2.1 Churches and church universal

According to the Statement of Principles of Christian Law, a church may define itself by its autonomy, polity, and objects. It is a community which may be international, national, regional, or local. It has a distinct membership, or other body of persons associated with it, who are organized in territorial or non-territorial units such as provinces, districts, or congregations, and it is autonomous in its system of governance or polity. A church has among its objects the advancement of the mission of Jesus Christ, which includes proclaiming the gospel, administering the sacraments, and serving the wider community (Statement of Principles of Christian Law 2016, hereafter Principles: I.1.1–5).

In the words of Codex Iuris Canonici (1983, hereafter CIC) and Lumen Gentium (1965, hereafter LG), the Roman Catholic Church is a global or ‘universal’ church in which ‘subsists’ the ‘church universal’; it exists for ‘the salvation of souls to preach the Gospel to all people’ and ‘proclaim moral principles’, to worship and administer the sacraments, and to govern the faithful. In turn, the universal church includes particular churches, such as a diocese which is under a bishop (CIC: books II-IV; LG: 1, 9, 10–11). In comparison, an autonomous Anglican Church is a member of the global Anglican Communion, and asserts its place in the ‘church universal’; its objects include to ‘minister the doctrine and sacraments and discipline of Christ’, respond to human need, and establish ‘the values of the Kingdom’ of God: this is according to the Principles of Canon Law Common to the Churches of the Anglican Communion (hereafter PCLCCAC), launched at the Lambeth Conference in 2008, Principle 10. The Protestant traditions tend to focus more on the local: for example, for Baptists a church is defined as the local church and congregation. The Baptist World Alliance consists of autonomous member churches and other bodies, such as Baptist Unions and Conventions of local churches (Constitution of the Baptist World Alliance 2020, hereafter BWA: Preamble and Article II). Similarly, within the Eastern Orthodox tradition, the Greek Orthodox Archdiocese of America (under the Ecumenical Patriarchate of Constantinople) exists ‘to proclaim the Gospel of Christ, to teach and spread the Orthodox Christian Faith, to energize, cultivate and guide the life of the Church’, to sanctify ‘the faithful through the Divine Worship, especially the Eucharist and other Sacraments’, to build up ‘the spiritual and ethical life of the faithful’, and to serve as ‘a beacon, carrier and witness of the message of Christ to all persons who live in the [USA]’ (Greek Orthodox Archdiocese of America, hereafter GOAA: Charter, Article 1).

2.2 The Bible and church law

There is no global system of formal law which is applicable to all institutional churches; rather, each institutional church within the various traditions has its own body of law, order, or polity. However, there are principles of church law common to the historic churches of contemporary worldwide Christianity, and their existence can be factually established by empirical observation and comparison. The principal source of law for the Roman Catholic Church is the Code of Canon Law 1983. Anglicans too recognize that church ‘[l]aw should reflect the revealed will of God’ (PCLCCAC: Definitions, ‘Law’; Principle 2), and the laws of their churches (e.g. ‘constitutions’, ‘canons’) present holy scripture as the ultimate standard and rule in matters of faith. Lutherans recognize ‘the Holy Scriptures as the sole norm for the faith and the life of the church’, and Lutheran churches have constitutions, rules, and regulations (Rules and Regulations of the Lutheran Church of Great Britain 2016, hereafter LCGB: RAR).

2.3 Purposes: church order and mission

Firstly, church law exists to serve a church in its mission and in its witness to the salvific work of Christ. Laws contribute to constituting the institutional organisation of a church, and facilitate and order its activities. Theology may shape law, and law may realize theological propositions in norms of conduct and behaviour, and church laws should conform to the law of God as revealed in holy scripture and by the Holy Spirit (Principles: I.3). For example, the rules of the Presbyterian Church of Wales seek ‘to safeguard the unity of the Church, and to secure uniformity in the procedures of its courts’ (Handbook of Rules 1.2). Likewise the model constitution of the United Reformed Church in Great Britain is designed to ‘signify collective identity’, ‘satisfy the outside world’, ‘make the Church’s working transparent’, and ‘obviate later disagreement within the fellowship’ of the church.

Secondly, as to their scope, structure, and binding effect, church laws principally deal with ministry, government, doctrine, worship, rites, admonition and discipline, and property. They consist of various juridical formulae (e.g. precepts, prohibitions, and permissions), they may be cast as rules, rights and duties, functions and powers, and they may be binding or exhortatory. Moreover, all members of a church are subject to its laws, to the extent that the law provides. Later laws may abrogate earlier laws. Laws should be prospective (not retrospective, unless this is clearly provided for in them), and they should be clear, stable, and coherent. Also, a church may have in place a mechanism for the enforcement and vindication of the rights and duties of the faithful (Principles: I.4). For example, Church of England clergy must obey the lawful and honest directions of their bishops (Canons of the Church of England: Canon C14), but the canons bind clergy and not (of their own force) the laity. Similarly, a precondition of admission to the Lutheran Church is acceptance of its constitution and bylaws (LCGB: RAR: Congregations, 1).

Thirdly, a church law may be relaxed by competent ecclesial authority, by means of dispensation, economy, or other form of equity, for the spiritual good of the individual and the common good of the church, to the extent provided by the polity of a church (Principles: I.4). For example, in Roman Catholic canon law, dispensation is ‘the relaxation of a merely ecclesiastical law in a particular case’, which may be granted ‘within the limits of their competence, by those who have executive power, and by those who either explicitly or implicitly have the power of dispensing, whether by virtue of the law itself or by lawful delegation’; and dispensation must not be granted without ‘a just and reasonable cause’ (Code of Canon Law cc. 87–93). In a somewhat more limited sphere, within Presbyterianism, for example in the United Free Church of Scotland, the General Assembly has a nobile officium: ‘the power of the General Assembly, as Supreme Court is to act in special circumstances beyond or even against its own rules and forms of procedures’ as ‘shall seem to the General Assembly right and needful for doing justice in the particular case’ (Manual of Practice and Procedure).

3.1 The people of God and church membership

‘Baptism constitutes the incorporation of a person into the Church of Christ’ (Principles: VII.1.3). Some historic churches expressly use the category of church ‘member’ in their legal instruments, others do not. Nevertheless, each church has an identifiable group of the faithful associated with it. The Christian faithful constitute the people of God. All the faithful should be equal in dignity. Baptism generates duties and rights for the faithful. The faithful include lay and ordained people (Principles: II.1.1–4). In terms of ‘church membership’ and other forms of belonging, a church is made up of those incorporated into it in accordance with its proper laws and customs. However, a church should serve, in appropriate ways, all who seek its ministry, regardless of membership. Membership in a church, for the purposes of participation in its government, may be based on any or all of: baptism; baptism and confirmation, or another mature demonstration of faith; and such other conditions as may be prescribed by law. The names of persons belonging to a church may be entered on one or more rolls or other registers of membership, subject to such conditions as may be prescribed by law. Names may be removed from such rolls and registers in accordance with the law (Principles: II.2.1–4).

