate.

Each Bishop Ordinary of a Diocese or other such jurisdiction of this Church may appoint a Church Advocate to conduct prosecutions, or failing such appointment by the Ordinary, the Court may make such appointment as needed.

  1. Canon 2. OF THE COURT OF THE METROPOLITAN OR THE PROVINCIAL COURT.
  2. 2.01 Members of the Court.

Each Provincial Court shall consist of the Metropolitan, or his deputy, who shall be its President and shall preside over every session of said Court, and eight other members, chosen as follows:

(a) two of whom shall be Bishops chosen by the Council of Bishops of that Provincial Synod;

(b) three of whom shall be Clergymen chosen by the Senate of Clergy of that Provincial Synod; and

(c) three of whom shall be lay persons chosen by the Assembly of Laity of that Provincial Synod. Not fewer than two members of the Court shall be learned in the law.

  1. 2.02 Of the Terms of Members.

(a) Of Appointment.

At the regular- meeting of each Provincial Synod one Bishop shall be named to serve on the Court until the adjournment of the second regular meeting of that Provincial Synod thereafter, and one Clerical member and one Lay member shall be named to serve on the Court until the adjournment of the third regular meeting of that Provincial Synod thereafter.

Those named to the Court shall be chosen as set forth in Section 2.01 above of this Canon.

(b) Of Vacancies.

Vacancies occurring in the term of any member of the Court may be filled by the Metropolitan, with the advice and consent of his College of Bishops, from among the order wherein such vacancy occurred, to serve until the adjournment of the next regular meeting of the Provincial Synod concerned, at which meeting a member of that order shall be chosen by the appropriate House thereof to serve out the remainder of such unexpired term, if any.

(c) Of Members Chosen Before Adoption of this Section.

Members of the Court chosen or designated by the various respective Houses of the IV Provincial Synod of the Original Province of this Church shall be deemed to have been chosen for the terms specified in the official minutes of those Houses aforesaid in anticipation of the adoption and enactment of the provisions of this Section.

  1. 2.03 Of the Jurisdiction of the Court.

The jurisdiction of each Court of the Metropolitan or Provincial Court shall be as specified in the Constitution of this Church and all Canons thereof and by the Constitution and Canons of that Province concerned.

  1. 2.04 Of the President in the Court.

When the Metropolitan does not preside in person in his Provincial Court, he shall appoint an Officialis or Official Principal as his deputy to preside in and on his behalf, and for and in his place and stead. Appeals will lie, therefore, in such instances, not to the Metropolitan, but to the High Court of the Holy Synod. But such an appointment is not meant to be construed as a denial of the Metropolitan's custom to reserve to himself the ancient right of presiding in his Provincial Court in person as judge on any occasion not in conflict with the Constitution and these Canons.

In such case, he may choose to associate with himself his Officialis or Official Principal to act as his Assessor.

  1. 2.05 Of Appeals.

(a) Of the Reception of Appeals.

Each Metropolitan of this Church has within his Province the solemn duty and obligation of receiving appeals in his Provincial Court or the Court of the Metropolitan, as the case may be, from every Diocesan Court or Consistory Court or tribunal or the sentences, judgements, decrees, or decisions of the Ordinaries of that Province having jurisdiction therein.

(b) Of Conflict in the Hearing of Appeals.

Whenever an appeal is from the Metropolitan's own Diocesan Court, or from him as Ordinary, he shall appoint, by right, the next Bishop Ordinary senior by consecration in that Province, able and willing, to preside in his stead in that instance. If an appeal is from the Diocesan Court or from the Consistory Court of any Ordinary, or from any Diocesan or Bishop Ordinary on the Provincial Court or Court of the Metropolitan as aforesaid, the Court shall choose another Bishop of that Province, able and willing, so to sit in his stead in that instance.

(c) Of Suspensive Effect and Devolutive Effect in Appeals.

When an appeal shall have been commenced from any sentence, decision, judgement, or decree of any Diocesan or Consistory Court, tribunal, or Ordinary of that Province concerned by the giving and serving of notice of appeal as may be provided by applicable Canon or by Official Rule or Regulation of the subject appellate Court or tribunal, the Bishop Ordinary concerned or duly appointed Official thereof or Court or tribunal from whose sentence, decision, judgement, or decree such appeal is taken, shall not proceed to enforcement thereof as the appeal is under suspensive effect until further order of the appellate Court or tribunal; provided however, that no person holding Office or in Holy Orders who has been adjudged to be inhibited, suspended, deprived, deposed, removed, or degraded shall be entitled to exercise the powers or authority of his Order or Ministerial or other Office affected by such sentence, decision, judgement, or decree during the pending of the appeal; and further provided that no appeal under devolutive effect from a mandatory or prohibitory direction of the Bishop pr duly appointed Official thereof, having Ordinary Jurisdiction over the person, place, or thing so mandated or prohibited shall stay such direction or excuse non-compliance therewith, except it seem good to the Metropolitan of that Province concerned.

