Wednesday, November 09, 2011

A Proposal for the Revision of Canon 6


By Robin G. Jordan

I developed this proposal to address what I was led to believe were major concerns of the Rwandan House of Bishops. Canon 6 gives Primatial Vicars supreme authority over their respective Missionary Jurisdictions as deputies of the Rwandan Primate. At the same time Canon 6 requires negligible accountability from them. Canon 6 gives the Rwandan House of Bishops no oversight over the Missionary Jurisdictions established under its provisions. The proposal not only rectifies these problems areas but also modifies the mode of election of Missionary Bishops, requires their assent to the doctrine, sacraments, and worship of Christ as set forth in the catholic Creeds and the Anglican formularies, and gives the clergy and laity of a Missionary Jurisdiction a role in the governance of the Missionary Jurisdiction.

Under the provisions of Canon 6 the Primatial Vicar is the chief go-between between the Missionary Jurisdiction and the Anglican Church of Rwanda. The Missionary Jurisdiction must rely on whatever information he gives its Council of Missionary Bishops in regard to the Anglican Church of Rwanda and the Anglican Church of Rwanda must rely on whatever information he provides its Primate regarding the Missionary Jurisdiction. His control of information has a high potential for abuse. For example, he is in a position to misinterpret the decisions of the Rwandan House of Bishops to the Council of Missionary Bishops and the needs of the Missionary Jurisdiction to the Rwandan Primate and in this way to influence the Council of Missionary Bishops and the Rwandan Primate. The proposal widens the channel of communication: the Council of Missionary Bishops report directly to the Rwandan House of Bishops.


In this proposal a new canon would be substituted for Canon 6. The new canon abolishes the office of Primatial Vicar. In place of the Primatial Vicar a Council of Missionary Bishops and a Convocation would share in the governance of the Missionary Jurisdiction. The Council of Missionary Bishops would be essentially a committee of the House of Bishops, its members chosen by the House of Bishops and making annual reports to the House of Bishops on the work entrusted to it. The Convocation would consist of clerical and lay representatives elected by the Convocations of each Area or Network in the Missionary Jurisdictions. The Canon authorizes the House of Bishops to make Regulations relating to the Missionary Jurisdictions. Within the limits of the Canon and the House of Bishops’ Regulations the Convocation of the Missionary Jurisdiction may make Regulations for the good government and order of the Missionary Jurisdiction and the Convocation of an Area or Network, Regulations for the good government and order of the Area or Network. The new canon also makes provision for a Council of Advice for each Missionary Bishop.

Canon 6 Of Missionary Jurisdictions Outside the Territory of Rwanda

Section 1. Formation of Missionary Jurisdictions

1. The House of Bishops of this Province may establish Missionary Jurisdictions outside the territory of Rwanda in such parts of the world where Anglicans demonstrate the need for the godly oversight of this Province and petition the House of Bishops for such oversight. The House of Bishops may also from time to time change, increase, or diminish the territory included in such Missionary Jurisdictions.

2. Missionary Jurisdictions outside the territory of Rwanda shall be organized in accordance with such Regulations as the House of Bishops shall make from time to time.

3. Any group of Anglican congregations and clergy desiring to be recognized as an extraterritorial Missionary Jurisdiction of the Anglican Church of Rwanda must agree to conform to the provisions of this Canon and to any Regulations made by the House of Bishops under the provisions of Subsection 2.

4. Any group of Anglican congregations and clergy desiring to be an extraterritorial Missionary Jurisdiction of the Anglican Church of Rwanda must assent to the doctrine, sacraments, and worship of Christ as set forth in the Catholic Creeds, the Articles of Religion (interpreted in their plain, natural [added later] and intended sense), The Book of Common Prayer of 1662, and The Form and Manner of Making, Ordaining, and Consecrating of Deacons, Priests, and Bishops annexed thereto.

5. Nothing in this Canon shall be construed to prevent this Province undertaking the establishment of a Missionary Jurisdictions outside the territory of Rwanda jointly with one or more other Provinces and/or one or more other Churches with which the Anglican Church of Rwanda is in communion.

