By Robin G. Jordan
In this paper I draw attention to a number of problematic provisions in the draft canons that were not included in my previous paper. I left these canons to last as they were to a large extent better written than the ones I examined in my previous paper. As well as drawing attention to problematic provisions, I suggest possible changes that would rectify the problem.
Title III
Worship and the Administration of Sacraments
Canon 1 - Of Translations of the Bible
The Lessons used in services of public worship shall be read from translations of the Holy Scriptures as authorized by the Bishop.
The inclusion of a list of translations would be desirable in this canon rather than leaving what translation or translations may be used in services of public service wholly to the bishop. It would also be desirable that the canon contained a provision permitting the bishop to authorize the use of translations not on the list. This would save the bishop from having to periodically publish a list of translations that could be used within the diocese and presbyters, deacons, and lay leaders from having to call or email the diocesan office to find out what translations were currently authorized for use.
Canon 2 - Of the Standard Book of Common Prayer
Section 1 -
The Book of Common Prayer as set forth by the Church of England in 1662, together with the Ordinal attached to the same, are received as a standard for Anglican doctrine and discipline, and, with the Books which preceded it, as the standard for the Anglican tradition of worship.
Until such time as a Book of Common Prayer for use in this Province has been adopted, all authorized Books of Common Prayer of the originating jurisdictions shall be permitted for use in this Church.
Section 2 -
It is understood that there is a diversity of uses in the Province. In order to use these rich liturgies most advantageously, it is the responsibility of the Bishop with jurisdiction to ensure that the forms used in Public Worship and the Administration of the Sacraments be in accordance with Anglican Faith and Order and that nothing be established that is contrary to the Word of God as revealed in the Holy Scriptures.
This canon makes no provision for the bishop authorizing for use within his diocese occasional offices, experimental liturgies for trial use, alternative forms of service, and the like, a provision found in the canons of a number of Anglican provinces. In the Anglican Church of Australia a diocesan bishop can authorize a diocesan service book like the Diocese of Sydney’s Supplemental Sunday Services (2001) for use within the diocese in place of the Book of Common Prayer of 1662, An Australian Prayer Book (1978), and A Prayer Book for Australia (1995), as long as the diocesan service book conforms to the doctrinal and worship standards of the province, which are the Thirty Nine Articles of 1562, the 1662 Prayer Book, and 1661 Ordinal. Sydney is not the only Australian diocese that has its own service book.
Canon 3 - Of the Due Celebration of the Lord’s Day
All members of this Church are called to celebrate and keep the Lord’s Day by regular participation in the public worship of the Church, by hearing the Word of God read and taught, by partaking of the Sacrament of the Holy Communion whenever it is offered, and by other acts of devotion and deeds of charity, according to God’s holy will and pleasure.
This provision was written for Anglicans in the 1950s when everyone who regularly attended church, with the exception of the Seventh Day Adventists, attended church on Sunday. In the twenty-first century Anglicans who regularly attend church may attend on a day other than Sunday. They may attend a late Saturday afternoon worship service at the sanctuary of a local Lutheran church that is allowing their congregation to use its building and attend a Tuesday night small group meeting in someone’s home.
Canon 4 - Of the Administration of the Dominical Sacraments
Section 1 - General
2. It is normative that baptized children and adults be presented to the Bishop for Confirmation.
This subsection says nothing about those who are presented to the bishop for confirmation having repented from their sins and professed faith in Jesus Christ and having undergone adequate preparation before they are presented, two important pre-requisites for confirmation without which confirmation is meaningless.
Section 3 - Concerning the Holy Communion
4. The admission of baptized young children to the Holy Communion is permitted in this Province.
This subsection should include a sentence or two stating that the bishop of the diocese may issue guidelines to his clergy regarding the admission of children to the Holy Communion and requiring clergy to consult their bishop when questions arise over whether a particular child should be admitted to the Holy Communion.
Canon 5 - Of the Music of the Church
It shall be the duty of every member of the Clergy in charge of a congregation to appoint for use psalms, hymns and spiritual songs which are appropriate for worship.
The member of the in charge is the final authority in the administration of matters pertaining to music in the congregation.
The member of the what? In charge of what?
Canon 6 - Of Lay Worship Ministry
Lay persons may be appointed to assist the Clergy in various tasks of worship to further the ministry of the Word and Sacrament.
