The Presiding Bishop’s memo (see below) is a fascinating read. I do not wish to engage the issue of whether Bishop Duncan should or should not be deposed. I am concerned that he or any other Bishop facing deposition should be treated fairly.
The difficulty facing the PB and HoB is clearly, and I think fairly, presented by our Presiding Bishop. “Canon IV.9(2) states that the vote to consent must, first, take place at a ‘regular or special meeting of the House’ and, second, be ‘by a majority of the whole number of Bishops entitled to vote.’
Problem: these days it is difficult to get “a majority of the whole number of Bishops entitled to vote” to attend an interim meeting of the HoB. And even if that goal were achieved, then a motion to depose would require an almost unanimous vote by the Bishops present.
Pierce’s translation: taking the two requirements together (vote at an actual meeting and a super majority is required), it is difficult to depose a Bishop for abandonment.
Pierce’s observation: I think that was the intention. Note the additional requirements for deposing a priest or a deacon (see Canon IV.10)
What do to do? The PB speaks:
“In these circumstances, I concur with my Chancellor and the Parliamentarian that any ambiguity in the canon should be resolved in favor of making this important provision work effectively and that the discipline of the Church should not be stymied because a majority or nearly a majority of voting bishops are no longer in active episcopal positions in the Church and their attendance at meetings is hampered by age, health, economics, or interest in other legitimate pursuits.”
In secular law any ambiguity is resolved in favor of the defendant or the accused. The general principle is that it is better that 10 guilty persons go free than one innocent person be punished. Here, however, exactly the reverse is being argued. In order for “this important provision [to] work effectively and that the discipline of the Church should not be stymied,” the three in authority have decided to reduce the majority required to the absolute bare minimum, ie a majority of Bishops present and voting. In other words, the bar has been set high, discipline may be stymied, therefore lower the bar.
The PB then states: “I concur with this advice, and that will be the ruling of the Chair. Any member of the House may appeal the ruling of the Chair, which may be overruled by a two-thirds vote pursuant to House Rule XV, p.192.”
If there be any integrity remaining in our House of Bishops, the ruling of the Chair will indeed be successfully appealed.
–The Rev. Nathaniel W. Pierce is an Episcopal pirest and blog reader who lives in Trappe, Maryland