Section 2. Election of Missionary Bishops

1. The House of Bishops may, from time to time, choose a suitable person or persons to be a Bishop or Bishops of this Church in Missionary Jurisdictions, in such manner as is hereinafter provided.

2. No person shall be eligible for nomination unless he is a regularly ordained Priest or Bishop of not less than thirty-five (35) years of age, has a theological degree from an accredited seminary or ministry training school recognized by this Church, and possesses the qualities requisite in a Bishop of this Church.

Provided that no person shall be eligible for nomination unless he willingly and ex animo assent to the doctrine, sacraments, and worship of Christ as set forth in the Catholic Creeds, the Articles of Religion (interpreted in their plain, natural [added later] and intended sense), The Book of Common Prayer of 1662, and The Form and Manner of Making, Ordaining, and Consecrating of Deacons, Priests, and Bishops annexed thereto.

3. (1) The House of Bishops shall appoint a Nominations Committee consisting of not less than three nor more than five Bishops. It shall be the duty of the Nominations Committee to prepare a list of name of suitable candidates for election to the office of Bishop in a particular Missionary Jurisdiction. In determining the content of this list, the Nominations Committee shall receive suggestions from whomsoever wishes to make them; shall consult interested parties (including the Bishops in the Missionary Jurisdiction, the Councils of Advice of the Bishops in the Missionary Jurisdiction, and the congregations and clergy in the Missionary Jurisdiction); may interview prospective candidates, in person or by electronic means; and may use such other means as it may see fit to employ. Suggestions sent to the Nominations Committee shall include an indication of the willingness of the person suggested to be considered for candidacy by the Nominations Committee.

(2) In addition to the list of names of candidates, the Nominations Committee shall provide a curriculum vitae, prepared by each candidate; a statement from each, in the form of responses to a questionnaire prepared by the Nominations Committee and completed by each candidate; and a form of assent to nomination as candidate from each candidate. These documents shall be confidential to the Nominations Committee and the House of Bishops
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(3) The names of candidates shall remain confidential until the list of names of candidates is declared as hereinafter provided.

4. (1) The Nominations Committee shall submit copies of the list of names of candidates and other documentation required under Subsection 3(2) of this Section to each member of the House of Bishops and to the Archbishop at least sixty (60) days in advance of the meeting of the House of Bishops convened for the purpose of electing a Bishop or Bishops for a Missionary Jurisdiction.

(2) The Nominations Committee shall, within thirty (30) days of the date of the meeting of the House of Bishops at which the aforesaid Bishop or Bishops are chosen, declare the list of names of the candidates, determined under Section 2 of this Canon.

5. (1) At the meeting of the House of Bishops convened under the provisions of Subsection 4, the House of Bishops shall resolves itself into a Committee of the Whole and discuss the merits of each candidate on the list and any objections to a candidate, after which the House of Bishops shall take a formal vote on the list of names of candidates.

(2) The presence of two thirds of the members of the House of Bishops shall constitute a quorum for a meeting of the House of Bishops at which a Missionary Bishop is to be elected.

(3) No person shall be held to be elected without having received a majority of the votes of the members of the House of Bishops recorded as present and voting.

(3) With each round of voting those candidates who receive the least number of votes shall be eliminated. In the event no candidate receives a majority vote after repeated balloting, the Archbishop or his delegate shall call upon the House of Bishops to adjourn to the next day, upon which the Archbishop or his delegate shall reconvene the House of Bishops to vote again on the entire list of names of candidates. If after repeated balloting no candidate receives a majority vote, the Archbishop or his delegate shall declare the election void.

(4) When an election has been made, a Declaration in triplicate stating the result of the election shall be signed in the presence of the House of Bishops by the Archbishop or his delegate and by the senior most Bishop present, seniority being determined by date of consecration. One copy of the Declaration shall be filed in he Registry of the House of Bishops. One copy shall be sent to the Bishop-Elect, and one copy to the Missionary Jurisdiction for its Registry.