The Governance Task Force shows itself as not being very far sighted in the provisions of this canon. In a number of Anglican provinces readers, catechists, evangelists, and other lay workers are licensed by the bishop and are authorized to preach and teach. In Kenya catechists and evangelists play an important role in the province’s strategy to take the gospel to unbelievers and to start new congregations as do readers. In Kenya and Uganda readers pastor sub-parishes, satellite congregations of a parish. From their ranks come a large proportion of the deacons and priests of these provinces. The Governance Task Force only envisions lay ministers in a very limited role as assistants to members of the clergy, reflecting the Episcopal background of the task force’s members. The Episcopal Church is not known for its imaginative use of lay ministers or its dynamicism in reaching the unchurched and evangelizing them or planting churches. The canon related to lay ministries does not reflect the emphasis that the provisional constitution and a number of the other canons place on mission. It might be better to omit this canon from the draft canons and leave it to the dioceses how they make the best use of the natural talents and spiritual gifts of the people of God.
TITLE III
Of Ministers, Their Recruitment, Preparation, Ordination,
Office, Practice and Transfer
Canon 1 - Of Holy Orders in the Anglican Church in North America
Section 2 - Concerning Canonical Obedience to Those in Authority
Any person who has received authority to be a Presbyter or Deacon in any Diocese of this Church owes canonical obedience in all things lawful [,reasonable,] and honest to the Bishop of the Diocese, and the Bishop of each Diocese owes canonical obedience in all things lawful [,reasonable,]and honest to the Archbishop of this Church.
I added “reasonable” to this section which is taken from the canons of the Church of England. The experiences of Episcopal clergy during the past twenty years suggests that its addition is both appropriate and desirable.
Canon 3 Of Deacons and Their Ordination
Section 1 - Concerning Prerequisites for Ordination
No person shall be ordained a Deacon in this Church until that person shall have passed a satisfactory examination conducted by those appointed by the Bishop for this purpose, and shall have demonstrated sufficient knowledge of Holy Scripture, the Doctrine, Discipline and Worship of this Church by examination in the following subjects, and any other qualities that the Bishop deems necessary for the office of Deacon:
1. Holy Scripture: the Bible, its contents and historical background;
2. Church History;
3. Anglican Church History;
4. Doctrine: the Church’s teaching set forth in the Creeds and the Offices of Instruction;
5. Liturgics: The contents and use of the Book of Common Prayer;
6. Moral Theology and Ethics;
7. Ascetical Theology: with an emphasis on the prayer life and spirituality of the minister, including the use of the Daily Office;
8. Practical Theology: The office and work of a Deacon; the conduct of public worship; principles of sermon composition and delivery; principles and methods of Christian education in the parish; Constitution and Canons of this Church and the Diocese to which the candidate belongs; and the use of the voice in reading and speaking;
9. The Missionary Work of the Church: How the Gospel has been passed from one language, tribe and nation to another; basic principles of cross-cultural communication; mission strategies; and personal relational evangelism and apologetics.
Along with the content and use of the Book of Common Prayer a candidate for holy orders needs some training in other forms of worship and in Church music of all kinds. I know a number of priests whose training in these areas is negligible and it is evident in the worship of their church. If the member of the clergy in charge of a congregation is the final authority on the use of music in the worship of the congregation, he needs more than a passing acquaintanceship with the wide range of music used in contemporary Anglican churches and how to make the best use of it.
Canon 6 - Of the Acceptance and Dismissal of Clergy in this Church
Section 4 - Concerning Voluntary Renunciation from the Ordained Ministry of this Church
1. Any Deacon or Presbyter in good standing may resign from the Ordained Ministry of this Church by sending a resignation in writing to the Bishop in jurisdiction. The Bishop or other Ecclesiastical Authority shall record the declaration and request so made, and shall determine that the Deacon or Presbyter is not under discipline as defined in Title IV of these canons,
and that the renunciation is not occasioned by misconduct or irregularity, but is voluntary and for causes which do not affect the moral character of the Deacon or Presbyter. Upon making this determination, the Bishop or other Ecclesiastical Authority shall defer formal action upon the declaration for two months, and meanwhile shall lay the matter before the Standing
Committee or its equivalent for advice and consent. With its advice and consent, the Bishop or other Ecclesiastical Authority may pronounce that such renunciation is accepted and that the Presbyter is released from the obligations of the Ministerial office, and that the Deacon or Presbyter is deprived of the right to exercise the gifts and spiritual authority as a Minister of God’s Word and sacraments conferred in ordination.
2. The Bishop’s declaration shall state that the renunciation was for causes which do not affect the Deacon or Presbyter’s moral character, and shall, if requested, give a certificate to this effect to the person so removed from the ministry. In all other cases of renunciation of the ordained ministry, where there may be a question of misconduct or irregularity, the Bishop
shall follow the procedures outlined in Canon IV.7.
This canon needs to draw a clear distinction between a resignation and a renunciation of orders. In light of what happened to a number of ACNA bishops when they resigned from The Episcopal Church I would have thought that the Governance Task Force would have taken more care in drafting the provisions of this canons. I would also require a renunciation of orders to be signed in the presence of a notary, signed and dated by two witnesses, and then affixed with the notary’s seal as an authentic document. This would be a safeguard against a resignation being treated as a renunciation of orders.
