The Acts of Convention

House of Deputies

The House of Deputies Committee on Structure presented its Report #93 on Resolution A102 (Amend Article V of the Constitution–First Reading) and moved adoption with amendment.

Original Text of Resolution

(A102)

Resolved, the House of Bishops concurring, That the 77th General Convention amend Article V of the Constitution to read as follows:

ARTICLE V

Sec. 1. A new Diocese may be formed, with the consent of the General Convention and under such conditions as the General Convention shall prescribe by General Canon or Canons , (1) by the division of an existing Diocese; (2) by the junction of two or more Dioceses or of parts of two or more Dioceses; or (3) by the erection into a Diocese of an unorganized area evangelized as provided in Article VI. The proceedings shall originate in a Convocation of the Clergy and Laity of the unorganized area called by the Bishop for that purpose; or, with the approval of the Bishop, in the Convention of the Diocese to be divided; or (when it is proposed to form a new Diocese by the junction of two or more existing Dioceses or of parts of two or more Dioceses) by mutual agreement of the Conventions of the Dioceses concerned, with the approval of the Bishop Ecclesiastical Authority of each Diocese. In case the Episcopate of a Diocese be vacant, no proceedings toward its division shall be taken until the vacancy is filled. After consent of the General Convention, when a certified copy of the duly adopted Constitution of the new Diocese, including an unqualified accession to the Constitution and Canons of this Church, shall have been filed with the Secretary of the General Convention and approved by the Executive Council of this Church, such the new Diocese shall thereupon be in union with the General Convention.

Sec. 2. In case one Diocese shall be divided into two or more Dioceses, the Bishop of the Diocese divided, at least thirty days before such division, shall select the Diocese in which the Bishop will continue in jurisdiction. The Bishop Coadjutor, if there be one, subsequently and before the effective date of the division, shall select the Diocese in which the Bishop Coadjutor shall continue in jurisdiction, and, if it not be the Diocese selected by the Bishop, shall become the Bishop thereof.

Sec. 3. In case a Diocese shall be formed out of parts of two or more Dioceses, each of the Bishops and Bishops Coadjutor of the several Dioceses out of which the new Diocese has been formed shall be entitled, in order of seniority of consecration ordination to the episcopate, to the choice between the Bishop’s Diocese and the new Diocese so formed. In the case the new Diocese shall not be so chosen, it shall have the right to choose its own Bishop.

Sec. 4. Whenever a new Diocese is formed and erected out of an existing Diocese, it shall be subject to the Constitution and Canons of the Diocese out of which it was formed, except as local circumstances may prevent, until the same be altered in accordance with such the convention of the new diocese adopts its own Constitution and Canons by the Convention of the new Diocese.

Whenever a Diocese is formed out of two or more existing Dioceses, it shall be subject to the Constitution and Canons of that one of the said existing Dioceses to which the greater number of Members of the Clergy shall have belonged prior to the erection of such the new Diocese, except as local circumstances may prevent, until the same be altered in accordance with such convention of the new Diocese adopts its own Constitution and Canons adopted by the Convention of the new Diocese.

Sec. 5. No new Diocese shall be formed unless it shall contain at least sixfifteen Parishes and at least sixfifteen PresbytersPriests who have been for at least one year canonically resident within the bounds of such new Diocese, regularly settled in a Parish or Congregation and qualified to vote for a Bishop. Nor shall such new Diocese be formed if thereby any existing Diocese shall be so reduced as to contain fewer than twelvefifteen Parishes and twelvefifteen PresbytersPriests who have been residing therein and settled and qualified as above provided.

Sec. 6. By mutual agreement between the Conventions of two adjoining Dioceses, consented to by the Ecclesiastical Authority of each Diocese, a portion of the territory of one of said Dioceses may be ceded to the other Diocese, such cession to be considered complete upon approval thereof by [sic](a) if within one hundred twenty days before a meeting of the General Convention, the General Convention or (b) if not within one hundred twenty days before a meeting of the General Convention, by a majority of Bishops having jurisdiction in the United States, and of the Standing Committees of the Dioceses, in accordance with the Canons of this Church. Thereupon the part of the territory so ceded shall become a part of the Diocese accepting the same. The provisions of Section 3 of this Article V shall not apply in such case, and the Bishop and Bishop Coadjutor, if any, of the Diocese ceding such territory shall continue in their jurisdiction over the remainder of such Diocese, and the Bishop and Bishop Coadjutor, if any, of the Diocese accepting cession of such territory shall continue in jurisdiction over such Diocese and shall have jurisdiction in that part of the territory of the other Diocese that has been so ceded and accepted.