Firstly, according to Roman Catholic canon law, the faithful constitute the ‘people of God’ and each ‘participates in their own way in the priestly, prophetic and kingly office of Christ’. Moreover, each is called according to his/her own condition ‘to exercise the mission which God entrusted to the Church to fulfil in the world’ (CIC: canon 204). However, by ‘divine institution, among Christ’s faithful there are in the Church sacred ministers, who are in law also called clerics; the others […] lay people’ (CIC: canon 207). The same distinction exists in Anglicanism: ‘the laos is the whole people of God, but for the purposes of law, a lay person is a person who is not in holy orders.’ Yet, all persons are ‘equal in dignity before God’ and ‘as human beings created in the image and likeness of God [are] called to salvation through Jesus Christ’ (PCLCCAC: Principles 25.1 and 26). By way of contrast, the juridical instruments of a local Baptist church present the congregation as a manifestation of the body of Christ, but for some the congregation is composed of ‘members’ and ‘ministers’ and for others it is composed of ‘members’ and ‘ordained ministers’. However, these instruments do not yield a full juridical treatment of the equality of each category of ecclesiastical person.

Secondly, in Roman Catholic canon law the term ‘member’ is not generally used to designate a person who belongs to the church. Rather, as seen above, the fundamental category is that of ‘Christ’s faithful’ who constitute the people of God. At the local level, a parish, for example, is a ‘community of Christ’s faithful established within a particular church’ (CIC: canon 515). Presbyterians define membership of the institutional church, impose conditions for admission to it, and provide for membership rolls. The Presbyterian Church of Wales is typical: ‘The meaning and standards of membership are based on our doctrine regarding the nature and purpose of the Church of God on earth’. Accordingly, the admission of a new member is ‘a responsible act on the part of all members of a local church under the guidance of the Minister and/or the Elders’ (The Presbyterian Church in Wales: Handbook of Order and Rules 2020, hereafter PCW: HOR II: Membership and Model Constitution Article 4).

3.2 Christian discipleship

The law of a church should generally set out the basic rights and duties of all its members. The laity should promote the mission of the church, and bear witness to the Christian faith through their lives in the world. A lay person should engage in the collective ecclesial life, in proclaiming the Word of God, participating in worship, and receiving the sacraments. Lay persons should maintain such Christian standards in their private lives as are prescribed by church law, and are encouraged to practise daily devotion, private prayer, Bible reading, and self-discipline, bringing the teaching and example of Christ into everyday life, upholding Christian values, and being of service to both the church and the wider community (Principles: II.3). Lay persons may also exercise public ministry when allowed by church law (Principles: II.4).

Roman Catholic canon law distinguishes the duties and rights of all the faithful – lay and ordained – as well as those specifically applicable to the laity. When incorporated by baptism into the church of Christ, each of the faithful has ‘such duties and rights which, in accordance with each one’s status, are proper to Christians, in so far as they are in ecclesiastical communion and unless a lawfully issued sanction intervenes’ (CIC: canon 96). Within Eastern Orthodoxy, for example, the regulations of the Greek Orthodox Archdiocese of America state: ‘The religious, moral and social duties of a parishioner’ are to ‘adhere to and live according to the tenets of the Orthodox faith; faithfully attend the Divine Liturgy’ and other services; participate regularly in the holy sacraments; respect all ecclesiastical authority and all governing bodies of the Church; be obedient in matters of faith, practice, and ecclesiastical order; contribute towards the progress of the Church’s mission; and be ‘an effective witness and example of the Orthodox faith and Traditions to all people’ (Regulations, Article 18).

The same is found in Anglicanism where there are duties and rights. Two types of right are envisioned – inherent rights and acquired rights:

all persons, equal in dignity before God, have inherent rights and duties inseparable from their dignity as human beings created in the image and likeness of God and called to salvation through Jesus Christ; however, baptism is the foundation of Christian rights and duties, and a church should respect both sets of rights and duties. (PCLCCAC: Principle 26.1–3)

The Reformed churches also speak of the ‘rights and privileges’ and ‘privileges and responsibilities’ of church membership. These clearly reflect the interconnectedness of the faithful, their responsibility for mutual assistance, and the interplay of both duties and correlative rights, and rights and correlative duties (United Reformed Church: The Manual, hereafter URC Man.: A.19).

3.3 Excommunication

The status of a Christian is generally regarded as indelible, and few churches have norms on apostasy. However, whilst in Roman Catholic canon law there is no provision for formal defection from the Catholic Church (CIC: canon 11), apostasy is described as ‘the total repudiation of the Christian faith’. For laity, the penalty is automatic excommunication, and for clerics it is excommunication, suspension, deprivation, or penal transfer (CIC: canon 751, 1364, 1323–1324).

Nevertheless, church laws may provide for the termination of membership of the institutional church and for the removal of names from church rolls and registers in accordance with the law (Principles: II.2.1–4). Methodist law is typical:

a member, who in the judgment of the Church Council, has persistently failed to fulfil the Obligations of Membership, despite being reminded of those obligations, shall be regarded as having withdrawn from membership of the church and their name shall be removed from the Membership Register. (Methodist Church in Ireland: Regulations, Discipline and Government, hereafter MCI RDG, 2.08)

Churches also provide for the withdrawal of spiritual benefits, short of terminating membership, by means of excommunication. In Anglicanism, no minister shall without lawful cause deny the Holy Communion to a baptized Christian who devoutly and humbly desires it. In the Church of England, this is a prohibition imposed by the civil law in the form of a Reformation parliamentary statute still in force – the Sacrament Act of 1547. However, a person may be denied Holy Communion, in the absence of repentance and amendment of life, for living openly in grievous sin or contention, causing scandal to the congregation, or bringing the church into disrepute (PCLCCAC: Principle 69).

4.1 Setting apart for ordained ministry

Churches tend to designate persons for ministry in a special rite, normally called ordination. Ordained ministry is divine in origin and persons are set apart for it. A church may distinguish between different types of ordained minister. Candidates for ordination must be called by God and by the church to ordained ministry. Vocation to and suitability for ordination are tested by the church through a process of selection, examination, and training by a competent authority. Persons are generally admitted to ordained ministry through ordination. Ordination is administered by a competent authority by means of the laying-on of hands and invocation of the Holy Spirit (Principles: III.1).