  1. 2.06 Of the Church Advocate.

Such Metropolitan aforesaid may appoint a Church Advocate to conduct prosecutions in his Provincial Court, or Court of the Metropolitan, or failing such appointment by that Metropolitan, that Provincial Court or Court of the Metropolitan concerned, as the case may be, may make such appointment as needed.

  1. Canon 3. OF THE TRIAL OF BISHOPS.

Each Court of the Metropolitan or Provincial Court of this Church has the jurisdiction and competency to try any Bishop of that Province concerned subject to the authority of this Church as follows:

  1. 3.01 Of Membership of the Court.

Whenever there shall be a trial of any Bishop of that Province, the said Provincial Court or Court of the Metropolitan, as the case may be, shall appoint at least a majority of the College of Bishops of that Province concerned, not being the accused or accusers, to sit as co-judges with the Court.

  1. 3.02 Of Presiding at Trials of Bishops.

In every trial of a Bishop, the Metropolitan of that Province concerned shall, in his own Person Metropolitical, sit as the president of the Court himself with his Official Principal. In cases wherein the Metropolitan himself be the accused or accuser, the next Bishop Ordinary senior by consecration of that Province, himself not the accused or an accuser, shall sit as the President with his Official Principal for that instance.

  1. 3.03 Of Jurisdiction.

Such Court aforesaid shall be competent to receive accusations against and to censure, suspend, deprive, or depose the Metropolitan of that Province, the Bishop Ordinary of every Diocese or other such jurisdiction, every Bishop Co-adjutor, Bishop Suffragan, Auxiliary Bishop, or Assistant Bishop, and every other Bishop or Archbishop exercising his ministry in that Province concerned or to acquit any of the aforesaid Bishops of any such accusations.

  1. 3.04 Of Offences.

No proceedings shall be taken against any Metropolitan, Archbishop, or Bishop of a Province in the said Provincial Court, or Court of the Metropolitan, except if he be charged with:

(a) Any crime or immorality;

(b) Advisedly holding and teaching or maintaining heretical

or false doctrines or any doctrine contrary to those held by this Church, either publicly or privately, or by preaching, writing, printing or circulating articles or books containing such doctrines;

(c) Wilful violation of The Solemn Declaration or of The Preamble or of any other part of the Constitution of this Church or of the Canons of this Church;

(d) Wilful violation of the Constitution or Canons both, of that Province concerned;

(e) Wilful violation of the Constitution or Canons, or both, of that Diocese or other such jurisdiction concerned;

(f) Wilful violations of the Worship of this Church;

(g) Wilful violations of the Discipline of this Church or the wilful failure to maintain Ecclesiastical Discipline;

(h) Wilful, persistent, or continuous neglect of duty; or

(i) Any of them, as the case may be.

  1. 3.05 Of Charges to be in Writing.

No charge against any Bishop of this Church shall be made except in writing, and it shall be signed by any Bishop of that Province concerned or the lesser of the majority or five Priest members of his Diocesan Synod or Synod of other such jurisdiction and five lay communicants in good standing of that Diocese or other such jurisdiction concerned of such Metropolitan, Archbishop, or Bishop.

  1. 3.06 Of Judgement to be in Writing.

The sentence, decree, judgement, or decision of such Court aforesaid on all charges shall be deliberated in private and endorsed in writing by at least a majority of members of the Court sitting. The President of the Court shall declare the sentence, decree, judgement, or decision of the Court on each charge as being either unanimous or by a majority.

  1. Canon 4. OF THE HIGH COURT OF THE HOLY SYNOD.
  2. 4.01 Of Membership of the Court.

The High Court of the Holy Synod shall consist of the Primate of this Church, the Metropolitans, and no fewer than thirteen other members, chosen as follows:

(a) three of whom shall be other Bishops of this Church chosen by the Council of Bishops of the Holy Synod;

(b) five of whom shall be Clergymen chosen by the Senate of the Clergy of the Holy Synod; and

(c) five of whom shall be Lay Assessors chosen by the Assembly of the Laity of the Holy Synod.

Such Lay Assessors shall be communicants of this Church in good standing and shall be learned or experienced in the Law or in Canon Law, or both.

The terms of tenure of Members of High Court of the Holy Synod shall be as determined by Canon of the Holy Synod.

