Misuse of the Canons & Abuse of Power by the Presiding Bishop: A Statement on Bishop Scriven

The Anglican Communion Institute
Tuesday, January 27th, 2009

The Reverend Canon Professor Christopher Seitz
The Reverend Dr. Philip Turner
The Reverend Dr. Ephraim Radner
Mark McCall, Esq.

In recent months ACI has asked with increasing urgency whether the Presiding Bishop is willing and able to comply with the Constitution and Canons of the Episcopal Church. Her most recent canonical misadventure is purporting to remove from the ordained ministry a bishop in the Church of England canonically resident and working in England and subject to the jurisdiction of the Bishop of Oxford and the Archbishop of Canterbury. Her canonical overreaching has now extended into the heart of the Church of England, placing in serious question the extent to which the Presiding Bishop continues to perceive herself as in communion with that church and its primate, the Archbishop of Canterbury.

On January 15, 2008, the Presiding Bishop purported to accept the “renunciation” of ordained ministry by Bishop Henry Scriven. It is now sadly evident that an actual renunciation is no longer a prerequisite for the Presiding Bishop’s “acceptance” of such an extraordinary action by a bishop of the church. In her zeal to remove from office those with whom she disagrees what started only two years ago as the canonically appropriate, if misguided, procedure of using presentments under the disciplinary canons of Title IV quickly evolved into abuse of the “abandonment of communion” canon in order to avoid the procedural protections afforded to those charged with presentment. But even the summary procedures of the abandonment canon require some process, including a vote in the House of Bishops by a majority of the bishops in TEC entitled to vote. The fact that she has been repeatedly unable to assemble such a majority has not stopped the Presiding Bishop from using this canon, most recently in the case of Bishop Duncan, who at the time he was purportedly deposed for “abandonment of communion” was still actively performing his duties as the Diocesan Bishop of the Diocese of Pittsburgh. After her widely criticized handling of Bishop Duncan, however, the Presiding Bishop dispensed with canonical process altogether and since then has simply adopted the tactic of “accepting” renunciations that were never given. Bishops of the church are removed with nothing more than the stroke of a pen.

The Presiding Bishop’s problem in the case of Bishop Scriven, however, is that he was not in fact a “Bishop of this Church” as required by the canon the Presiding Bishop invoked when she purported to remove him from the ordained ministry and to pronounce him “deprived of the right to exercise the gifts and spiritual authority as a Minister of God’s Word and Sacraments conferred on him in Ordinations.” Those “Ordinations” of which she purports to deprive him were conferred on Bishop Scriven not by TEC but by the Church of England, including by the Archbishop of Canterbury personally. The Presiding Bishop has no authority to deprive him of the ministry conferred on him by his ordination in the Church of England. the rest

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