The Diocese of
Springfield
As Amended,
Adopted, and Codified, to and including Amendments Adopted by the Regular
Synod of 1995.
V DISCIPLINE
Canon
40
Of
the Trial of a Clergyman Not Being a Bishop
41
Of
Contempts
42
Of
the Due Celebration of the Lord’s Day
43
Of
Members of the Church
44
Of
Offenses for which Communicants are Liable
45
Of
the Transfer of Members
46
Of
Communicants Who Neglect the Holy Communion
47
Of
Complaint on Repulsion
Canon 40
Of the Trial and
Discipline of a Member of the Clergy Not Being a Bishop
Whenever any
Minister of this Church, not being a Bishop thereof, shall become liable
to presentment and trial in this Diocese, the mode of proceeding shall be
as follows, viz:
Section 1.
Upon information
being given to the Bishop by a major part in number of the Vestry of the
Parish, or of the officers of the Mission, of which the accused is
minister, or by any three Presbyters of this Diocese, or as otherwise
provided by Canon of the General Convention, that any Minister is under
imputation of having been guilty of offense or misconduct for which he is
liable to be tried, it shall be the duty of the Bishop, if he believes the
interests of the Church require an investigation, to appoint three
persons, hereinafter called a Board of Inquiry, of whom two at least shall
be Presbyters, to examine the case, a majority of whom may make
examination, and if there be in their opinion sufficient grounds for a
presentment, they shall present such Minister to the Bishop for trial,
setting forth with reasonable precision of time and place the offenses
charged.
Section 2.
The Bishop shall
appoint the time and place for the trial; the place must be within the
Diocese, and convenient to the residence of the accused. The Bishop (or,
if there be no Bishop, the Standing Committee) may postpone the trial from
time to time, for causes shown, or when justice requires it, and the court
when convened shall have power to adjourn from time to time.
Section 3.
The Bishop shall
preside at the trial as Judge, and five Presbyters shall be his assessors
to try the facts in issue; which Presbyters shall be elected by the
accused out of a list of eight, to be drawn by lot by the Bishop or by his
direction, or, if there is no Bishop, by the Standing Committee, from
among those entitled to seats in the Synod, who shall not be connected
with said party by relationship or marriage, and not parties in the
presentment; and if the accused shall neglect or refuse to make his
selection, the Standing Committee shall select for him; and if there is no
Bishop, or he declines to preside, the five Presbyters selected as
assessors shall designate some one of their number to preside in his
stead.
Section 4.
A written notice
of the time and place appointed for the trial, together with a copy of the
presentment and a citation to appear and answer thereto, shall be served
on the accused, and also on one of the presenters, at least thirty days
prior thereto; and advocates or proctors shall be allowed on either side,
chosen by the Board of Inquiry and the accused, respectively, provided
such advocates or proctors are clergymen canonically resident in the
Diocese, or Laymen, who have been communicants in some Parish or Mission
of the same for at least two years before the trial.
Section 5.
All testimony
adduced upon the trial shall be in writing, taken, on due notice to the
parties, either by a commissary, appointed for that purpose by the Bishop,
or in the manner of commissions and depositions in civil cases. But such
commission shall not prevent the appearance of the witnesses, and the
hearing of their testimony, on the trial, whenever it shall be preferred
by either party; and the testimony so received shall be reduced to
writing, and signed by the witnesses respectively.
Section 6.
If a Clergyman
presented shall, at any time before the commencement of the trial, confess
the facts charged in the presentment, the Bishop shall, with the consent
and approval of the clerical members of the Standing Committee, proceed to
pass the sentence; otherwise, the accused shall be considered as denying
them.
Section 7.
The Court being
duly constituted by the presence of the requisite number of Presbyters, it
shall receive such evidence as may be adduced, in accordance with the
provisions of this Canon, and having deliberately considered the same,
shall declare in writing signed by them or a majority of them, its verdict
on the several charges and specifications charged in the presentment;
distinctly stating whether the accused is guilty, or not guilty, of each
respectively, and in case he is found guilty, stating also the sentence,
which, in its opinion, should be pronounced. A copy of such verdict
shall, without delay, be communicated to the accused, and the original
verdict, together with the evidence, shall be delivered to the Bishop, who
having allowed 30 days for an appeal to the Provincial Court of Review
shall pronounce the Canonical Sentence thereon as shall appear to him
proper (and if there be no Bishop another bishop shall be requested by the
Standing Committee to pronounce the sentence), provided the same exceed
not in severity the sentence awarded by the assessors, and provided
further that the sentence shall not be pronounced while an appeal is
pending in the Provincial Court of Review.
Section 8.
