Canon Law: Episcopal Church Property Seizures

By January 15, 2018Cleric Comments

Like a skeleton, the Constitutions and Canons of the Episcopal Church form the compressive elements in the organism that give it its shape.  They determine who gets in, what they have to do to get out.  That’s the theory, at least.  On paper, they look pretty good.  There’s not much left to imagination or interpretation.  Buy they’re like the U.S. Declaration of Independence and Constitution, which were read by Ho Chi Minh, when he was more nationalist than communist.  He read them, liked them, and wrote to the U.S. State Department, asked for help in ousting the French as we were obviously freedom-loving people.  Only problem?  We didn’t do what we said.  The entreaty from Ho was locked away as “Top Secret” because we felt national liberation movements were secondary to the larger task of fighting communism, and the French were needed as allies in that struggle.  Many tears later, it’s clear that if would have acted in accord with our founding documents, the world would be a better place.  I feel the same way about the Episcopal Church.  It would be a pretty good expression of the life and power of Christ if we would just do what they say.

 

Case in point.  My bishop wanted to start new congregations.  He launched an initiative he called “Vision 2000” in the year 2000.  The goal was to raise $10M to start 15 new churches.  I heard about it, and during my annual visit, offered to start a new church with no money needed.  My wife and I were out driving, saw a new elementary school on the outskirts of town in an area that was witnessing new growth, and we stopped in to ask about renting their cafeteria on Sundays.  The staff quickly agreed on a reasonable fee, and I talked my vestry into supported the new effort by letting me leave quickly after the second service and driving down to do a third at the school.  Furthermore, they invested money by buying a new PA system, electric piano, and associated musical gear.  We traveled to the new school and prayed over the neighborhood, asking God to use us to reach those already there and those moving in.

 

The new congregation was fairly successful.  Many people from the home parish would come to church twice on Sunday, attending a service at each place.  People heard about us in the new area and attendance rose.  One of the problems we faced from the start was how to answer the question, “What kind of church are you?”  On the one hand, I wore a collar and a suit, and we loosely followed a Rite II Eucharistic order of service.  No hymnals, but a projector showing words to the songs, which were contemporary for the most part.  My response was, “I’m an Episcopal priest, and the new church plant is sponsored by an Episcopal parish, but we’re striving to develop a church modeled on the principles of Rick Warren’s Purpose Driven Church.  That is, we’re trying to conduct ministry on several levels.  On the one hand, we want to reach the unchurched, and those who’ve been ill-served by mainline churches.  On the other, we want to equip mature Christians to engage in ministry without saddling them with a rehearsal of the ABC’s of the Christian faith.  The next question was this, “Are you liberal, like most Episcopalians, supporting left wing political agendas and encouraging people to hang on to their sinful habits without challenging them to learn, change and grow?”  To this we replied, “No, by no means.”  Then came the question, “Where does the money I put in the plate go?”  This is a problem faced by full-on Episcopal parishes as well as church plants.  The National Church has become famous for wasting money, and using it to advance causes that are questionable if not anti-Christian in their goals.  Further, many people were worried about the fate of funds provided for church facilities that would belong to Bishops and Dioceses, not the individual congregation.  In all sincerity, I could not ask people, whether new or old, to give money to build something that they would not own or control.

 

In order to get around this very real concern, I read the Constitution and Canons.  What I found was that the principle of Diocesan ownership extended to property held by parishes and missions only.  It did not extend to what were called “Church Related Institutions,” like schools, hospitals, and service organizations.  So what I did was draw up articles of incorporation consistent with state diocesan guidelines setting up our congregation as being church-related, but not a parish or mission.  The bishop, who never does anything without consulting his Chancellor, or diocesan attorney, refused to accept the congregation under those terms.  The Chancellor announced that the only two ways Christians could affiliate with the Episcopal Church in that diocese would be as a parish or mission; nothing else would be tolerated.

 

So we continued to operate with no valid articles of incorporation for some time.  After awhile I was involved in a serious auto accident, and although I tried to work at the new congregation for a year, was not able to.  Lacking support from the diocese, I cast about for somebody who could lead the new group from outside the church.  The fellow I selected was soon introduced to that truculence particular to Episcopalians, even ones that are evangelically minded, and abdicated to another who came from the Reformed tradition.  This fellow lasted a year, and last I hear, the church we started is now a Missouri Synod Lutheran congregation.  The equipment we bought and provided, which by the Articles of Incorporation was vested in the Diocese should the congregation fold, has disappeared I know not where.  When a friend who still attends asked if I could preach as a guest preacher, he was told that I was not qualified, as I was not Missouri Synod Lutheran.

 

Since that time the Episcopal Church has been devastated by the departure of faithful, orthodox Christians who, at the cost of their physical plants and ALL property, have left to preserve some semblance of Biblical piety.  This is hard on those who leave, and hard on those who stay.  The last chapter has yet to be written, for as Nebuchadnezzar’s emissary said to Hezekiah, “I’ll give you a thousand horses if you can put riders on them.”  I doubt the bishops who have seized property will be able to pay their mortgages and upkeep with the few parishioners they can put in the pews.  All of this could have been avoided if the Constitution and Canons were read and applied with a little imagination and mercy.  Terrible.

 

Robert

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