Church discipline in the Church of Ireland:

One of the issues that arises in the case of Willi Stewart is the question of Church discipline.

It appears that the way that the Church operates when one of its ministers has an affair or is sexually deviant is to use the civil law or criminal law to address these issues. Though I was part of Core I was a little confused in 2004 when Willi admitted his guilt and pleaded guilty to sexual assault that he was not subject to Church discipline. So at the time of my enquiring from Gordon Linney as to whether he knew about the affair Willi Stewart had had I sought to ask him about Church discipline.

http://dialogueireland.wordpress.com/2011/07/17/further-note-to-trustee-about-church-discipline-25204/

http://dialogueireland.wordpress.com/2011/07/17/to-a-core-trustee-proposals-to-address-the-current-crisis-4304/

There seemed to be no suggestion of following biblical patterns of discipline with a view to addressing the victims and their families or allowing for repentance and restoration. Instead of Core itself being involved with discipling their minister they seem to have handed the case directly over to the Archbishop. Rather from the moment this started the Archbishop seemed to hide behind sub judice rules.

He did not write to the victim until after the court case in 2005. We will write up a further post to show how the Archbishop dealt with this, then how the Bishop of Cashel and Ossorry addressed this from 2008. Finally we will look at the Church of England’s response earlier this month.

While researching this post I found that in fact the Church of Ireland does have disciplinary procedures, but I can see no connection between them and what happened in regard to Willi Stewart or the victims.*

March 2004

TO GORDON LINNEY:

I would like to discuss with you the question of Church discipline.

Before Willi is an ordained minister he is a believer and should be subject to the same discipline as any believer. I am getting the distinct impression that the strategy you are considering is that of supervised exile. How does that address the sin he committed and what action will the Church of Ireland take in regard to it. Should he not be subject to the discipline of the parish before he is subjected to a higher court? Perhaps like in an earlier email I have not understood the way the Church of Ireland deals with things. Hence my desire to understand in my relationship with the xxxx who are plainly Pentecostal in belief, though they are congreants of Core. How does exile facilitate forgiveness and restoration?

I would value a chat with you and will take the liberty of phoning you on Monday unless that is your day off- in which case just reply to this with an appropriate time to call you before Wed evening.

Best Wishes

Mike

*

http://www.ireland.anglican.org/index.php?do=information&id=33

 

25 Liability of Members of the Clergy and Bishops to Disciplinary Action

A member of the clergy or a bishop shall be liable to disciplinary action if he or she is guilty of:

  • an act or omission which would have been a breach or violation of the ecclesiastical law of the United Church of England and Ireland, and an offence punishable by such law in Ireland, at the time of the passing of the Irish Church Act, 1869, and which is a breach or violation of the ecclesiastical law of the Church of Ireland for the time being;
  • any crime for the time being punishable by law in any part of Ireland;
  • failure to obey any order of a Diocesan Court, the Court of the General Synod or any Disciplinary Body;
  • immorality;
  • drunkenness or substance abuse;
  • neglect of duty;
  • conduct unbecoming to the sacred calling of a person in holy orders;
  • any other act or omission which is a breach or violation of the canons or other laws of the Church of Ireland, for the time being; or
  • teaching or publishing of any doctrine contrary to the doctrines of the Church of Ireland.

16.    Exclusion from the Communion of the Church

(1)    If the incumbent is convinced that any member of the congregation ought not to be admitted to Holy Communion by reason of grave and open sin without repentance, the said incumbent shall warn such a person of the grave spiritual danger of communicating in such a state and shall offer pastoral advice, and report the case to the bishop of the diocese in which such congregation is situated.  Should such a person refuse repentance and neglect pastoral advice, the incumbent shall not admit the person to Holy Communion, and shall immediately report to the bishop with all details of the case.  The bishop shall afford the offender the opportunity of an interview before issuing an order and direction in relation to any such person.

(2)    Such person shall have the right to appeal from the order of the bishop to the Diocesan Court, provided that the 17th 18th and 19th and 21st sections and subsection (1) of section 26 of Chapter VIII (or such other provisions of the Constitution to the like effect as may from time to time be in force) shall not be applicable to such an appeal, and no person shall have a right to be present at the court except the person served with notice of the proceedings in accordance with said provisions, the legal advisers of the parties, the witnesses, and the churchwardens of the congregation.

(3)    Any sentence of exclusion from Holy Communion shall be valid in every part of the Church, and no member of the clergy having knowledge of any such sentence shall administer Holy Communion to the person affected thereby, except such person be in peril of death, and have satisfied that member of the clergy of such person’s sincere repentance.

(4)    If any person on whom such sentence shall have been passed shall satisfy the incumbent that such person earnestly repents, and intends to lead a new life following the commandments of God, the incumbent shall notify the same to the bishop who thereupon, if satisfied of the sincerity of such repentance, shall restore the penitent to the communion of the Church.

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