The Acts of Convention
| Resolution Number: | 2012-A029 |
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| Title: | Amend Canon I.15.10 [Of Congregations in Foreign Lands] |
| Legislative Action Taken: | Concurred |
| Final Text: | |
Resolved, That Canon I.15.10 is hereby amended to read as follows:
Sec. 10. In case a Member of the Clergy in charge
of a Congregation in a foreign land shall be accused of any offense under the
Canons of this Church, it shall be the duty of the Bishop in charge of such
Congregations to summon the Council of Advice, and cause an inquiry to be
instituted as to the truth of such accusation; and should there be reasonable
grounds for believing the same to be true, the said Bishop and the Council of
Advice shall appoint a Commission, consisting of three Clergy and two Lay
Persons, whose duty it shall be to meet in the place where the accused resides,
and to obtain all the evidence in the case from the parties interested; they
shall give to the accused all rights under the Canons of this Church which can
be exercised in a foreign land. The judgment of the said Commission, solemnly
made, shall then be sent to the Bishop in charge, and to the Presiding Bishop,
and, if approved by them, shall be carried into effect; Provided, that no such
Commission shall recommend any other discipline than admonition or removal of
the Member of the Clergy from charge of said Congregation.
Should the result of
the inquiry of the aforesaid Commission reveal evidence tending, in their
judgment, to show that said Member of the Clergy deserves a more severe
discipline, all the documents in the case shall be placed in the hands of the
Presiding Bishop, who may proceed against the Member of the Clergy, as far as
possible, according to the Canons of the General Convention.
In the case a Member of the Clergy in charge of a Congregation or otherwise authorized to serve the Church in a foreign land shall be accused of any offense under the Canons of this Church:
(a) With the permission of the Presiding Bishop, the Bishop in Charge and the Council of Advice may (i) engage a Diocese of this Church to provide the needed Disciplinary Structures to fulfill the requirements of the Canons of this Church, or (ii) establish among the Congregations of the Convocation the needed Disciplinary Structures to fulfill the requirements of the Canons of this Church. In either case, the Provincial Court of Review shall either be that of the Diocese providing the needed Disciplinary Structures or that of the Province of the Convocation; and, for the purposes of implementing the provisions for Ecclesiastical Discipline (Title IV) of a member of the Clergy, the Bishop in Charge shall serve the function reserved for the Bishop Diocesan, except that the Presiding Bishop must approve any Accord, any Agreement for Discipline and the terms of any Order, and pronounce the Sentence.
(b) If no other provision has been made to organize or provide the Disciplinary Structures in fulfillment of the Canons on Ecclesiastical Discipline for a Congregation in a foreign land, it shall be the duty of the Bishop in charge of such Congregations to summon the Council of Advice, and cause an inquiry to be instituted as to the truth of such accusation; and should there be reasonable grounds for believing the same to be true, the said Bishop and the Council of Advice shall appoint a Commission, consisting of three Clergy and two Lay Persons, whose duty it shall be to meet in the place where the accused resides, and to obtain all the evidence in the case from the parties interested; they shall give to the accused all rights under the Canons of this Church which can be exercised in a foreign land. The judgment of the said Commission, solemnly made, shall then be sent to the Bishop in charge, and to the Presiding Bishop, and, if approved by them, shall be carried into effect; Provided, that no such Commission shall recommend any other discipline than admonition or removal of the Member of the Clergy from charge of said Congregation. Should the result of the inquiry of the aforesaid Commission reveal evidence tending, in their judgment, to show that said Member of the Clergy deserves a more severe discipline, all the documents in the case shall be placed in the hands of the Presiding Bishop, who may proceed against the Member of the Clergy, as far as possible, according to the Canons of the General Convention.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Indianapolis, 2012 (New York: General Convention, 2012), pp. 527-528. |
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Legislative History
| Author: | Standing Commission on Constitution and Canons |
|---|---|
| Originating House: | House of Bishops |
| Originating Committee: | Ministry |
House of Bishops
The House of Bishops Committee on Ministry presented its Report #13 on Resolution A029 (Amend Canon I.15.10) and moved adoption.
