Friday, July 25, 2014

Quincy Appeal Affirms Lower Court Decision

The Fourth District of the Illinois Appellate Court has just upheld Judge Ortbal's ruling in The Diocese of Quincy vs. The Episcopal Church. In their ruling, the justices commend the lower court for its "detailed order," and express concurrence with the view that the Dennis Canon may impose restrictions on a Parish's ability to dispose of its property but impose no comparable restriction on the freedom of a Diocese. "A review of the evidence presented in this case, including testimony from Dr. Mullin, the Church's own witness, does not clearly demonstrate the existence of a hierarchical relationship between the Diocese and the Church," declares the court. "Indeed, the Church's authority is not readily ascertainable without an impermissible investigation into matters of polity." (Para. 48)

¶ 19 During the three-week trial that followed, 11 witnesses testified. We will recount only what is necessary to resolve the issues raised on appeal.

¶ 20 Dr. Robert Bruce Mullin testified for the Church as an expert regarding its structure and history. Mullin opined the Church was hierarchical. When asked the basis for his opinion, Mullin responded, "Because it is self-evident from evidence itself, you know, that all you have to do is look at the structure of the Episcopal Church and history of the Episcopal Church and it is a hierarchical church. No one is going to question the Episcopal Church is hierarchical before 2008." Mullin then testified in detail regarding the history of the Church.

¶ 21 However, on cross-examination, Mullin agreed his opinion the Church is hierarchical is not expressed in the Church's constitution. He also agreed neither the Church's constitution nor its canons specifically reference a three-tiered form of governance. Mullin further agreed the Church's constitution and canons do not prevent a diocese from withdrawing from the Church. Mullin was unaware of any attempt under Illinois law to remove the members of the Trustees from their offices. While Mullin testified the members of the Diocese forfeited their offices by leaving the Church, he could not point to the "magic moment" when they did so. He also agreed the Church cannot compel a diocese to contribute any money. Instead, the Church suggests what should be contributed. Historically, the lack of support from the dioceses has been a "frequent problem." Mullin also admitted the Church's constitution and canons do not provide for the discipline of a diocese.

¶ 22 Dr. Jeremy Bonner, a specialist in Church history, testified for the Diocese. According to Bonner's testimony, the Church is "an extremely decentralized association" of state churches or dioceses. The Church's constitution lacks a supremacy clause and a mechanism to enforce its canons or legislation against a diocese. According to Bonner, the most striking characteristic of the Church is its lack of any supreme judiciary. During his testimony, the following colloquy took place:

"Q. In your opinion, can a religious organization which lacks a constitutionally established executive and judicial function which has no language of supremacy in its constitution function as an hierarchical church?

A. I do not see how.

Q. How can [the Church] then enforce its canons against a member diocese?

A. It can't. It can express its displeasure and can exert moral outrage and attempt to persuade its dioceses of the need to change, but recent disputes have shown the limitations of that strategy."

¶ 23 Bonner also testified he was unaware of any canon that purports to give the Church authority to assert control over a diocese's property. He explained while the so-called "Dennis Canon" (Title I.7.4) purports to declare a trust in parish property to restrict a parish's ability to dispose of it, that canon does not apply to property owned by a diocese.   

Thursday, July 24, 2014

Wrapping It Up: South Carolina Trial, July 24, 2014

Day 13 of trial
They say one is known by the company one keeps, in this case the Bishop of South Carolina to my right and the Henry R. Luce Professor of the Civil War Era in the "pew" directly behind me. Perhaps notoriety is preferable to obscurity, after all.

Whenever one is spared an ordeal, initial relief is soon succeeded by a measure of regret that one has been unable to make public the fruits of one’s research. After two weeks in Charleston and five days sitting in the St. George courthouse, the news that I was not to take the stand was hardly a surprise, however, after this morning’s bravura performance by Gettysburg College's Allen Guelzo, who delivered one of the most lucid pieces of witness testimony of the whole trial.

Beginning with the review of an eighteenth century Act of Parliament acknowledging the Moravians as a “Protestant Episcopal” church, Diocese of South Carolina attorney Alan Runyan pressed on to explore the autonomous character of the state associations of colonial churches that existed after the American Revolution, discussed the notion of subsidiarity as expressed in William White’s initial proposals for the organization of a national church, and examined the nature of diocesan independence as experienced by South Carolina Episcopalians between 1861 and 1865. In passing, the court heard the public reading of various extracts from Powel Dawley’s The Episcopal Church and Its Work, published in 1955 as part of the Church’s Teaching Series (and which Bishop Mark Lawrence used while training to be a lay reader in The Episcopal Church in the 1970s), many of which are noteworthy for their lamentation about the decentralized character of the national church, almost forty years after the establishment of the National Council (later the Executive Council).

