Chancellor [Daivd] Beers goes on to recount all the many ways in which the actions of the churches, their rectors and their vestries have violated “numerous rules of the Church and state law,” and notes that the Dar-es-Salaam communique called for assurances that no property would be alienated (conveyed away to others) without appropriate consent. He then observes: “The Church is unaware of any movement in this regard on the part of the congregations involved in the pending litigation.”
“Movement?” All he has to do is propose a stipulation that there will be no conveyances; the parties can sign it, the court approves it, and there is the requisite “assurance.” No, this is not the real reason why TEC will not agree to a standstill. The letter goes on to reveal the true reasons:
In these circumstances, it would be premature, to say the least, for the Church at this time to withdraw from or agree to suspend the litigation, thereby ceasing its efforts to protect its interests and that of its past, current, and future members in seeing that parish property be used for the Church’s ministry and mission. Any proposal for such a step should be considered by the Church in connection with all the other recommendations of the Primates’ communique that are under consideration by the leaders and other interested persons within the Church, and in the context of developments that may protect the Church’s interests in other ways. As noted, this involves a process that will be undertaken over time, in accordance with the rules and procedures of the Church.
Thus, the suspension of this litigation at this time would not be appropriate.
Translation: “A standstill with you will never happen, because there are just too many bishops and ‘other interested persons within the Church’ [??!] who want this fight to go forward. There is just too much at stake in terms of power, and any one bishop or church chancellor, or even a few of them together, who called for such a step would immediately be branded as cowards in the eyes of their colleagues. See you back in court.” (And this interpretation of Mr. Beers’s letter was borne out just weeks later, by the pugnacious statements in response to the communique issued from Camp Allen by the House of Bishops.)
Well, here we are now, one year and six months later, and what has this stubborn strategy obtained for TEC and the Diocese of Virginia? The score, by my tally, is currently five to nothing in favor of the withdrawing CANA churches….