For the Roman Catholic Church ordination is a sacrament: ‘By divine institution some among Christ’s faithful are, through the sacrament of order, marked with an indelible character and are thus constituted sacred ministers’; the orders are the episcopate, the priesthood and the diaconate. (CIC: cc. 1008–1009). It is a principle of Anglican canon law that ordination cannot be repeated – orders are indelible (PCLCCAC: Principle 32). Likewise, in Reformed and Presbyterian churches, ordained ministry is seen as instituted by Christ. The ‘officers of the Church’ generally fall into two categories: elders (teaching and ruling) and deacons (PCW: HOR: 2.6). In the Baptist tradition, whether a local church subscribes to ordination is a matter for that church – some ordain, but others do not (Baptist Union of Great Britain: Baptists in Local Ecumenical Partnerships, hereafter BUGB BLEP: Section 3).

4.2 Appointment to ecclesiastical office

Ministers are assigned to ecclesiastical offices which are a position constituted by law. Such offices exist independently of the person who occupies them; they enable the discharge of functions of the particular ministry attaching to them; they may be held by a person(s) with such qualifications as are prescribed by law; and they are filled by a variety of means, often by appointment or election. The jurisdiction or authority which attaches to an office is determined by or under law. Authority attached to an office may be delegated to the extent provided by law. The authority to exercise ecclesiastical office ceases upon lawful dissolution of the office, expiration of the stated term of office, attainment of the prescribed age limit, or the death, resignation, transfer, retirement, or removal of the office holder (Principles: III.2).

In the Roman Catholic Church, only clerics may obtain offices which require the power of order and governance. Clerics have no right to an ecclesiastical office, but, unless lawfully excused, must accept and faithfully discharge the office committed to them by their bishop (CIC: canon 274). Every cleric must be incardinated in (or tied to) a particular church (generally a diocese; CIC: canons 265–272). However, in the Methodist Church in Great Britain, ministers are stationed by the (national) Conference. ‘Stations’ means

the comprehensive list adopted annually by the Conference for the ensuing connexional year of ministers, deacons, probationers, arranged according to Circuits, institutions, offices and other spheres of work to which they are appointed or in which they are authorised to serve. (Methodist Church of Great Britain Constitutional Practice and Discipline, hereafter MCGB 2009: Deed of Union 1)

Churches also provide for the removal of ministers. In the Roman Catholic Church, office is lost on the expiry of a predetermined time, reaching the age limit defined by law, resignation, transfer, removal, and deprivation (CIC: canons 184–189). The parish priest must offer their resignation at the age of seventy-five (CIC: canon 538). Provision is made to relinquish the clerical state for the lay state (CIC: canon 293). In Anglicanism, clergy may tender a resignation to the bishop but must resign or may be removed if their incapacity or unfitness to discharge ministry is lawfully established. Clergy must retire from office at the age fixed by law but may continue in ministry with the approval of the bishop or other competent authority in the manner and to the extent prescribed by law (PCLCCAC: Principle 47). Reformed churches also provide for resignation, retirement and removal (A.21); it is the local Baptist church which receives the resignation of a minister/pastor and terminates their ministry in that church (BUGB BLEP: section 2).

4.3 The functions of ordained ministers

Ordained ministers must be duly authorized by their church in order to exercise ministry. Ministers are to preach the Word of God, teach the faith, administer the sacraments, and provide pastoral care. They should fashion their ministry after the example of Christ and must lead their private lives in a way that befits their sacred calling. They may engage in such other occupations – including offices held beyond the local church – as are not forbidden by church law or a competent authority. Further, ministers are accountable for the exercise of their ministry to the competent church authority in the manner prescribed by law (Principles: III.3).

Within the Orthodox tradition, the Orthodox Church in America – like the Roman Catholic Church under its Code of Canon Law – distinguishes between the common ministry of all clergy (priests and deacons) and the specific ministry of parish clergy who are, for instance: ‘strictly required to observe the teachings of the Church, regarding Christ, the Sacred Scriptures and Holy Traditions’; under the ‘complete authority’ of the diocesan hierarch; to be examples ‘through payer and fasting’ and ‘not abstain from the Eucharist’; and each of whom is to serve as ‘the spiritual father of his parish’ and ‘treat his parishioners, his parochial family, as a father treats his children, i.e. with love, kindness, patience and understanding’; as such the parish priest must, among other things, deliver homilies, provide liturgy, instruct the faithful, visit parishioners (especially the sick), direct parish life, and work with the parish council (Guidelines for Clergy).

In Anglicanism too there are particular functions. There are deacons who, among other things, must care for people in need and assist the priest, and priests, who must, among other things, proclaim the gospel through preaching and teaching, administer the sacraments, and provide pastoral care (PCLCCAC: Principle 33.1–6). In Methodism – whether as presbyters or deacons – ministers are to preach the word, administer the sacraments, and provide pastoral care (MCGB 2009: 701.7–8).

Ministry is also subject to oversight, an essential feature of ecclesial order. A church may have a system of international oversight or leadership. International church offices include those of pope, patriarch, primate, president, moderator, or general secretary. These are appointed or elected to office by a competent ecclesial authority. A church may assign to an office of oversight a coercive jurisdiction or a moral authority (Principles: III.4). In the Roman Catholic Church, oversight of local ministry is done by the bishop: bishops entrusted with a diocese are ‘diocesan bishops’ (CIC: canons 375, 376). Anglicanism is similar: oversight by bishops is fundamental to church polity (PCLCCAC: Principle 15.10). By way of contrast, the Methodist Church in Great Britain employs the concept of ‘superintendence’ for the oversight of a district (which consists of circuits of local churches). Each district has a chair who presides over the District Synod, which is responsible for ‘the observance within the District of Methodist order and discipline’. It is also ‘the duty of the Chair to exercise oversight of the character and fidelity of the ministers’ and to make an annual visitation of the circuit churches (MCGB 2009). And in Presbyterianism, the regional Presbytery exercises oversight, leadership, and encouragement to ministers, office-holders, and congregations in the Presbytery; normally, the Presbytery elects a moderator from amongst the ministers, elders, and deacons of the Presbytery to hold office for one year and to call the meetings of the Presbytery (PCW: HOR: 3). Similar functions are performed by the presidents in the United Reformed Church in Great Britain under its Manual.

5.1 Church conferences, synods, and assemblies

It is commonly understood that there are three principal forms of church polity in terms of governance – Episcopal, Presbyterian, and Congregational. Christ is the ultimate head of the church universal in all its manifestations. A system of government used by a church reflects its conception of divine law. A church should have institutions to legislate, administer, and adjudicate for its own governance. An ecclesial institution has such power, authority, or jurisdiction as is assigned to it by law, it must comply with the law, and it may be subject to such substantive and procedural limitations as may be prescribed by law. Ecclesial institutions may be organized at international, national, regional, and/or local level (Principles: IV.1).