All citations and
notices in any ecclesiastical proceedings, whether to parties or
witnesses, may be served either personally or by leaving copies thereof at
their residences, respectively; and may be served by a summoner or
summoners, appointed for that purpose by the Bishop, and of such service
their certificate shall be evidence. In case of service by any other
person, the fact shall be proved by the affidavit of that person.
Section 9.
The mode of
procedure and rules of evidence, where not otherwise canonically provided
for, shall be in accordance with the Common Law as administered in the
Courts of the State of Illinois.
Section 10.
The expenses
necessarily incurred in any trail under this Canon shall be paid out of
any unappropriated moneys in the Treasury, the account of the same having
first been audited under the direction of the Synod.
Section 11.
The Bishop, or
other president of the Court, after pronouncing the final decision and
sentence in the case, shall transmit all papers, with a minute of such
decision and sentence, to the Secretary of the Standing Committee, whose
duty it shall be to record an abstract of the proceedings and the final
sentence at length, in a book to be kept for that purpose.
Section 12.
All matters of
government and discipline, and proceedings connected herewith, not
specifically provided for by Canon, are within the authority and
jurisdiction of the Ordinary, inherent in his office of Bishop.
Section 13.
Whereas, this
Canon has theretofore been variously construed; therefore, without
intending to alter or enlarge its provisions, the following are appended
as declaratory of the true intent and meaning of the several portions:
a. Section
1 is mandatory and not restrictive in its force, and does not exclude the
Bishop from instituting inquiry into the conduct of any Minister whenever
he shall deem it necessary so to do.
b. Section
3 of said Canon does not provide for or allow any challenge of members of
the Court, save in so far as the right to select from the list of eight
Presbyters presented by the Bishop may be of the nature of challenge.
Section 14.
a.
Effective January 1, 1996, Title IV of the Canons of the General
Convention, as adopted at the 71st General Convention or as hereafter
modified, shall govern with respect to ecclesiastical discipline within
this Diocese.
b. In
effectuation of subsection (a) of this Section and of Title IV of the
Canons of the General Convention, there is hereby established an
Ecclesiastical Trial Court, which shall be elected by the Synod of this
Diocese. The Ecclesiastical Trial Court shall consist of four Members of
the Clergy, who shall be canonically resident in this Diocese, and three
lay persons, who shall be confirmed communicants in good standing in a
parish or mission of this Diocese. The initial members of the
Ecclesiastical Trial Court shall, by order, divide themselves by lot into
three classes, with terms of one, two and three years, respectively. Two
Members of the Clergy shall be allotted three- year terms in the initial
division. Upon the expiration of initial terms, members of the Court
shall be elected by the Synod for three-year terms. The terms of members
of the Ecclesiastical Trial Court shall commence on January 1 following
the Synod at which members are elected. Vacancies on the Court shall be
filled by appointment made by majority vote of the remaining members of
the Court. A person selected to fill a vacancy shall have the same
qualifications and be of the same order as the person whom he or she is
appointed to replace.
c. A
Presiding Judge shall be elected by majority vote of the Court from among
its members within two months of the adjournment of each regular Synod of
this Diocese. Vacancies in the position of Presiding Judge shall be
filled by majority vote of the Court, within 30 days of the occurrence of
a vacancy, from among its remaining members.
d. The
Ecclesiastical Trial Court shall make provision for a Church Attorney.
e. The
provisions of this Section, insofar as they provide for the selection of
an Ecclesiastical Trial Court, shall be effective immediately upon the
approval of this Section by the Synod.
Canon 41
Of Contempts
Section 1.
If any Minister or
communicant of this Church, who shall be subpoenaed to attend as a witness
before the Board of Inquiry, provided for in Canons of this Diocese, or
before a Court constituted under said Canons, shall, without sufficient
excuse, neglect to obey the subpoena, or being present shall refuse to
testify, or to be sworn or affirmed, such person may be declared guilty of
contempt, and of violation of godly discipline.
Section 2.
If any advocate or
proctor engaged in any proceedings before a Court of this Diocese shall be
guilty of contempt of Court, he shall no longer be allowed to appear
before such tribunal, except at the option of the Court.
Section 3.
The Bishop, or
President of any Court, organized under the Canons of this Diocese, shall
be the judge of any contempt committed against the same, and may
administer punishment therefor, or may institute proceedings looking to
such punishment, at the option of the Court.
Canon 42
Of the Due
Celebration of the Lord’s Day
It is the duty of
all persons within the Church to hallow and keep the Lord’s Day, commonly
called Sunday, by regular participation in the public worship of the
Church, by receiving the Holy Communion, by hearing the Word of God read
and taught, by private and public prayer, by other exercises of devotion,
and by works of charity, using all godly and sober conversation, and
abstaining as much as possible from common secular business and
employments.