  1. 4.02 The Primate to be President of the Court.

The duty of presiding in the High Court of the Holy Synod shall belong in the first place to the Primate, who shall be its President; next, to the Metropolitans in the order of seniority; next, to such Bishop as may be elected President by the Bishops sitting on the Court.

  1. 4.03 Of the Jurisdiction of the Court.

The jurisdiction of the High Court of the Holy Synod shall be so specified in the Constitution of this Church and the Canons thereof.

4.04 The High Court of the Holy Synod of this Church shall, at the request of any Diocesan Synod or Synod of other such jurisdiction, or of any Provincial Synod, or the College of Bishops of any Province, or the College of Bishops of this Church, or of the Holy Synod or of any House thereof, have authority to determine whether any Canon or Act passed by the Holy Synod, or by the Synod of any Province, or by the Synod of any Diocese or other such jurisdiction is constitutional or ultra vires.

  1. Canon 5. OF RULES OF PROCEDURE.

Each Court of this Church may, from time to time, make such Official Rules or Regulations, or both, as to that Court may seem expedient for regulating the practice and procedure thereof, and every matter deemed expedient for preventing expense and delay, and for securing the ends of justice; and each such Court may, from time to time, suspend, repeal, vary or revive any such rules and regulations, but no such order made by that Court shall have the effect of altering any matter defined by the Constitution of this Church or by Canons enacted pursuant thereto. Copies of the current Official Rules or Regulations, or both, shall be made available to all persons summoned before such Court.

  1. Canon 6. OF POWERS TO COMPEL ATTENDANCE.

Each Court of this Church shall enjoy all powers for compelling the attendance of witnesses and for the gathering of evidence. Specifically, any witness or person charged, who shall have been thrice canonically summoned in writing to appear before any Court of this Church, shall be liable to the fullest ecclesiastical sanctions for contumacy if, without just excuse, he shall fail to appear.

  1. Canon 7. OF APPARITORS OR SUMMONERS.

Each presiding judge of a Court of this Church shall appoint an Apparitor or Summoner for that Court concerned, whose duty shall be to keep order in such Court, and to serve, or see to the serving of, the notices and summonses of such Court upon the persons concerned.

  1. Canon 8. OF THE RIGHTS OF THE ACCUSED.

Any person against whom charges are preferred in an adjudicative proceeding of this Church shall be given:

(a) Due and prompt written notice and citation or Citatio Rei of the charges preferred and under which provisions of the Laws Ecclesiastical the offences are held to have occurred;

(b) Reasonable notice prior to the institution of formal proceedings shall be given to any accused for the answering of said charge, and for the summoning of witnesses and the gathering of evidence;

(c) No charge shall be considered as substantiated or proven except by good and sufficient evidence or by no fewer than two sworn witnesses known as Promoters;

(d) The right to counsel or expert advice of one knowledgeable in the Canon Law and the judicial process of the Church.

(e) The right to challenge the impartiality of one or more members of the Court or tribunal concerned, and should such a challenge be sustained by such Court or tribunal, that Court or tribunal concerned shall designate an impartial substitute for that particular case, cause, or matter concerned.

(f) The right to examine and question all witnesses, depositions, testimonies and any and all other relevant documents;

(g) The privilege against self-incrimination;

(h) Open proceedings, unless waived by all parties concerned;

(I) A transcript or other record of the proceedings and any sentences, decrees, decisions, or judgements thereof, and

(j) To entry of a sentence, decree, decision, or judgement of Not Proven unless a sentence, decree, decision, or judgement of Proven is endorsed in writing by a majority of the Court sitting.

  1. Canon 9. OF MARRIAGE TRIBUNALS.

In each Diocese, Missionary Diocese or Missionary District, or other such jurisdiction within or of this Church there shall be a Marriage Tribunal through which the Bishop Ordinary thereof, respectively, may exercise his authority and jurisdiction in Causes Matrimonial. This Tribunal shall consist of any number or numbers of members having such qualifications as that Bishop Ordinary may deem suitable, who shall be appointed by the said Bishop Ordinary for such term or terms of tenure of Office as shall be fixed by the Synod of that Diocese, Missionary Diocese or Missionary District, or other such jurisdiction concerned. Such Tribunal shall adopt rules governing its authority and procedures, and also rules governing review of its decisions, sentences, decrees, or judgements by that Bishop, but nothing shall be adopted as such rule of procedure or other rule which shall restrain appeals from its or the aforesaid Bishop's decision or decisions, sentences, decrees, or judgements, except insofar as restrained by Sections 2, 4, and 5 of Article X of the Constitution of this Church.