An ecclesial tradition may have an international organisation in the form of a church, communion, federation, or other global association, with a structure as may be constituted by or assigned to it under its doctrine and law (Principles: IV.2). In the Roman Catholic Church, with the pontiff, the College of Bishops exercises power over the universal church, and its decrees – if confirmed by the Pope – are to be observed by all the faithful; administration is conducted by the Roman Curia. In the Orthodox tradition, a Patriarch will enjoy (with the appropriate Holy Synods) such authority over the autocephalous (appointing its own head) and autonomous churches within the Patriarchate as is prescribed by the Holy Canons and relevant charters. In Anglicanism and the Protestant traditions, however, the position is different. In Anglicanism, the Archbishop of Canterbury has no general jurisdiction exercisable over the autonomous churches of the worldwide Anglican Communion, but has a ‘primacy of honour’ as a ‘focus of unity’, and may exercise a limited metropolitical jurisdiction if this is assigned by the laws of a church (PCLCCAC: Principle 11.4). The President of the Lutheran World Federation, the President of the World Communion of Reformed Churches, and the President of the Baptist World Alliance each exercise a general oversight over their respective global bodies but, like these international collective entities, they exercise no coercive jurisdiction over members.

A tradition may have a national organisation. A church or other ecclesial community organized at national level may have such institutional structure as is prescribed by the legal rules applicable to it. The functions of a national ecclesial entity, and its conference, synod, council, or other central assembly, may include the authority to legislate, administer, and adjudicate on matters within its competence. The institution is composed of such members of the faithful as are elected or otherwise appointed to it in accordance with the law (Principles: IV.3).

In the Roman Catholic Church, the national Episcopal Conference – ‘the assembly of the Bishops of a country or of a certain territory’ – must draw up its own statutes (to be reviewed by the Apostolic See; CIC: canons 435–458). Not unlike Eastern Orthodoxy, with its autocephalous and autonomous churches (within an international Patriarchate) and dioceses, the Anglican Church consists of one or more province(s) (and the dioceses within them). The central organ of government is the national assembly, styled variously as the General Synod (as in England) or Governing Body (in Wales). It is composed of three Houses (or Orders) – bishops, clergy, and laity – with representatives elected under elaborate legal rules (Synodical Government Measure Church of England 1969). Likewise, within Methodism, a national Conference of the Methodist Church in Great Britain is responsible for ‘the management and discipline’ of the church, and the District Synod is a link between the Conference, circuits, and local churches. Similarly, a Presbyterian Church has a General Assembly, its highest court composed typically of teaching elders from (regional) Presbyteries and ruling elders from the local (Kirk) Sessions. By way of contrast, in the Congregational tradition of church polity (such as the Baptist Church), in which the fullness of the Church of Christ is vested in the local church, the national institutions have more limited jurisdictions.

5.2 Dioceses, circuits, and presbyteries

The form and authority of any regional assembly depend on the polity of the tradition in question, whether Episcopal, Presbyterian, or Congregational. Regional ecclesial organisations therefore may be in the form of a diocese, eparchy, synod, district, classis, presbytery, association, or other regional unit. A regional institution exercises such authority and functions as are conferred on it by the ecclesial community to which it belongs, or by the constituent churches associated with it. A regional assembly or other institution is composed of such members of the faithful as are elected or otherwise appointed to it by those competent to do so under the law (Principles: IV.4).

Under Roman Catholic canon law, a diocese is a portion of the people of God entrusted to a bishop, who nurtures it with the cooperation of the presbyterate. The diocesan bishop ‘governs the particular church […] with legislative, executive and judicial power, in accordance with the law’. The Diocesan Synod assists the bishop, and consists of clergy and laity elected by the Diocesan Pastoral Council (CIC: canons 368–369). Similar structures are found in Anglicanism (PCLCCAC: Principle 20). In Presbyterian polity, the Presbytery is a court which gives spiritual leadership to the ministers, officers, and congregations within its bounds. It appoints a moderator (minister, elder, or deacon responsible for order) and a clerk, has a membership of an equal number of ministers and representative elders elected by the Kirk Sessions, and meets to legislate, adjudicate on disputes, and administer its affairs (The Constitution and Laws of the Church of Scotland 1997, hereafter CLCS, Act VII).

5.3 Local ecclesial units

Regional ecclesial units may be divided into, or constituted by, local churches or congregations existing at the most localized level, in the form of a parish, circuit, congregation, or other ecclesial unit. Its assembly, such as a council, meeting, session, or other body, has such authority and functions as are lawfully inherent to it, or conferred on it by the institutions of the wider ecclesial entity to which it belongs. It, in turn, is composed of those members of the faithful who are lawfully elected or otherwise appointed to it. All ecclesial units at each level are interdependent (Principles: IV.5). Lay people may be elected to these institutions and hold offices associated with them. Indeed, the law should enable the laity to exercise public ministry in those offices or other positions lawfully open to them. They may be admitted to such offices and positions if they are suitable, qualified, selected, and admitted by competent ecclesial authority for such a term as is prescribed by law. Lay ministers and officers exercise such public and representative ministry in or on behalf of a church, and perform such functions as may be prescribed and permitted by its law. The authority to discipline, dismiss, or reappoint a lay minister or officer depends on (and its exercise must comply with) church law (Principles: II.4).

In Roman Catholic canon law, each diocese is divided into parishes (CIC: canon 374). The pastoral care, under the diocesan bishop, is entrusted to a parish priest. A parish has juridical personality, and the bishop alone is competent to erect, suppress, or alter parishes (CIC: canon 515). A parish generally has a pastoral council at which the pastor presides. Similarly, an Anglican diocese consists of more localized ecclesial units, such as archdeaconries and deaneries, and parishes within these, the territorial organisation of which is usually in the keeping of the diocesan assembly. Each parish is governed by an assembly (typically a parochial church council) consisting of clergy and representatives of the laity elected at an annual meeting. In Presbyterianism, the Session (Kirk Session or Council) is the court of the local church (CLCS, 103, Act XVII). Within the Orthodox tradition – for example in the Romanian Orthodox Church – each diocese is divided into parishes, and a parish is ‘a community of Orthodox Christians under the supervision of the diocesan bishop and guided by a rector; parish boundaries are determined by the Diocesan Council’. Each parish also has its own local institutions of governance working together with the local clergy (Romanian Orthodox Church [ROMOC], Statutes, Articles 43–48).

6.1 The interpretation of church law: Christian texts and contexts

It is understood that the laws of the churches should be interpreted by reference to their text, context, and precedent. A church has authority to interpret its own law, and for the interpretation of law recourse may be had to the purposes of the law, the mind of the legislator, and the faith and practice of the church (Principles: I.5).