(5) The election of a Missionary Bishop must be confirmed in writing by Archbishop of the Province before it can take effect

(6) The Bishop-Elect shall give written acceptance of election to the Archbishop of the Province within thirty (30) of the date of the Archbishop’s confirmation of his election.

(7) If the Bishop-Elect declines to accept election, or does not accept election within the aforesaid period or as extended at the discretion of the House of Bishops, or if the Archbishop refuses to confirm the election of a Missionary Bishop, or if the election is declared void, a fresh election shall be held. A new Nominations Committee shall be appointed and the nomination and election process repeated.

6. At his consecration or installation, every Missionary Bishop of this Church shall swear an oath of Canonical obedience to the Archbishop of this Church and to his lawful successors.

7. The election of a Missionary Bishop of this Church shall take effect from the moment of his consecration, or, if he has been already consecrated, upon the confirmation of his election by the Archbishop, provided that everyone so elected shall declare, in writing, his assent to the Constitution and Canons of the Anglican Church of Rwanda according to forms prescribed in these Canons.

Section 3. Councils of Missionary Bishops

1. In a Missionary Jurisdiction in which there is more than one Bishop, each Bishop shall be assigned to oversee the congregations and clergy in a particular Area or Network.

2. In a Missionary Jurisdiction in which there is only two Bishops, the House of Bishops shall, in consultation with the Bishops, determine the assignment of each Bishop.

3. (1) In a Missionary Jurisdiction in which there is three or more Bishops, the Bishops shall form a Council of Missionary Bishops for the Missionary Jurisdiction.

(2) The Council of Missionary Bishops shall coordinate and supervise the overall missionary work of the Church in the Missionary Jurisdiction, and shall perform such other functions as are prescribed by this Canon or may be prescribed by any Regulation made by the House of Bishops under its provisions.. The Council of Missionary Bishops shall have power, at their discretion, to determine the assignment of each Bishop in the Missionary Jurisdiction; in case of the permanent disability of any Missionary Bishop, to declare the office of that Missionary Bishop to be vacant; to authorize a Bishop assigned to one Area or Network to perform episcopal acts in another Area or Network in which a Bishop is temporarily disabled or absent or in which the office of Bishop is vacant; to request the election of a Bishop to fill a vacancy in the office of Bishop in the Missionary Jurisdiction; and to request to the election of additional Bishops for the Missionary Jurisdiction.

(3) The Council of Missionary Bishops shall compile a detailed annual report of the state of the Church in the Missionary Jurisdiction and submit it to the House of Bishops in such form as the House of Bishops shall by Regulation prescribe.

(4) The Council of Missionary Bishops shall elect one of the Bishops in the Missionary Jurisdiction to serve as the Moderator of the Council of Missionary Bishops.

(5) The Moderator of the Council of Missionary Bishops shall hold office for a term of five years or until his successor is elected. He may be re-elected for one additional five-year term.

(6) The Moderator of the Council of Missionary Bishops shall convene the meetings of the Council of Bishops, preside over such meetings, represent the Council of Bishops in its relations with the Province and the Anglican Communion, and perform such other duties as the House of Bishops shall by Regulation prescribe.

Section 4. Missionary Jurisdiction Convocations

1. In each Missionary Jurisdiction there shall be a Convocation which shall be constituted as hereinafter is provided.

2. In Missionary Jurisdictions where there are less than three Bishops the Convocation shall consist of the Bishops, the licensed clergy in the Missionary Jurisdiction and elected lay representatives of the congregations in the Missionary Jurisdiction.

3. (1) In each Missionary Jurisdiction where there are three or more Bishops the Convocation shall consist of the Bishops and elected clerical and lay representatives of the Areas or Networks in the Missionary Jurisdiction.

(2) The Bishops, clerical representatives, and lay representatives in the Convocation shall form separate bodies, each of which shall have the right to originate and propose acts for the concurrence of the other bodies in the Convocation.