Canon 7 - Of Rectors and Other Congregational Clergy
Norms for the calling, duties and support of Rectors and other Clergy, and the dissolution of a pastoral relation shall be provided [change to “prescribed”] by each Diocese [add “by canon”].
These changes in this canon are self-explanatory.
TITLE IV Ecclesiastical Discipline
Canon 2 - Of Charges against Bishops, Presbyters, or Deacons
A Godly Admonition is a written directive from a Bishop with jurisdiction to a member of the Clergy under his jurisdiction.
Such admonition shall not be issued until the Bishop shall have met personally with the member of the Clergy – unless for valid reason the Bishop shall have delegated such meeting to another Bishop – and the issues have been clearly and fairly discussed.
The written admonition shall be specific concerning the matter complained of and the canonical or theological basis for the complaint, and shall provide a reasonable time for the required action to be taken.
The written admonition also need to be specific as to what action is required of the member of the clergy.
Canon 3 - Of Presentments of Presbyters and Deacons
Section 1 - Concerning Accusations
An accusation of conduct believed by the accuser(s) to be in violation of Canon IV.2 may be brought against a Presbyter or Deacon. The accusation(s) shall be in a writing that contains the facts supporting the allegations of wrongdoing and shall be signed by the accuser(s) and
delivered to the Bishop. If the Bishop deems the accusation(s) not to be frivolous, he shall cause an investigation to be made by a canonical investigator. During the pendency [change to “completion”] of the investigation, the details of the accusation(s) and the investigation shall be maintained in appropriate [change to “strict”] confidence.
“Pendency” means “state of awaiting settlement.” All investigations should be conducted in strict confidence. The term “appropriate” is open to misinterpretation.
Canon 4 Of Presentments of Bishops
Section 2 - Concerning Response to Rumors
Whenever a Bishop shall have reason to believe that there are in circulation rumors, reports, or allegations affecting his personal or official character, he may demand in writing of the Archbishop, the Archbishop’s delegate, or the College of Bishops, that investigation of such rumors, reports and allegations be made.
In a survey of the canons of a number of Anglican provinces and extramural Anglican ecclesiastical bodies on the Internet I found provisions similar to the provisions in this and the following sections in the canons of the Anglican Church in America (ACA), the Anglican Province of America (APA), and the Reformed Episcopal Church (REC) but I found nothing like these provisions in the canons of the Anglican provinces that I examined, including the Anglican Church of the Province of the Southern Cone of America and the Church of Nigeria (Anglican Communion). The provisions in the ACA, APA, and REC appear to have been modeled upon each other and appear to have been intended to suppress dissent in those bodies rather than to protect the reputation of the bishop from slander. It must be noted that the canons of the REC from 1903 to 1984 had nothing like these provisions; they appear to be of fairly recent origin in the REC canons. The Board of Inquiry that they establish is authorized to go on what amounts to a fishing expedition, looking for wrongdoing where there may be no wrongdoing, and in some ways is reminiscent of the Holy Inquisition and the Royal Commissioners and the Star Chamber proceedings during the reign of Charles I and the primacy of Archbishop Laud. These provisions are the sort of thing that one would expect The Episcopal Church to adopt when it revises its canons relating to ecclesiastical discipline. They are not something one would expect to find in the new Anglican Church in North America. This section should be dropped from the canon on the presentment of bishops.
Section 3 - Concerning the Board of Inquiry
The Archbishop upon receipt of a presentment under Section 1 or of a demand under Section 2 shall select a Board of Inquiry of five Presbyters and five confirmed lay members in good standing, none of whom shall belong to the Diocese of the accused, of whom eight shall form a
quorum, and [add “shall”] refer the matter to it.
The phrase, “presentment under Section 1 or of a demand under Section 2” should be omitted. See Section 2.
Section 4 - Concerning the Process of Inquiry
The Board of Inquiry shall investigate such rumors, reports, or charges, as the case may be. In conducting the investigation, the Board shall hear the accusations and such proof as the accusers may produce, and shall determine whether, upon matters of law and fact, as presented to them, there is ground to put the accused to trial.
Whatever provisions of this section that relate to investigation conducted into “rumors, reports, or allegations “affecting the personal or official character of a bishop should be omitted. See Section 2.
Section 5 - Concerning Testimony and Confidentiality
The testimony to the Board of Inquiry shall be recorded and transcribed and shall be preserved in the archives of the College of Bishops. The proceedings of the Board as to the investigation of rumors shall be private; provided however that if the Board determines that the rumor is unfounded it shall issue to the requesting Bishop a written statement to that effect.
Omit the final sentence, “The proceedings of the Board as to the investigation of rumors shall be private; provided however that if the Board determines that the rumor is unfounded it shall issue to the requesting Bishop a written statement to that effect.” Section 2.
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