There is no system of binding judicial precedent in Roman Catholic canon law. The decision of a church court or tribunal does not have the status or force of law: it binds only the parties involved to it and it affects only the matter for which it was given (CIC: canons 16,17, 19). However, for Anglicans: ‘The decision of a church court or tribunal has such binding or persuasive authority for other courts or tribunals as may be provided in the law’ (PCLCCAC: Principle 24.14). Among the Protestant traditions, Methodists have much the same approach (MCGB 2009: 1).

6.2 Quasi-judicial processes: hierarchical recourse and visitation

Administration of discipline is regulated by norms on the purpose and scope of discipline, and processes to enforce it. A church as an institution has the right to enforce discipline and to resolve conflicts amongst the faithful. The right to exercise discipline has various foundations, including divine and spiritual authority. A church may exercise discipline in relation to both lay and ordained persons to the extent provided by law. Discipline is exercised by competent authority in accordance with law (Principles: V.1). Moreover, ecclesiastical disputes may be settled by a variety of formal and informal means including administrative processes. The competent authority may settle the matter without resorting to formal judicial process, in the manner and to the extent provided by law. Anyone who has a sufficient interest in the matter may challenge a decision by recourse to the relevant and competent authority.

The rules on the informal resolution of disputes vary somewhat between the Christian traditions, not least in terms of the institution which possesses authority to settle disputes quasi-judicially. In episcopal churches, the bishop plays a central role; in churches with a Presbyterian polity it is the regional presbytery and its officers; and in a church which has a congregational polity, it is the local congregation and its officers. Two common mechanisms are hierarchical recourse and visitation – both have adjudicative aspects. Hierarchical recourse rules allow a complainant to appeal against a decision or conduct of a person or body to the superior of that person or body. This process is predominantly administrative, without recourse to a church court or tribunal, though the determination by the superior has a quasi-judicial element in the establishment of facts and the application of norms. While hierarchical recourse involves an appeal which ascends to a superior ecclesial authority or an arbitrator, visitation is a process by which an institutional authority descends to a lower unit to investigate, maintain, and improve its discipline.

6.3 Christian courts and tribunals

A church may have a system of courts, tribunals, or other such bodies to provide for the enforcement of discipline and for formal and judicial resolution of ecclesiastical disputes. Such bodies may exist at international, national, regional, and/or local level to the extent permitted by the relevant law. They are established by a competent authority, administered by qualified personnel, and may be tiered with original and appellate jurisdiction. They exercise such authority over the laity and ordained ministers as is conferred upon them by law. With regard to due process, every effort must be made by the faithful to settle their disputes amicably, lawfully, justly, and equitably, without recourse in the first instance to church courts and tribunals. Formal process is mandatory if church law or civil law require it. Judicial process may be composed of informal resolution, investigation, a hearing, and/or such other elements as prescribed by law including an appeal. A church may also have a system of ecclesiastical offences. These, and defences to them, are to be clearly defined in writing and a court tribunal must give reasons for its finding of breach of church discipline. A church has a right to impose spiritual and other lawful censures, penalties, and sanctions upon the faithful, provided a breach of ecclesiastical discipline has been established. Sanctions may include admonition, rebuke, removal from office, and excommunication. Ecclesial sanctions are remedial or medicinal. Moreover, a church may enable removal of sanctions (Principles: V.5–V.7).

First, as to the establishment, jurisdiction, and personnel of church courts, in Anglicanism the relationship between courts or tribunals of original and appellate jurisdiction in the judicial hierarchy is to be clearly prescribed by law, as is their subject-matter jurisdiction in disciplinary and other causes. Church courts and tribunals are independent from external interference and uphold the rule of law in the church (PCLCCAC: Principle 24). The judicial bodies of Protestant churches are ordered similarly. However, the court of first instance is generally at the local rather than regional level (LCGB: RAR, Disciplinary Procedure for Pastors of the Church).

Secondly, as to process, in the Roman Catholic Church trial is a last resort. Disputants must settle amicably, promptly, and equitably out of court, and the Episcopal Conference is encouraged to establish permanent offices in every diocese to resolve disputes without going to trial (CIC: canon 1446). As an example of a process against clergy among Protestant churches, the Lutheran Church in Great Britain has three stages: informal settlement, investigation and interim suspension, and formal disciplinary action following a hearing before a panel of the Council (LCGB: RAR, Disciplinary Procedure for Pastors of the Church). Parallel processes exist in Presbyterian churches (PCW: HOR, 2.5).

Thirdly, there are offences and defences. Among Orthodox churches, the following offences are typical: ‘infringing the church discipline and teaching’ (ROMOC, Statutes, Article 14); the violation of ‘the doctrinal, canonical or moral norms of the Orthodox Church’ (ROC, Statutes X.35); and ‘unorthodox belief, [and] breaches of canonical or moral discipline’ (Ukrainian Orthodox Church in America, Statutes, Article XII). In turn, Anglicans list ecclesiastical offences such as neglect of duty, immorality, disobedience to law, and conduct unbecoming the office and work of an ordained minister (PCLCCAC: Principle 24.9. See the Church of England Clergy Discipline Measure 2003). This is also the case for Lutherans (LCGB: RAR, Disciplinary Procedure for Pastors of the Church), and similar provisions are found in Methodism and Presbyterianism. Penalties, sanctions, or censures are understood to be medicinal. For example, Roman Catholic penal law is designed to repair scandal, to restore justice, and to reform the offender (CIC: canons 1341–1349, 1717–1732). Censures for clergy in Anglican churches include deposition, deprivation, suspension, admonition, and rebuke (PCLCCAC Principles 24.9, 11 and 15). Equivalent arrangements are found in Methodism (MCI RDG: 5.03–05).

7.1 The proclamation of faith and the definition and development of doctrine

The doctrine of a church is rooted in the revelation of God, as recorded in holy scripture, summed up in the historical creeds, conveyed in tradition, and expounded in instruments, texts, and pronouncements issued by persons and institutions with lawful authority to teach. The doctrines of a church may be interpreted and developed afresh to the extent and in the way prescribed by law (Principles: VI.1). The proclamation of the Word of God is a fundamental action of the church and a divine imperative incumbent on all the faithful. A church has both the right and the duty to instruct the faithful and to proclaim the gospel. Preaching is inherent to ordained ministry. Authorized persons may deliver sermons or other forms of preaching for the glory of God, the edification of the people, and the exposition of church doctrine. However, biblical texts must be treated respectfully and coherently, building on tradition and scholarship so that scriptural revelation may continue to illuminate, challenge, and transform thinking and doing (Principles: VI.2). Moreover, a church has a right to enforce its own doctrinal standards and discipline. The faithful should be taught and encouraged to believe church doctrine. Ordination candidates and others may be required to subscribe to, assent to, or otherwise affirm their belief in or loyalty to the doctrine of their church. The faithful should respect, honour, and uphold the doctrine of their church. Any person who offends church doctrine may be subject to disciplinary process. A church has the right to determine the limits of permissible theological opinion, and to interpret its own doctrine and doctrinal standards (Principles: VI.3).

