The Acts of Convention
| Resolution Number: | 1982-A028 |
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| Title: | Amend Canon IV.1 [Add New Sec. 2: Presentment for Disregarding a Pastoral Direction] |
| Legislative Action Taken: | Concurred As Amended |
| Final Text: | |
Resolved, That Title IV, Canon 1 be amended by inserting a new Sec. 2 reading as follows:
Sec. 2. If a presentment against a Presbyter or Deacon alleges an act or acts which involve a violation of ordination vows and specifies as the act that the Presbyter or Deacon has disobeyed or disregarded a pastoral direction of the Bishop having authority over such person, the presentment must be made by the Bishop giving the pastoral direction and shall set out the pastoral direction alleged to have been disregarded or disobeyed and wherein the disregard or failure to obey constitutes a violation of ordination vows. Unless the presentment complies with the foregoing provisions no finding or judgment of guilt may be made of the offense specified in Section 1(6) on the basis of an act of disregarding a pastoral direction of or failing to obey the Bishop having authority over such person.
In order for the disregard or disobedience of a pastoral direction to constitute a violation of ordination vows the pastoral direction must have been a solemn warning to the Presbyter or Deacon; it must have been in writing and set forth clearly the reasons for the pastoral direction; it must have been given in the capacity of the pastor, teacher and canonical overseer of the Presbyter or Deacon; it must have been neither capricious nor arbitrary in nature nor in any way contrary to the Constitution and Canons of the Church, both national and diocesan; and it must have been directed to some matter which concerns the Doctrine, Discipline or Worship of this Church or the manner of life and behavior of the Presbyter or Deacon concerned. Upon trial under any such presentment the question of whether the disregard or disobedience of the pastoral direction specified constitutes a violation of ordination vows is a matter of ultimate fact upon which testimony may be offered.
and renumbering Secs. 2, 3, 4 and 5.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, New Orleans, 1982 (New York: General Convention, 1983), p. C-34. |
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Legislative History
| Author: | The Standing Commission on Constitution and Canons |
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| Originating House: | House of Bishops |
| Originating Committee: | Committee on Canons |
House of Bishops
Original Text of Resolution:
(A028)
Resolved, the House of Deputies concurring, That Title IV, Canon I be amended by inserting a new Sec. 2 reading as follows:
Sec. 2. If a presentment against a Presbyter or Deacon alleges an act or acts which involve a violation of ordination vows and specifies as the act that the Presbyter or Deacon has disobeyed or disregarded a pastoral direction of the Bishop having authority over such person, the presentment must be made by the Bishop giving the pastoral direction and shall set out the pastoral direction alleged to have been disregarded or disobeyed and wherein the disregard or failure to obey constitutes a violation of ordination vows. Unless the presentment complies with the foregoing provisions no finding or judgment of guilt may be made of the offense specified in Section 1(6) on the basis of an act of disregarding a pastoral direction of or failing to obey the Bishop having authority over such person.
In order for the disregard or disobedience of a pastoral direction to constitute a violation of ordination vows the pastoral direction must have been a solemn warning to the Presbyter or Deacon, it must have been in writing and set forth clearly the reasons for the pastoral direction, it must have been given in the capacity of the pastor, teacher and canonical overseer of the Presbyter or Deacon; it must have been neither capricious nor arbitrary in nature nor in any way contrary to the Constitution and Canons of the Church, both national and diocesan; and it must have been directed to some matter which concerns the Doctrine, Discipline or Worship of this Church or the manner of life and behavior of the Presbyter or Deacon concerned. Upon trial under any such presentment the question of whether the disregard or disobedience of the pastoral direction specified constitutes a violation of ordination vows is a matter of ultimate fact upon which testimony may be offered.
and renumbering Sec. 2, 3 and 4 as Sec. 3, 4 and 5.
Motion carried
(Communicated to the House of Deputies in HB #85)
House of Deputies
On the ninth day, the Chairman of the Committee on Canons presented Report #18 and recommended that the House concur, with amendment, with Message #85 of the House of Bishops on Resolution A-28 (Pastoral Definition).
Motion carried
The House concurred with amendment
(Communicated to the House of Bishops in HD Message #202)
House of Bishops
On the tenth day, the Secretary read:
HD Message #202 --A-28A, Definition of Pastoral Direction.
The House concurred
(Communicated to the House of Deputies in HB Message #260)
Resolution Concurred by Both Houses, September 14.
| Report Reference: | Standing Commission on Constitution and Canons, Reports to the 67th General Convention, 1982, pp. 5-29. |
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| Abstract: | The 67th General Convention amends Canon Title IV.1 to clarify the cause for presentment and conditions for trial of a priest or deacon for disregarding a pastoral direction. |