I now proceed to the task immediately at hand: to correct certain deplorable misrepresentations of fact and law that are passing for substantive analysis on the side of the rump group supported by ECUSA. Though I have done this on earlier occasions, no one among them has taken my analysis to heart, or still less, refuted it. Instead, they keep on promulgating the same fictions, dressed up in new language. This, I submit, is a gross disservice to those who would read and rely upon them.
The blog post which I fisk below comes from an otherwise admirable blog which seeks to compile a history of the current Episcopal divide in South Carolina — a subject to which I have devoted posts here, and here. With regard to the regrettable division that occurred (regardless of who spurred it), the blogger, a retired history professor named Ronald Caldwell, has compiled a useful chronology, and indicates that he is writing a book tracing its origin and evolution.
Thus it seems more necessary than ever that an attempt should be made to set Prof. Caldwell straight, before he commits himself to print. I am taking as my text his post of July 9, 2014, entitled “Reflections on the First Day of Trial” [note: Prof. Caldwell has since modified the title to remove the first two words]. After a brief introduction, he writes:
1-the trial is “to protect” the assets of the independent diocese. Lawrence knows full well that under Episcopal Church law, that he swore to uphold in 2008, all local properties are held in trust for the Episcopal Church and her diocese. The diocese recognized this for years, until 2011. In fact, the trial is to convince the judge to hand over the Episcopal Church property to the independent diocese. There is a difference between protection and seizure.
Notice how this paragraph ignores the All Saints Waccamaw decision, as well as leaves out the trial court’s obligation to follow it.