For the Roman Catholic Church, the teaching function (magisterium) belongs to the ordained ministers: supreme teaching authority is vested in the pontiff and the College of Bishops who may declare infallible doctrine – by which faith or morals on a matter of truth is solemnly defined – and proclaim truth, as contained in the written Word of God or in tradition and which exists in the deposit of faith entrusted to the church and proposed as divinely revealed (CIC: canon 749). For Anglicans, no new doctrinal formulae may be approved by a central church assembly without the consent of the House of Bishops or equivalent (PCLCCAC: Principle 50.3–6). In the Presbyterian Church in New Zealand:

The Church itself has the right, in dependence on the promised guidance of the Holy Spirit, to formulate, interpret or modify its subordinate standards, always in agreement with its superior standard and the fundamental doctrines of the Reformed Faith contained in its subordinate standards. (Book of Order, Presbyterian Church of Aotearoa New Zealand 2023)

For Lutherans, preaching the word is ‘a means of grace’ and must conform to the confession of faith (Lutheran Church of Australia: Bylaws). For Methodists, ‘the main doctrines of the Christian faith should be more plainly and systematically set forth in public preaching, so that the Methodist people may be established in the faith’ (MCGB 2009).

In turn, the proclamation of the Word of God is a fundamental action of the church and a divine imperative for all the faithful for the evangelization of the world. This is the position in the Roman Catholic and Anglican churches, as well as those of the Protestant tradition (CIC: canons 747–748; PCLCCAC: Principle 48; LCGB: RAR, Statement of Faith, 7–8). The Romanian Orthodox Church: ‘Orthodox Christians’ must ‘witness to God in the Holy Trinity, the Father, Son and Holy Spirit, based on the Holy Scripture’, and have a right ‘to sustain, strengthen and witness to the faith of the Orthodox Church [and] live according to the teaching of the Orthodox faith’ (ROMOC, Statutes, Articles 1 and 45).

7.2 The worship of God and liturgical administration

Each church, and those bodies within it competent to do so, may develop liturgical texts or other forms of service for public worship, provided these are consistent with the Word of God and church doctrine. The use of a form of service must be authorized. Forms of service may be found in a book of rites or liturgy, a book of common prayer, a directory of worship, or another instrument, and these may include rubrics or other directions to facilitate worship (Principles: VI.4). A church must provide for public worship. Ordained ministers are particularly responsible for its conduct in accordance with forms of service. Regular attendance at worship, particularly on the Lord’s Day, is an expectation on the faithful. The administration of worship in the local church is subject to supervision by those authorities designated by law to provide this (Principles: VI.5).

First, as to the nature and forms of worship, in the Roman Catholic Church worship is ‘the first act of the virtue of religion’, with adoration, prayer, and the participation of the faithful (Catechism of the Catholic Church, hereafter CCC: 2096–2098). Liturgy is ‘an action of the church’ – an expression by the people of their relationship to Christ and the church – a response to God’s initiative, a dialogue between the word and actions of God and his people (CCC: para. 1076–1109). Anglicanism is similar (PCLCCAC: Principle 54.1). Norms in service books provide for order and decorum in liturgy, enable the community to participate fully in worship, and ensure adaptability to meet local circumstances, practices, and needs (PCLCCAC: Principle 54.2–5.). Likewise in Orthodoxy: for instance, the Greek Orthodox Archdiocese of America recognizes that the church ‘sanctifies the faithful through Divine Worship, especially the Eucharist and other Sacraments’ (GOAA: Constitution Article 2).

Secondly, there are norms on the development and administration of forms of service. Roman Catholic canon law provides for the formation of liturgical texts and authority over these vests in the Pontiff (CIC: canon 826). In Anglicanism, whilst the Book of Common Prayer of 1662 is the normative standard for liturgy, a church may make such revisions, adaptations, and innovations in its forms of service as are desirable to adapt to particular needs and circumstances. It belongs to the central church assembly to approve, amend, continue, or discontinue forms of service (PCLCCAC: Principle 55.1–4), but these must be neither contrary to, nor indicative of a departure from, the doctrine of the church in any essential matter, nor inconsistent with the Word of God and the spirit and teaching of the Book of Common Prayer (PCLCCAC: Principle 55.5–6).

Thirdly, as to the administration of worship: in the Roman Catholic Church, in order to be considered as liturgy, worship takes place when it is carried out in the name of the church by persons lawfully deputed and through acts approved by the authority of the church. Liturgy is conducted under the presidency of the ordained ministers (CIC: canon 834.2; LG 11). However, as liturgical law exists to facilitate worship, it should be applied flexibly, with choices and options. The bishop must supervise liturgical discipline and may dispense with the requirements of universal and particular liturgical law in this regard, but a minister cannot unilaterally dispense with liturgical laws (CIC: canons 87–88). Liturgical administration is also regulated in Anglicanism. A minister must use in public worship only the lawful forms of service. However, liturgical life should be characterized by flexibility (as authorized by law). Appropriate patterns of worship may vary from place to place, and time to time, and ministers may use their own sensitivity and discretion to conduct worship so the faithful participate with sincerity and understanding (PCLCCAC: Principles 54–60). For the Presbyterian Church of Wales: ‘Our purpose is to worship God and spread the Gospel’; the ‘means of grace in a worshipping community are the reading of the Scriptures, prayer, the singing of hymns, the preaching and hearing of the Word and the administration and receiving of the sacraments’; their regular use is ‘a duty to God and a necessity of the Christian life’ (PCW: HOR). In the Methodist Church of Great Britain, service books are approved by Conference (MCGB 2009), and in the Church of Scotland: ‘There is no prescribed liturgy […] and ministers enjoy considerable freedom in matters of worship’; rather, the principles of worship are in accordance with the Directory for the Public Worship of God of 1645 as that ‘has been or may hereafter be modified by Acts of the General Assembly or by consuetude’. The General Assembly, therefore, may commend forms of service, and has a modern Directory of Worship (CLCS: 28–30).

8.1 The rites of baptism and confirmation

Baptism is divinely instituted. A church may call baptism a sacrament or an ordinance. Baptism constitutes incorporation of a person into the church of Christ. It is validly administered with water in the name of the triune God. Baptism is administered, ordinarily, in public in church in the presence of the faithful by an ordained minister but, extraordinarily, in cases of necessity by a lay person. Baptism in a church may be of infants or adults to the extent prescribed by that church’s law. A church may impose conditions for admission to baptism, but it must nurture the baptized person in the faith. Baptism should be susceptible to proof – but it cannot be repeated (Principles: VII.1.1–10.).

