Resolution Number: 1994-A023
Title: On the Topic of the Canon on Renunciation of Ministry
Legislative Action Taken: Rejected
Final Text:

Resolution died with adjournment. See Legislative History for original text of resolution.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Indianapolis, 1994 (New York: General Convention, 1995), pp. 782-784.

Legislative History

Author: The Standing Commission on Constitution and Canons
Originating House: House of Deputies
Originating Committee: Committee on Canons

House of Deputies

Original Text of Resolution:

(A023)

Resolved, the House of Bishops concurring, That Canon III.18 be amended to read as follows:

CANON 18.

Of Renunciation of the Ministry

Sec. 1. If any Member of the Clergy of this Church not under presentment subject to the provisions of Canon IV.8 shall declare, in writing, to the Ecclesiastical Authority of the Diocese in which such Member of the Clergy is canonically resident, a renunciation of the Ministry of this Church, and a desire to be removed therefrom, it shall be the duty of the Ecclesiastical Authority to record the declaration and request so made. The Bishop, being satisfied that the person so declaring is not amenable for any canonical offense, and that this renunciation of the Ministry is not occasioned by foregoing misconduct or irregularity, subject to the provisions of Canon IV.8 but is voluntary and for causes, assigned or known, which do not affect the Member of the Clergy's moral character, shall lay the matter before the clerical members of the Standing Committee, and with their the advice and consent of a majority of such members the Bishop may pronounce that such renunciation is accepted, and that the Member of the Clergy is released from the obligations of the Ministerial office, and is deprived of the right to exercise the gifts and spiritual authority as a Minister of God's Word and Sacraments conferred in Ordination. The Bishop shall also declare in pronouncing and recording such action that it was for causes which do not affect the person's moral character, and shall, if desired, give a certificate to this effect to the person so removed from the Ministry.

Sec. 2. If a Member of the Clergy making the aforesaid declaration of renunciation of the Ministry be under Presentment for any canonical offense, or shall have been placed on trial for the same, the Ecclesiastical Authority to whom such declaration is made shall not consider or act upon such declaration until after the said Presentment shall have been dismissed, or the said trial shall have been concluded and the Member of the Clergy acquitted. sentence, if any, pronounced. If the Ecclesiastical Authority to whom such declaration is made shall have ground to suppose that the person making the same is liable to presentment for any canonical offense, such person may, in the discretion of the said Ecclesiastical Authority, be placed upon trial for such offense, notwithstanding such declaration of renunciation of the Ministry.

Sec. 3. In the case of the renunciation of the Ministry by a Member of the Clergy as provided in this Canon IV.8, and in the case of abandonment of the communion of this Church by a Presbyter or Deacon as provided in Canon IV.10, a declaration sentence of removal or deposition shall be pronounced by the Bishop in the presence of two or more Presbyters Priests, and shall be entered in the official records of the Diocese in which the Presbyter Priest or Deacon being removed or deposed is canonically resident. The Bishop who pronounces sentence the declaration of removal or deposition as provided in this Canon IV.8 or IV.10 shall give notice thereof in writing to every Member of the Clergy, each Vestry, the Secretary of the Convention and the Standing Committee of the Diocese in which the Member of the Clergy was canonically resident; to all Bishops of this Church; the Ecclesiastical Authority of each Diocese of this Church; the Presiding Bishop, the Recorder, the Secretary of the House of Bishops, the Secretary of the House of Deputies, and The Church Pension Fund. In giving such notice the Bishop who pronounces sentence the declaration of removal or deposition may request, while stating the reasons, that the sentence declaration of removal be held in confidence until the regular date of the next ensuing publication of the List of Ordained Clergy of this Church. Unless the Presiding Bishop shall disapprove in writing, within thirty days, of the granting of the request that the sentence be held in confidence, those notified as above provided of the sentence declaration of removal or deposition shall not publish or give notice of the same, but shall record the sentence in confidence in the official records kept by each of those to whom notice is sent as above provided.

(b) . Of Bishops

Sec. 4. If any Bishop of this Church not subject to the provisions of Canon IV.8 shall declare, in writing, to the Presiding Bishop a renunciation of the Ministry of this Church, and a desire to be removed therefrom, it shall be the duty of the Presiding Bishop to record the declaration and request so made. The Presiding Bishop, being satisfied that the person so declaring is not subject to the provisions of Canon IV.8 but is voluntary and for causes, assigned or known, which do not affect the person's moral character, shall lay the matter before the Advisory Council to the Presiding Bishop, and with the advice and consent of a majority of the members of the Advisory Council the Presiding Bishop may pronounce that such renunciation is accepted, and that the Bishop is released from the obligations of all Ministerial offices, and is deprived of the right to exercise the gifts and spiritual authority as a Minister of God's Word and Sacraments conferred in Ordinations. The Presiding Bishop shall also declare in pronouncing and recording such action that it was for causes which do not affect the person's moral character, and shall, if desired, give a certificate to this effect to the person so removed.

Sec. 5. If a Bishop making the aforesaid declaration of renunciation of the Ministry be under Presentment for any canonical offense, or shall have been placed on Trial for the same, the Presiding Bishop shall not consider or act upon such declaration until after the Presentment shall have been dismissed, or the said Trial shall have been concluded and the Bishop acquitted.

Sec. 6. In the case of such renunciation by a Bishop as provided in this Canon, a declaration of removal shall be pronounced by the Presiding Bishop in the presence of two or more Bishops, and shall be entered in the official records of the House of Bishops and of [the] Diocese in which the Bishop being removed is canonically resident. The Presiding Bishop shall give notice thereof in writing to the Secretary of the Convention and the Ecclesiastical Authority and the Standing Committee of the Diocese in which the Bishop was canonically resident, to all Bishops of this Church, the Ecclesiastical Authority of each Diocese of this Church, the Recorder, the Secretary of the House of Bishops, the Secretary of the General Convention and The Church Pension Fund.

Proposed Amendment

On line 3, before "Sec. 1" add "(a) Of Priests and Deacons"

On line 3, delete "Member of the Clergy" and insert "Priest or Deacon"

On line 5, delete "Member of the Clergy" and insert "Priest or Deacon"

On line 10, delete "voluntary" and insert "acting voluntarily"

On line 11, delete "Member of the Clergy" and insert "Priest or Deacon"

On line 14, delete "Member of the Clergy" and insert "Priest or Deacon"

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #306)

House of Bishops

HD Message #306: A023 (Amend Canon III.18 (Renunciation of ministry) to Conform to Title IV) The House of Deputies adopted a substitute resolution. Referred by the Presiding Bishop to the Committee on Canons.

Resolution died with adjournment.

Report Reference:   Standing Commission on Constitution and Canons, Reports to the 71st General Convention, 1994, pp. 37-133.
Abstract:   The 71st General Convention rejects the resolution amending Canon III.18 concerning the renunciation of the ministry.
Notes:  

As of the 1994 General Convention, Canon III.18 was vacant and reserved for future use. The proposed canon above is drawn in part from existing language found in Canon IV.8.1-2 [Of the Renunciation of the Ministry] and Canon IV.12.4(b) [Of Pronouncement and Recording of Sentences]. Editorial changes have been made to correct typographical errors. For the specific line numbers referenced by the Legislative Committee's amendment, see The Blue Book, 1994, p. 113.