Both Mary Kostel and David Booth Beers did their best with a witness for whom they were unprepared (this is permitted under South Carolina law, as Guelzo was introduced for the purpose of rebuttal of their earlier argument pertaining to the manner in which the national church exercised control over dioceses and states). Kostel focused on the writings of nineteenth century commentators that have been at the center of my counterpart Robert Bruce Mullin’s arguments, but Guelzo fought back, in the process eliciting from the judge the revelation that state law requires that an expert witness have the freedom to offer a critique of a proffered document if he declines to accept it as “learned treatise” (something which came as news to a number of the South Carolina attorneys present for the independent Diocese). Freed from a simple acknowledgment of the statements presented, Guelzo happily explained how most of the advocates of national church hierarchy in the nineteenth century were ritualist partisans and certainly enjoyed no authority from the General Convention to say what they said. Asked for a counter argument from the same era, he proffered Calvin Colton’s Genius and Mission of the Protestant Episcopal Church in the United States (1853), a source of which, I must confess, I was unaware, but which I’ve no doubt fits the bill. The point at issue is that any notion of a churchwide consensus on polity is simply unsustainable. There followed a fruitless set of exchanges between Guelzo and David Beers in which the latter was in fairly short order outmaneuvered, when he attempted to switch the focus to twentieth century canon law, of which Guelzo did not profess to be an expert.

So the final historical verdict on the Diocese of South Carolina is delivered by the premier historian of the Reformed Episcopal Church, who after serving for many years as an REC priest was received into the then Episcopal Diocese of Quincy in 2000 and now assists in the Diocese of Pennsylvania, whose Provisional Bishop, Clifton Daniel, gave testimony on behalf of the national church earlier in these proceedings!

It’s been an interesting four years from July 2010, when I began to assist the Diocese of Quincy, until today. I’ve got to meet some interesting people and developed a fondness for a number of lawyers, while still rendering up thanks that I’m not part of the legal profession. For all that, I hope this whole process will prove to have been worth it. I have no doubts about the history, for the record is clear, but whether the lawsuits may ultimately have served to distract the Church from what is meant to be its focus is another matter entirely.

Wednesday, June 18, 2014

Stand Up Guards: An Anniversary

Today is Waterloo Day, one year short of the bicentennial.

It would also have been my father's eighty-eighth birthday. 

I miss him.

Monday, June 16, 2014

Looking Backward

A Nicene Prohibition forbade a Bishop to exercise his authoritative episcopal functions within the limits of the Diocese of another Bishop . . . [but intervention may be justified] by the Historic Episcopate, wherever existing, unscriptural terms of communion doctrine are exacted, departures from primitive catholic doctrine which are unauthorized and unsound are inculcated, unhistoric domination of an alien episcopal authority is imposed, and unwholesome and immoral practices in the discipline of daily life are permitted and encouraged. If believing souls call aloud for relief from such encompassing error and wrong, then the entering-in for help would seem to be rather a rightful catholic protection of oppressed orthodoxy, than an uncatholic intrusion into a prohibited cure.   

Another polemical outburst from a representative of schismatic Anglican conservatism?

Well, no, it's actually the pronouncement of the Joint Committee on the Increased Responsibilities of the Church of the General Convention of The Episcopal Church in 1898, regarding the extension of episcopal oversight to the new American jurisdictions of Cuba and Puerto Rico. How times change!          

Thursday, June 05, 2014

Hensley Henson on the Consequences of War

As part of my duties as Ramsey Fellow, I am assisting Durham Cathedral in their preparations to observe the centenary of the First World War. Prominent among the primary sources available to us are the diaries of that renowned ecclesiastic Hensley Henson, who in 1914 was Dean of Durham Cathedral. The entries for the war years are by turns, amusing, sobering and touching. What follows (with the kind permission of the Dean and Chapter) is a portion of the entry for August 27, 1914:

What effect has war on Religion? I suspect that the effect is almost universally bad. There is no time for thinking, a vast stimulus is given to feeling. While the intellect is barren the emotions run riot. In an atmosphere of morbid sensationalism every superstition grows rankly. Death and the fear of death lie like a pall on the intelligence and paralyse the conscience. Every form of teaching and devotion which seems to illumine or affect the shadowed existence beyond the grave appeals to the bereaved, and a fat soil is prepared in which charlatanry can flourish. The prophecy-fanaticks secure a hearing & every type of wonder worker can count on a market. Besides, there is wide-spread and serious confusion of morals. War itself is hard to place in the scheme of Christian morality & patriotism is a creed which covers many sophistries. The sacred apologists of War with the New Testament as their text-book cannot be said to be an impressive company. Their embarrassment extends itself from the pulpits to the pews & everybody worships with a troubled conscience. Moreover, the daily reports of fighting & every form of violent atrocity are nowise wholesome feeling for the human spirit, which they inflame and distort.

Henson, it should be noted, was no pacifist. He willingly spoke at recruiting drives throughout County Durham and frequently preached to soldiers of the Durham Light Infantry, but it is evident that he had little time for the clerical jingoism of the early months of the War. He presciently foresaw the implications of the carnage of the Somme and Passchendaele on public opinion twenty years later, when he stood out as one of the few Church of England bishops actively opposed to Appeasement.         