For the Roman Catholic church, baptism is the gate to the sacraments, necessary for salvation in fact or at least in intention. It frees individuals from sin and constitutes their rebirth as children of God configured to Christ; by baptism, a person is incorporated into the church, and it cannot be repeated (CIC: canons 204, 849; LG 16). It is conferred by immersion or pouring (CIC: canon 854). The position is much the same in Anglicanism: there, the sacrament of baptism, instituted by Christ, is a sign of new birth by which those who receive it are incorporated into the church of Christ (PCLCCAC: Principles 61.1 and 61.3). Valid baptism is administered with water – by pouring, sprinkling, immersion, submersion, or other similar means – simultaneously with the words: ‘I baptize you in the name of the Father and of the Son and of the Holy Spirit’ (PCLCCAC: Principle 61.2). Similarly, the Methodist church of Great Britain permits both infant and adult baptism, and Presbyterian law normally confines baptism to professing adults and children of professing members.

Secondly, a church may make provision for a further rite accompanying/following baptism which may be styled confirmation or profession of faith. Candidates may undergo preparation and instruction prior to this (Principles: VII.2.). By the rite of confirmation, the grace of the Holy Spirit is conveyed in a fuller manner to those who have already received it at baptism. There has been much theological discussion as to confirmation’s precise significance and method of administration. Some churches consider it an integral stage in the process of Christian initiation (Catholics) whilst others do not practise it (Presbyterians); and in some churches the rites of baptism and confirmation are separate (Anglican). In Anglicanism, only a baptized person who has attained the age of discretion may be confirmed. Confirmation is a rite in which a person makes a profession of the faith and a mature reaffirmation of the commitment to Christ made at baptism. The minister is the bishop with laying on of hands and invocation of the Holy Spirit to strengthen the candidate in the Christian life. Methodists also practise confirmation (MCGB 2009: 8.A–C). By way of marked contrast, Presbyterians do not practise the rite of confirmation as such, but do practise a rite for admission to full membership particularly for the purposes of receiving Holy Communion (see below). For example, in the Church of Scotland there is ‘no “sacrament of confirmation”’; rather: ‘The sacrament of baptism, being complete in itself, requires no subsequent confirmation’ (CLCS: 32–33).

8.2 The Eucharist, Holy Communion, or Lord’s Supper

The Eucharist, Holy Communion, or Lord’s Supper is instituted by Christ. The Eucharist and receiving Holy Communion are central to ecclesial life. The faithful should participate in the Eucharist and receive Holy Communion regularly. The Eucharist is presided over by such persons as are lawfully authorized and celebrated in an authorized place. A church should provide for reception of Holy Communion by the sick. Elements for its celebration of Holy Communion are bread and wine. A church may make provision for admission to it (Principles: VII.3).

Whilst there remain profound doctrinal differences between Catholic and Protestant understandings of the sacrament (as to the doctrines of ‘transubstantiation’ and ‘consubstantiation’), there are remarkable juridical similarities in terms of sacramental discipline. For example, under Roman Catholic Canon Law the faithful must hold the Eucharist in the highest honour, take an active part in its celebration, receive the sacrament frequently, and reverence it with the greatest adoration (CIC: canon 898). In the Russian Orthodox Church, to be admitted to Holy Communion a person must be baptized, chrismated (anointing of the body with oil which symbolizes the Holy Spirit), and profess the Orthodox faith – and parishioners must receive Holy Communion regularly (ROC: Statute, XI.32). Lutherans should participate in Holy Communion regularly, and Methodists must receive bread and (non-alcoholic) wine (MCGB 2009: 922.2).

8.3 Funeral rites

The faithful who have died should be given a church funeral according to the norms of church law, and disposal of human remains may be either by burial or by cremation, accompanied by the administration of any service authorized for lawful use in a church (Principles: VII.6). Roman Catholic canon law classifies a funeral as a ‘sacramental’, and provides for the anointing of the sick and dying (CIC: canon 1166; canons 999–107). In Anglican churches, to prepare a person for death a church may offer anointing or imposition of hands. Disposal of a body may be either by burial or by cremation. No minister may without lawful cause refuse or delay disposal – in accordance with the funeral rites of a church – of the remains of anyone brought to the designated place. Conducting funeral rites for the non-baptized, suicides, and excommunicates may be subject to direction from the bishop. The minister is normally a bishop or priest or, if neither is available, a deacon, or an authorized lay person. The choice of funeral rites, when alternatives are authorized, belongs to the officiating minister consulting the family or friends of the deceased. The remains of a Christian should be disposed of in a consecrated place or, if not consecrated, in a place which has been blessed by a minister (PCLCCAC: Principle 79; Church of England 1964–2021: Canon B38.2).

8.4 Marriage

Subject to the exceptions below, the foundation of marriage is a lifelong union between one man and one woman. Marriage is instituted by God and is for the wellbeing of the spouses. To be married validly in the eyes of the church, the parties must satisfy the conditions prescribed by church law and should be instructed in the nature and obligations of marriage. Marriage is celebrated in the presence of an authorized person and should be registered (Principles: VII.4).

Under Roman Catholic canon law, Christian marriage is a divine institution:

The marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life, and which of its own very nature is ordered to the well-being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament. (Code of Canon Law 1055)

If two baptized persons marry validly, their marriage is a sacrament – and the ‘essential properties of marriage are unity and indissolubility’ (CIC: canon 1055). In Anglicanism, marriage, an honourable estate instituted by God, is an exclusive life-long union, signifying the mystical union that is between Christ and his church. It is constituted on the free exchange of consents between one man and one woman joined together by God as husband and wife and lasting until the death of one spouse. The liturgical books must be used. A marriage is created by the free, competent, and open consent of the parties in the presence of at least two witnesses. The marriage is recorded in registers maintained in the church for this purpose. A civil marriage may be followed by a blessing of it in the church (PCLCCAC: Principle 73). Same-sex marriage is not permitted in the Roman Catholic church or in Anglicanism in Great Britain (with the exception of the Scottish Episcopal church which voted in 2017 to allow same-sex couples to marry in their churches).

The Protestant churches also treat marriage as a divine institution and provide for its formation and solemnization. By way of illustration, for the Methodist Church of Great Britain, marriage is ‘a gift of God and […] it is God’s intention that a marriage should be a life-long union in body, mind and spirit’. The solemnization of marriage in church is open to those beyond its membership (MCGB 2009: 011A). In 2021, the Methodist Conference voted to permit the solemnization of same-sex marriages in its churches. In Presbyterianism, the Church of Scotland is currently consulting on legislation to enable the solemnization of same-sex marriages.