Canon 43
Of Members of the
Church
Section 1.
All persons who
have received the sacrament of Holy Baptism with water, in the Name of the
Father, and of the Son, and of the Holy Spirit, whether in this Church or
in another Christian Church, and whose Baptisms have been duly recorded in
this Church, are members thereof.
Section 2.
All members of
this Church who have received Holy Communion in this Church at least three
times during the preceding year are to be considered communicants of this
Church.
Section 3.
All communicants
of this Church who for the previous year have been faithful in corporate
worship, unless for good cause prevented, and have been faithful in
working, praying and giving for the spread of the Kingdom of God, are to
be considered communicants in good standing.
Section 4.
Communicants
sixteen years of age or older are to be considered adult communicants.
Canon 44
Of Offenses for
Which Communicants are Liable
Every communicant
of this Church shall be liable to discipline for the following offenses.
a. Open
and notorious evil living.
b. Crime
and immorality.
c. Any
wickedness of life by which their brethren are offended.
d. Doing
wrongs to neighbors by word or deed so that the congregation be thereby
offended.
e. Living
in habitual disuse of Public Worship, or of the Holy Eucharist, according
to the offices of this Church.
f.
Contempt of godly discipline.
Canon 45
Of the Transfer of
Members
Section 1.
A communicant or
baptized member of this Church, changing, by removal or otherwise, his or
her parochial connection, shall present a certificate from the minister of
the Parish or Mission of his or her last residence, or if there be no
Minister, from one of the Wardens, stating that he or she is a communicant
or baptized member in good standing; and the Minister of the Parish or
Mission into which such person removes shall not record his or her name on
the Parish or Mission list until such letter of commendation shall be
delivered or a satisfactory reason be given why the same cannot be
obtained.
Section 2.
It is made the
duty of every communicant or baptized member by the Canon of the General
Convention, to apply, on removal, for a certificate of his or her
standing. This certificate may be given the form following, or in such
form as may indicate the true standing and character:
“I hereby certify
that A. B., who has signified to me his or her desire to be transferred to
the Parish of ________________________ is a member of the Protestant
Episcopal Church in the United States, and has been a communicant or
baptized member in good standing for ________ years last past in the
Parish (or Mission) of ____________________________ and as such is
affectionately commended to the charge of ____________________ as his or
her Pastor in the Church of God.
This certificate,
if not presented within six months from date, may be held to be void, and
it is not to be used as a general testimonial
Signed,
Rector or Minister
or Warden-if there be no Rector or Minister
Dated
__________________
Canon 46
Of Communicants
Who Neglect the Holy Communion
Section 1.
If the Minister of
the Parish or Mission shall observe any communicant of the same to be
irregular or negligent in coming to the Holy Communion, it shall be his
duty to visit the person and premonish him of his bounden duty. If, after
such premonishing, a communicant shall continue for a space of one year to
neglect or refuse to partake of his Sacrament, then the Minister shall
cease to count him as a communicant in good standing.
Section 2.
If any communicant
shall neglect to receive the Holy Communion for the space of two years
consecutively without reasons known and satisfactory to his Minister, then
his name shall be removed from the list of active communicants of the
Parish or Mission, and he may not receive a Letter Commendatory until
satisfactory explanation is made.
Canon 47
Of Complaint on
Repulsion
Section 1.
a. When a
person to whom the Sacraments of the Church have been refused, or who has
been repelled from the Holy Communion under the Rubrics, shall lodge a
complaint with the Bishop, it shall be the duty of the Bishop, unless he
sees fit to require the person to be admitted or restored because of the
insufficiency of the cause assigned by the Minister, to institute such an
inquiry as follows:
b. The
Bishop shall appoint a Commission, composed of the Rural Dean and two
Clergymen of the Deanery in which the Parish or Mission of the Complainant
is situate, and the Chancellor of the Diocese, who shall examine the case,
and make a report of the facts in writing to the Bishop, with its opinion
thereon, who shall then pronounce his decision.
Section 2.
In case of great
heinousness of offense in the party repelled, the Commission may recommend
excommunication, and the Bishop, if he sees fit, may declare sentence
accordingly. The remission of such sentence must be pronounced by the
Bishop. PROVIDED, the Sacrament shall not be refused in any case to a
penitent person at the point of death.
Section 3.
When
excommunication or suspension from the Holy Communion has been confirmed
by the Bishop, the Repulsion shall be binding on all Ministers of the
Diocese, and the party thus repelled is guilty of sacrilege in coming to
the Holy Table until officially restored.
Section 4.
In case the party
injured by an offending communicant be the Rector or Minister of the
Parish or Mission himself, then shall said Minister defer all disciplinary
action until he shall have submitted the case to the Bishop for his
judgment.
