Full Legislative History
Resolution Number: 1985-D005
Title: Amend Canon IV.10 [Abandonment of the Church by a Presbyter or Deacon]
Legislative Action Taken: Concurred
Final Text:

Resolved, That Canon IV.10 be amended to read as follows:

CANON 10

Of the Abandonment of the Communion of This Church by a Presbyter or Deacon

Sec. 1. If any Presbyter or Deacon shall If it is reported to the Standing Committee of the Diocese in which a Presbyter or Deacon is canonically resident that such Presbyter or Deacon, without availing himself of the provisions of Canon IV.8, has abandon ed the Communion of this Church, then the Standing Committee shall ascertain and consider the facts and if it shall determine by a vote of three-fourths of its members that such Presbyter or Deacon has abandoned the Communion of this Church by an open renunciation of the Doctrine, Discipline, or Worship of this Church, or by a formal admission into any religious body not in communion with the same, or in any other way, it shall be the duty of the Standing Committee of the such Diocese in which the said Presbyter or Deacon is canonically resident to certify the fact to transmit in writing to the Bishop of such Diocese, or if there be no such Bishop, to the Bishop of an adjacent Diocese, and with such certificate to send its determination, together with a statement of setting out in reasonable detail the acts or declarations which show such abandonment; which certificate and statement shall be recorded, and shall be taken and deemed by the Ecclesiastical Authority as an equivalent to a renunciation of the Ministry by the Minister himself, and the said relied upon in making its determination. If the Bishop affirms such determination, the Bishop shall then inhibit the Minister Presbyter or Deacon from officiating in the said Diocese for six months. Notice shall be given by the Bishop to the Minister so inhibited that unless he shall within six months, transmit to the Bishop a retraction of such acts or make declaration that the facts alleged in said certificate are false, he will be deposed from the ministry. and shall send to such Presbyter or Deacon a copy of such determination and statement, together with a notice that such Presbyter or Deacon has the rights specified in Section 2 and that at the end of such six-months period, the Bishop will consider deposing such Presbyter or Deacon in accordance with the provisions of Section 2.

Sec. 2. Prior to the expiration of the six-months period of inhibition, the Bishop may permit such Presbyter or Deacon to utilize the provision of Canon IV.8. If within such six-months period the Presbyter or Deacon shall transmit to the Bishop a statement in writing signed by such Presbyter or Deacon which the Bishop is reasonably satisfied constitutes a good faith retraction of such declarations or acts relied upon in the determination or a bona fide denial that he committed the acts or made the declarations relied upon in the determination, the Bishop shall withdraw such notice and the inhibition shall expire. If, however, within such six-months period, the Bishop does not pronounce acceptance of the renunciation of such Minister Presbyter or Deacon in accordance with Canon IV.8, or such Minister Presbyter or Deacon does not make retraction or declaration in accordance with notice given under Section 1, denial as provided above, then it shall be the duty of the Bishop either (i) to depose such Minister from the Ministry and to pronounce and record in the presence of two or more presbyters, that he has been so deposed Presbyter or Deacon as provided in Canon IV.12, or (ii) if the Bishop is satisfied that no foregoing irregularity or misconduct is involved, with the advice and consent of the Standing Committee, to pronounce and record in the presence of two or more Presbyters, that such Minister Presbyter or Deacon is released from the obligations of the Ministerial Office Presbyter or Deacon and that he is deprived of the right to exercise the gifts and spiritual authority as a Minister of God's Word and Sacraments conferred in Ordination for causes which do not affect the person's moral character.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Anaheim, 1985 (New York: General Convention, 1986), p. 609.