Committee Amendment

Resolved, the House of Bishops concurring, That the 77th General Convention amend Article V of the Constitution to read as follows:

ARTICLE V

Sec. 1. A new Diocese may be formed, with the consent of the General Convention and under such conditions as the General Convention shall prescribe by General Canon or Canons, (1) by the division of an existing Diocese; (2) by the junction of two or more Dioceses or of parts of two or more Dioceses; or (3) by the erection into a Diocese of an unorganized area evangelized as provided in Article VI. The proceedings shall originate in a Convocation of the Clergy and Laity of the unorganized area called by the Bishop for that purpose; or, with the approval of the BishopEcclesiastical Authority, in the Convention of the Diocese to be divided; or (when it is proposed to form a new Diocese by the junction of two or more existing Dioceses or of parts of two or more Dioceses) by mutual agreement of the Conventions of the Dioceses concerned, with the approval of the BishopEcclesiastical Authority of each Diocese. In case the Episcopate of a Diocese be vacant, no proceedings toward its division shall be taken until the vacancy is filled. After consent of the General Convention, when a certified copy of the duly adopted Constitution of the new Diocese, including an unqualified accession to the Constitution and Canons of this Church, shall have been filed with the Secretary of the General Convention and approved by the Executive Council of this Church, suchthe new Diocese shall thereupon be in union with the General Convention.

Sec. 2. In case one Diocese shall be divided into two or more Dioceses, the Bishop of the Diocese divided, at least thirty days before such division, shall select the Diocese in which the Bishop will continue in jurisdiction. The Bishop Coadjutor, if there be one, subsequently and before the effective date of the division, shall select the Diocese in which the Bishop Coadjutor shall continue in jurisdiction, and, if it not be the Diocese selected by the Bishop, shall become the Bishop thereof.

Sec. 3. In case a Diocese shall be formed out of parts of two or more Dioceses, each of the Bishops and Bishops Coadjutor of the several Dioceses out of which the new Diocese has been formed shall be entitled, in order of seniority of consecrationordination to the episcopate, to the choice between the Bishop’s Diocese and the new Diocese so formed. In the case the new Diocese shall not be so chosen, it shall have the right to choose its own Bishop.

Sec. 4. Whenever a new Diocese is formed and erected out of an existing Diocese, it shall be subject to the Constitution and Canons of the Diocese out of which it was formed, except as local circumstances may prevent, until the same be altered in accordance with suchthe convention of the new diocese adopts its own Constitution and Canons by the Convention of the new Diocese.

Whenever a Diocese is formed out of two or more existing Dioceses, it shall be subject to the Constitution and Canons of that one of the said existing Dioceses to which the greater number of Members of the Clergy shall have belonged prior to the erection of suchthe new Diocese, except as local circumstances may prevent, until the same be altered in accordance with suchconvention of the new Diocese adopts its own Constitution and Canonsadopted by the Convention of the new Diocese.

Sec. 5. No new Diocese shall be formed unless it shall contain at least fifteensix Parishes and at least fifteensix PresbytersPriests who have been for at least one year canonically resident within the bounds of such new Diocese, regularly settled in a Parish or Congregation and qualified to vote for a Bishop. Nor shall such new Diocese be formed if thereby any existing Diocese shall be so reduced as to contain fewer than fifteentwelve Parishes and fifteentwelve PresbytersPriests who have been residing therein and settled and qualified as above provided.

Sec. 6. By mutual agreement between the Conventions of two adjoining Dioceses, consented to by the Ecclesiastical Authority of each Diocese, a portion of the territory of one of said Dioceses may be ceded to the other Diocese, such cession to be considered complete upon approval thereof by (a) if within one hundred twenty days before a meeting of the General Convention, the General Convention or (b) if not within one hundred twenty days before a meeting of the General Convention,by a majority of Bishops having jurisdiction in the United States, and of the Standing Committees of the Dioceses, in accordance with the Canons of this Church. Thereupon the part of the territory so ceded shall become a part of the Diocese accepting the same. The provisions of Section 3 of this Article V shall not apply in such case, and the Bishop and Bishop Coadjutor, if any, of the Diocese ceding such territory shall continue in their jurisdiction over the remainder of such Diocese, and the Bishop and Bishop Coadjutor, if any, of the Diocese accepting cession of such territory shall continue in jurisdiction over such Diocese and shall have jurisdiction in that part of the territory of the other Diocese that has been so ceded and accepted.

Deputy Reid of Northwestern Pennsylvania moved to refer the resolution to the Standing Commission on Structure.

Motion defeated

Deputy Johnson of Minnesota moved to amend the resolution.

Proposed Amendment

Delete “In case the Episcopate of a Diocese be vacant, no proceedings toward its division shall be taken until the vacancy is filled.”

Deputy Van Brunt of Florida moved to amend the amendment.

Proposed Amendment

Following “Bishop of the Diocese divided” add “, if there be one,”.

Deputy Hart of Pennsylvania moved the previous question on the amendment, the amendment to the amendment, and the main motion.

Motion carried

Debate terminated

A vote was taken on the amendment to the amendment.

Motion carried

Amendment adopted

A vote was taken on the amendment as amended.

Motion carried

Amendment adopted

A vote was taken on the resolution as amended.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #237)