By Michael Heidt, Correspondent
www.virtueonline.org
February 12, 2010
Bishop Mark Lawrence, of the Diocese of South Carolina, has asserted the sovereignty of his diocese after a series of threatening letters were sent from attorney Thomas Tisdale to Wade Logan, Chancellor of the Diocese of South Carolina.
In a pastoral letter dated February 9, 2010, Lawrence addressed this, writing, "Thus the Standing Committee and I believe this action is an unjust intrusion into the spiritual and jurisdictional affairs of this sovereign diocese of The Episcopal Church."
In a letter dated January 25, 2010, Tisdale wrote Logan a letter entitled, "Threatened Departures from the Episcopal Diocese of South Carolina." Tisdale goes on to state, "As South Carolina counsel for The Episcopal Church, I am writing to respectfully request that you send me a list of all persons who have been ordained to the diaconate or priesthood in the Episcopal Diocese of South Carolina since October 24, 2009; all persons who have been ordained by Bishop Lawrence during that period; and a copy of the declaration of conformity signed by each of the ordinands."
According to documents posted on the Diocese of South Carolina's website, a further eight letters were sent by Tisdale, demanding information concerning convention documents, parish by-laws, and Standing Committee reports.
The letters also included requests for documents from four parishes, St. Luke's, St. Andrew's, St. John's and Trinity. Tisdale asked Logan to provide him with mortgage, charter, by-law, and other foundational, governance related records, from these churches.
This has raised serious legal questions on the part on of at least one church attorney, because of Tisdale's apparent role as "South Carolina counsel for The Episcopal Church." According to attorney A.S. Haley, and reported by Virtueonline (VOL), neither the General Convention nor The Episcopal Church, have ever hired an attorney to represent the denomination. But the office of the Presiding Bishop, Jefferts Schori, has legal representation, in the person of Chancellor David Booth Beers.
"David Booth Beers is not the chancellor for that certain voluntary association of dioceses which formed in 1789, and which styles itself the '(Protestant) Episcopal Church in the United States of America.' He is only the personal chancellor for the Presiding Bishop of that Church." writes Haley, in a February 11, 2010 article, entitled, "What in the world is going on in South Carolina?"
"At best", argues Haley, "Mr. Tisdale is acting as South Carolina counsel for the Presiding Bishop's personal chancellor." This relationship is implied in a letter written by Logan to Tisdale on February 5, 2010. Logan writes that he had had an, "earlier telephone conference with David Booth Beers, in which he asked me if the Diocese would provide some information about three churches."
On failing to receive this information, it seems that Beers hired Tisdale to get it and the reason for this is shown in the title of Tisdale's January 25 letter, "Threatened Departures from the Episcopal Diocese of South Carolina."
The implications for Bishop Mark Lawrence are ominous, especially in the light of a recent South Carolina Supreme Court decision, allowing All Saints, Waccamaw Island, to leave the Diocese of South Carolina. In September 18, 2009, the South Carolina Supreme Court decided against The Episcopal Church's claim that all parish property is held in trust for the Diocese under the terms of the Dennis Canon.
While The Episcopal Church (TEC) has not asked the U.S. Supreme Court to review this, All Saints parishioners loyal to TEC have requested an extension of the deadline for such a review. "However, I have it on good information that certain members of the losing parish -- those members of the original All Saints parish who decided to remain with ECUSA, and not to leave with the majority who voted to realign -- did seek and obtain an extension of time within which to request the United States Supreme Court to review the South Carolina decision.
That extension will expire -- and cannot be further extended -- on next Monday, February 15 (2010)." writes Haley. If the request is filed, the window is open for TEC to pursue its defense of the Dennis Canon and further litigation against departing parishes.
By asking Lawrence to provide information assisting this, Chancellor Beers, through his proxy, Tisdale, is making a thinly veiled threat against the Bishop of South Carolina. If Lawrence refuses to comply with TEC's supposed legal counsel's demands, he becomes complicit in parishes leaving TEC's communion and therefore guilty of "abandonment of communion" himself.
The way would then be open for Jefferts Schori to depose Lawrence under Canon 9, Title IV, of TEC's Canon Law. So far, Bishop Lawrence has not complied with TEC's requests, claiming in his pastoral letter that Presiding Bishop, Jefferts Schori, is attempting, "to extend powers not attendant with the office, which are unprecedented and contrary to the polity of The Protestant Episcopal Church of the United States of America."
Whether Bishop Lawrence and the Diocese of South Carolina can be intimidated by the threat of costly and disruptive litigation remains to be seen. That TEC is prepared to pursue legal action is certain, as evidenced by ongoing lawsuits against the dioceses of Quincy, San Joaquin, Pittsburgh and Fort Worth, along the depositions of 490 clergy.
The groundwork for adding another conservative diocese to this number, along with its bishop and clergy, appears to be in the making. As stated in his pastoral letter, Bishop Lawrence has postponed his Diocesan Convention to March 26, in order to consider a further response to TEC's "challenge" to "diocesan life and authority."
END
Bishop Lawrence's pastoral letter and legal correspondence between TEC's counsel and the Diocese of South Carolina can be found at http://www.standfirminfaith.com/?/sf/page/25488 The full text of A.S. Haley's article can be found at Virtueonline http://www.virtueonline.org/portal/modules/news/article.php?storyid=12090
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