Wednesday, June 04, 2014

Remembering Tiananmen Square, June 1989

Twenty-five years ago, beginning on the night of June 3, 1989, units of the People's Liberation Army (PLA) entered Beijing's Tiananmen Square to bring to an end six weeks of protests that had witnessed over a million students and workers demanding reforms that raised the possibility of an end to one-party rule and the advent of democracy in China. At the time observers speculated as to whether the PLA would side with the protesters or the government, but the lack of response from the countryside served to make clear that for many Chinese the prospect of widespread civil disorder only twenty years after the Cultural Revolution was not welcome.    

Post-Tiananmen China has become a global superpower with armed forces that are increasingly able to assert Chinese influence across South-East Asia. A hundred years ago, Theodore Roosevelt predicted a "Pacific Century" in which the United States would be the global superpower; today it seems that the twenty-first century will also be a Pacific Century.  Yet just as Vladimir Putin looks back to Peter the Great and the Romanovs for his inspiration, so the Chinese Communist Party seeks to emulate the expansionism of the Ming and the Qing dynasties, without succumbing to the Western "vice" of democracy. Will it succeed? It was hard in June 1989 to anticipate that only six months later the Berlin Wall would have fallen and the Soviet Union be in an advanced state of disintegration yet so it proved. While nationalism has proved an appealing theme for the Party to promote in recent years, the Manchus remain a potent example of how revolutions devour their own children. Twelve years after the Boxer Rebellion, the last emperor abdicated.

No one can know the consequences of democratization in China, either in 1989 or 2014, and yet, as Churchill remarked, though it may be a bad system it is better than the alternatives. We can nevertheless salute the idealists of Tiananmen Square, those who died and those who still live, for their refusal to accept the status quo. One day, God willing, they will have their memorial in the country for whose future they strove.                     

centre
The Goddess of Democracy

















































































































































































Friday, April 11, 2014

Congratulations to Christopher Gildemeister


http://upload.wikimedia.org/wikipedia/commons/thumb/b/b9/Flag_of_Minnesota.svg/500px-Flag_of_Minnesota.svg.png
Yesterday, one my closest American friends, Christopher Gildemeister, received his long overdue PhD from our alma mater, The Catholic University of America, with a dissertation entitled An Analysis of the Portrayal of Catholicism on Prime-Time Network Entertainment Television, 1950-1980. It was dearly earned, but few people I know deserve more to bear the appellation Doctor of Philosophy.    

Wednesday, February 26, 2014

The New Man: C. S. Lewis and Posthumanism

A thought-provoking paper delivered to the Anglican Studies Seminar on February 25 by Professor Robert Song.



Wednesday, October 30, 2013

The Legacy of Vatican II: Another Scholarly Contribution

With sincerest thanks to my fellow editors, Chris and Mary Beth, and to all our contributors, I am pleased to announce that Fordham University Press have released Empowering the People of God: Catholic Action Before and After Vatican II. You can purchase it at the FUP website or on Amazon.

Update: 26 November 2013.


Fordham University Press Booth, American Academy of Religion, November 2013

Thursday, September 19, 2013

Heading North

 A view of the facade of Abbey House. The uniform appearance of this facade is mis-leading, as the remains of older buildings on the site have been incorporated into its construction.
Department of Theology and Religion (Abbey House)
University of Durham

I am pleased to announce that, as of October 1, 2013, I will begin an eleven-month term as as the Michael Ramsey Postdoctoral Fellow in Anglican Studies at the University of Durham. I will be working under the direction of the Van Mildert Canon Professor of Divinity, Mark McIntosh, devoting half of my time to assisting in the development both of the postgraduate and the postdoctoral elements of Anglican Studies and half to my own research.

As part of the terms of this appointment, it has been agreed that, during my tenure as fellow, my public involvement in controversial matters in the Anglican world will be in a personal capacity and will not be considered to reflect the views of Durham University, Durham Cathedral, the Department of Theology and Religion or the Michael Ramsey Programme in Anglican Studies. Any involvement in ongoing legal proceedings will be undertaken in a private capacity, in my own time, and will not involve use of Durham University or Durham Cathedral’s name or resources.

That said, it is my hope that the next year will provide many opportunities for developing a research framework for the program that devotes attention to all aspects of the Anglican world, High, Low and Broad, Global North and Global South. After all, the Twenty-First Century looks likely to be as interesting (in the Chinese sense) an era for Anglicans as was the Seventeenth.

Finally, and on a personal note, it will be a truly blessed opportunity to be working just a short walk from where my father lies buried, although I will not be working in Abbey House, where he had a room overlooking the Nine Altars (the east end of Durham Cathedral), but in 16 South Bailey, which was formerly the home of Michael Ramsey and his wife. Two generations in the same department. It has a nice ring.