A.S. Haley: The Church, (P)ECUSA, and the DFMS
April 5, 2013
Excerpt:
I have been asked to explain the difference between "the Protestant Episcopal Church in the United States of America" and the "Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America." In law, the first is a voluntary unincorporated association of dioceses; the second is a religious corporation, formed under New York law. A little history is in order.
You see, PECUSA originally came together as a common-law voluntary association of individual churches which constituted the successors, in each of the respective States represented, of the established Church of England. Those churches in each State became referred to as "dioceses", by analogy to the Church of England.
However, as a common-law association of dioceses, the Church could not hold title to any property, or receive gifts or bequests. At first this did not matter, because the individual parishes in each diocese held the title to their property, and received gifts and bequests. There was no need for the national Church to have any assets, since it consisted solely of a gathering which met for just ten days or so every three years. the rest
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