9.1 The principle of stewardship

A church, and/or institutions or bodies within it, may seek legal personality under civil law to enable ownership of property. A church may also make provision for its own dissolution, or that of institutions or bodies within it, and for the distribution of property following the dissolution. Property is held on trust for the benefit of the church and its work and such institutions are required to exercise proper stewardship of it (Principles: IX.1).

The Roman Catholic church claims for itself ‘the inherent right, independently of any secular power, to acquire, retain, administer and alienate temporal goods, in pursuit of its proper objectives’, namely: divine worship, providing support for clergy and other ministers, and works of the sacred apostolate and charity. Under the supreme authority of the Roman Pontiff, ownership of temporal goods belongs to that juridical person which lawfully acquired them (CIC: canon 1254). Anglican churches should satisfy the rules of civil law which apply to the acquisition, ownership, administration, and alienation of church property, both real and personal; property is held by those authorities within a church which enjoy legal personality as trustees or other entities of a fiduciary nature under civil law and competence under church law (PCLCCAC: Principle 80.1–2). Ecclesiastical authorities are the stewards of church property, which they hold and administer to advance the mission of a church and for the benefit and use of its members, in accordance with church law (PCLCCAC: Principle 80.3–4). As property is held in trust for a church, it should not be alienated or encumbered without such consents as may be prescribed by church law; church trustees may sell, purchase and exchange property as authorized by that law (PCLCCAC: Principle 80.5–6). Much the same arrangements are found in the Protestant churches: the Baptist Union of Great Britain has a system of model trusts for its member local churches with holding trustees at national level and managing trustees at local level (BUGB BLEP: MTC 2003 1–9).

9.2 The church building and sacred objects

A church may dedicate or otherwise set aside a building or other space, prescribed objects, and other forms of property, for worship and other sacred purposes. A place of worship, or other space, or sacred object, must be used in a manner which is consistent with its dedication. Responsibility for the use, care, and maintenance of these, is vested in a designated person or body. Oversight of the administration of church property is vested in a competent ecclesiastical authority, and a periodic appraisal of its condition may be the object of a lawful visitation (Principles: IX.2).

Under Roman Catholic canon law, sacred places are those assigned to divine worship or burial through their dedication or blessing by the diocesan bishop; and anything ‘out of harmony with the holiness of the place is forbidden’ (CIC: canons 1210–1221). In the Orthodox tradition, in the Russian Orthodox Church, the Holy Synod is responsible for ‘the proper state’ of church architecture, iconography, monuments, and antiquities, and for the production of utilities, candles, vestments, and ‘other items necessary to maintain the liturgical traditions, beauty and good order in churches’; the diocesan bishop consecrates churches and oversees iconography, and the diocesan assembly oversees the construction, maintenance, and restoration of churches; there is also a system of annual inspection of church property by the dean (ROC: Statutes X).

For Anglicans, buildings may be designated as places of public worship, which may be set aside for the purposes of God by consecration or dedication customarily performed by a bishop. Such property may not be used for purposes inconsistent with the uses of God for which it is set aside; wardens or other stewards must not allow churches to be profaned by any temporal use inconsistent with the sanctity of the place and with sound doctrine (PCLCCAC: Principle 81.1–6). The day-to-day control, direction, and administration of places of worship is vested in the parish council or other local assembly, which must ensure that proper care is taken of them and their contents and endeavour to keep them decent, clean, and in good repair (PCLCCAC: Principle 81.7). Episcopal or other lawful consent, whether executive or judicial, must be obtained to alter, add to, or remove property from places of worship to such an extent and in such a manner, and subject to such appeals, as may be prescribed by law; this is often known as the faculty jurisdiction (PCLCCAC: Principle 81.8). Presbyterian laws require much the same action. For example, the local congregation in the Church of Scotland is responsible for the maintenance of its buildings. It must hold an annual inspection of its property and keep a Property Register to record the inspection and work carried out; the register is submitted annually to the Presbytery which instructs full inspections of congregational property every five years. Again, if a congregation proposes to carry out work on a building it must obtain the approval of the Presbytery.

9.3 The regulation of finance

As to the control of finance: a church has the right to make rules for the administration and control of its finances. The civil law applicable to financial accountability must be complied with. A church must ensure sound financial management including the framing and approval by competent authority of an annual budget; it should provide, with regard to each entity within it, for the keeping of accounts for approval by a competent authority; and it must ensure that financial accounts are audited/examined annually by qualified persons in order to promote proper stewardship in the church (Principles: IX.3). As to lawful income: a church has a right to receive funds. The faithful must contribute financially, according to their means, to the church’s work. The local church and other entities may be required by competent authority to make a financial contribution to meet the wider institutional costs and needs of the church. A church which invests money should do so prudently and in ventures which are consistent with the ethical standards of the church (Principles: IX.4). As to expenditure, a church should: require the designated institutions or bodies within it to insure church property against loss; support and sustain those engaged in ministry according to their need and circumstance; and make suitable provision for ordained ministers who are in ill-health and for those who retire (Principles: IX.5).

In the Roman Catholic church, each diocese has an institute to collect and manage funds through which the bishop is to satisfy those who serve the church and meet the needs of the diocese. Administrators of temporal goods must present to the ordinary an annual report which in turn he is to present to the finance council for consideration. Moreover, each parish is to have a finance council acting in accordance with universal law and Episcopal directions (CIC: canons 1271–1287). As to income, the Roman Catholic church asserts for itself ‘the inherent right to require from the faithful whatever is necessary for its proper objectives’. However, a minister may ask nothing to administer the sacraments, beyond the offerings defined by competent authority.

In Anglicanism a church should be financially independent and self-supporting, and must comply with such financial procedures and controls as are prescribed by church law, keep financial accounts, and submit an annual report with the audited accounts to the appropriate church assembly in order for that assembly to review the financial management and affairs of that organisation (PCLCCAC: Principle 84). Ordained ministers must instruct the faithful in their responsibilities towards missionary work and give suitable opportunity for offerings to maintain that work. Fees payable for ministrations such as marriage and burials may be levied if authorized by church law (PCLCCAC: Principle 87). As to expenditure in Anglicanism, church assemblies, officers, and other bodies should be aware of the risks associated with their activities. Church property, real and personal, and its occupation and usage, and individual church officers and activities, should be insured as appropriate against loss, damage and injury. Similar arrangements are found in the Protestant Churches. For example, Methodists must engage in regular giving as ‘a Christian duty’ (MCI: RDG, 1.01 and 2.06). The Baptist Union also requires its member churches to make annual subscriptions (BUGB BLEP: Con. 7).