4. (1) The Convocation of a Missionary Jurisdiction may make Regulations for the good government and order of the Missionary Jurisdiction, not inconsistent with the provisions of the Constitution and Canons of the Province and any Regulations made by the House of Bishops under the provisions of this Canon.

(2) A Regulation made by the Convocation of a Missionary Jurisdiction shall not take effect unless it is agreed to by a majority of each order recorded as present and voting.

(3) The Convocation of a Missionary Jurisdiction may, by resolution, submit to the House of Bishops a Regulation which was agreed to by clerical and lay members of the Convocation but not by the Bishops by the requisite vote. The passage of such resolution shall not require the concurrence of the Bishops in the Convocation.

(4) If the Regulation is agreed to by the House of Bishops, the ordinance takes effect within the Missionary Jurisdiction on the date on which it was agreed to by the House of Bishops.

Section 5. Area and Network Convocations

1. In each Area or Network of a Missionary Jurisdiction there shall a Convocation composed of the licensed clergy in the Area or Network and the elected lay representatives of the congregations in the Area or Network.

2. (1) The Convocation of an Area or Network may make Regulations for the good government and order of the Area or Network, not inconsistent with the provisions of the Constitution and Canons of the Province and any Regulations made by the House of Bishops under the provisions of this Canon.

(2) A Regulation made by the Convocation of an Area or Network shall not take effect unless the Bishop having jurisdiction over the Area or Network has assented to the Regulation within one month after the Regulation was made.

(3) The Convocation of an Area or Network may, by resolution, submit to the House of Bishops a Regulation to which the Bishop has refused assent.

(4) If the Regulation is agreed to by the House of Bishops, the ordinance takes effect within the Area or Network on the date on which it was agreed to by the House of Bishops.

Section 6. Councils of Advice to Missionary Bishops

1. In each Area or Network of a Missionary Jurisdiction, in which there is a Bishop, there shall be a Council of Advice to the Bishop of the Area or Network. The Council of Advice of an Area or Network shall be appointed for such term of office and in such manner as the Convocation of the Area or Network shall by Regulation prescribe.

2. In a Missionary Jurisdiction in which there is only one Bishop, there shall a Council of Advice to the Bishop of the Missionary Jurisdiction. The Council of Advice of a Missionary Jurisdiction shall be appointed for such term of office and in such manner as the Convocation of the Missionary Jurisdiction shall by Regulation prescribe.

3. (1) Every Council of Advice shall have a President who shall be appointed from among the Members of the Council of Advice. The term of office and manner of appointment of the President of the Council of Advice shall be prescribed by Regulation of the Area or Network or Missionary Jurisdiction for which the Council of Advice is appointed.

(2) The President of the Council of Advice shall convene the Council of Advice. The Council of Advice shall be convened at the request of the Bishop whenever he shall wish for their advice. The Council of Advice may also meet of their own accord and agreeable to their own rules, when they may be disposed to advise the Bishop. The Council of Advice shall perform such other functions as may be prescribed in the Canons of the Province and in any Regulations made by the House of Bishops.

The provisions relating to parish property found in Canon 7 would be unaffected by the proposed changes.

CANON 7 – OF PARISHES

Section 5 - Of Parish Property in Missionary Jurisdictions

Legal title to all property utilized by local congregations shall be indefeasibly vested in the local congregation, or in a corporation own ed and controlled by the local congregation, or in one or more trustees of one or more charitable land trusts that are appointed or elected by the local congregation and hold the local church property in trust for the benefit of the local congregation.

Section 6 - Consecrated Property

Notwithstanding the provisions of Title 1,Canon 7, Section 3 1, no Vestry, officers of the Corporation, Trustees, or other body shall alienate any consecrated Church or Chapel which has been used for Divine Service without the previous consent of the Bishop, or in the Bishop’s absence, the consent of the Council of Bishops. Such consent shall not be unreasonably withheld.

Section 7 - Amendments

This Canon may not be revoked or amended without the unanimous consent of those who are authorized to vote on such a measure.

Prepared By: Robin G. Jordan
Date: May 31, 2011

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