Original Text of Resolution
(A029)
Resolved, the House of Deputies concurring, That Canon I.15.10 is hereby amended to read as follows:
Sec. 10. In case a Member of the Clergy in charge of a
Congregation in a foreign land shall be accused of any offense under the Canons
of this Church, it shall be the duty of the Bishop in charge of such
Congregations to summon the Council of Advice, and cause an inquiry to be
instituted as to the truth of such accusation; and should there be reasonable
grounds for believing the same to be true, the said Bishop and the Council of
Advice shall appoint a Commission, consisting of three Clergy and two Lay
Persons, whose duty it shall be to meet in the place where the accused resides,
and to obtain all the evidence in the case from the parties interested; they
shall give to the accused all rights under the Canons of this Church which can
be exercised in a foreign land. The judgment of the said Commission, solemnly
made, shall then be sent to the Bishop in charge, and to the Presiding Bishop,
and, if approved by them, shall be carried into effect; Provided, that no such
Commission shall recommend any other discipline than admonition or removal of
the Member of the Clergy from charge of said Congregation.
Should the result of
the inquiry of the aforesaid Commission reveal evidence tending, in their
judgment, to show that said Member of the Clergy deserves a more severe
discipline, all the documents in the case shall be placed in the hands of the
Presiding Bishop, who may proceed against the Member of the Clergy, as far as
possible, according to the Canons of the General Convention.
In the case a Member of the Clergy in charge of a Congregation or otherwise authorized to serve the Church in a foreign land shall be accused of any offense under the Canons of this Church:
(a) With the permission of the Presiding Bishop, the Bishop in Charge and the Council of Advice may (i) engage a Diocese of this Church to provide the needed Disciplinary Structures to fulfill the requirements of the Canons of this Church, or (ii) establish among the Congregations of the Convocation the needed Disciplinary Structures to fulfill the requirements of the Canons of this Church. In either case, the Provincial Court of Review shall either be that of the Diocese providing the needed Disciplinary Structures or that of the Province of the Convocation; and, for the purposes of implementing the provisions for Ecclesiastical Discipline (Title IV) of a member of the Clergy, the Bishop in Charge shall serve the function reserved for the Bishop Diocesan, except that the Presiding Bishop must approve any Accord, any Agreement for Discipline and the terms of any Order, and pronounce the Sentence.
(b) If no other provision has been made to organize or provide the Disciplinary Structures in fulfillment of the Canons on Ecclesiastical Discipline for a Congregation in a foreign land, it shall be the duty of the Bishop in charge of such Congregations to summon the Council of Advice, and cause an inquiry to be instituted as to the truth of such accusation; and should there be reasonable grounds for believing the same to be true, the said Bishop and the Council of Advice shall appoint a Commission, consisting of three Clergy and two Lay Persons, whose duty it shall be to meet in the place where the accused resides, and to obtain all the evidence in the case from the parties interested; they shall give to the accused all rights under the Canons of this Church which can be exercised in a foreign land. The judgment of the said Commission, solemnly made, shall then be sent to the Bishop in charge, and to the Presiding Bishop, and, if approved by them, shall be carried into effect; Provided, that no such Commission shall recommend any other discipline than admonition or removal of the Member of the Clergy from charge of said Congregation. Should the result of the inquiry of the aforesaid Commission reveal evidence tending, in their judgment, to show that said Member of the Clergy deserves a more severe discipline, all the documents in the case shall be placed in the hands of the Presiding Bishop, who may proceed against the Member of the Clergy, as far as possible, according to the Canons of the General Convention.
Motion carried
Resolution adopted
(Communicated to the House of Deputies in HB Message # 65)
House of Deputies
The House of Deputies Committee on Ministry presented its Report #18 on HB Message #65 on Resolution A029 (Amend Canon I.15.10) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Bishops in HD Message #160)
Resolution Concurred by Both Houses, July 10.
| Report Reference: | Standing Commission on Constitution and Canons, Reports to the 77th General Convention, 2012, pp. 112-131. |
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| Abstract: | The 77th General Convention amends Canon I.15.10 by replacing language on the disciplinary structures and procedures used to handle accusations against clergy serving abroad. |