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Newsletter: Issue 3

Lambeth Commission Report: a Legal Analysis

Members will recall that our First Newsletter reported on the Primates’ Extraordinary Meeting in October 2003, and the establishment of the Lambeth Commission. The Commission has now reported. Its report can be downloaded from the Anglican Communion web site: www.anglicancommunion.org.

"Bonds of affection", not law, have always provided the underpinning for the Anglican Communion. Our relationships have historically been genetic, not contractual; we have recognised each other as members of a family, not partners in a federation. But the Lambeth Commission has had to ask whether it is now time to buttress these powerful personal relationships with some kind of law – and, if so, how?

To a very large extent, the Commission's answer has been “No”. No new legal power is needed to enable us to take account of the likely impact of our decisions in the much closer-knit global community we now inhabit – indeed, modern communications make it all the easier for us to see exactly what that impact might be. What is needed, rather, is a cultural shift that would translate all our talk of "interdependence" into action.

Where the Commission introduces a new legal concept is in relation to the proposed "Anglican Covenant". This is sketched out in Appendix 2, and is modelled on the ecumenical covenants with which Anglicans in many places are already familiar (the Porvoo Agreement is a classic example for European Anglicans). The intention of the Covenant is not to create some new federal structure which would replace the present genetic linkages, but rather to act as a forcible internal reminder to provinces of their interdependence with one another in the Communion.

This is as much an educational process as a legislative one. The contents of the covenant are largely commonplace: "Each church shall act in a manner compatible both with its belonging to the One, Holy Catholic and Apostolic Church, and with its membership of the Anglican Communion" (Article 9 (1), p 83); and the detail is purposely left open for further deliberation amongst the provinces and between the Instruments ("we emphasise that this is only a preliminary draft and discussion document": para 118/p 62). There will be a long road of consultation to follow through the Primates’ Meeting, the ACC, and individual provincial synods, but the Covenant's purpose is simply to make explicit those relationships of communion which are already implicit in our life together.

The Commission's report is radical, in the true sense of the word. It calls our churches to return to their roots: to their rootedness in Scripture, apostolic faith and order, and rigorously informed reason. It does not offer easy answers, or cheap legal shortcuts. Rather, it calls us to a new confidence in our Anglican tradition, and to do justice to all that we have received from our Catholic and Reformed inheritance, "so that the world may believe."

Revd Canon John Rees

This report is an abbreviated version of an article which appeared in the Church Times on 22 October 2004. A fuller report can be found in the “Legal Briefings” section of the Winckworth Sherwood website: www.winckworths.co.uk.



"Bishop’s Move"

Congratulations to our Chairman, Christopher Hill on his appointment as Bishop of Guildford. The confirmation of his election will take place at St Mary-le-Bow, Cheapside on Monday 8 November, at 5.00pm and he will be enthroned in the Cathedral at Guildford later in the month.

We send Christopher and Hilary our warmest good wishes as they move into this new stage of ministry.

Revd Chancellor Rupert Bursell
Vice Chair




The General Committee has appointed its first Education Officer, Revd Lindsay Adam

Lindsay writes:

Having been a member of the ELS for twelve years I was delighted to be approached by the executive committee with a view to becoming Education Officer for the society. I studied law at Selwyn College, Cambridge and was called to the bar in 1992. After a variety of legal jobs and a course in theology at King’s College, London, I went on to train for the ordained ministry at Ripon College, Cuddesdon. I served my title in West Oxfordshire and am currently part-time Chaplain of Pembroke College, Cambridge where the great canonist Lyndwood may once have been a fellow.

The position of Education Officer is a new one and I will be working with the General Committee to develop the role in a way that best meets the Society’s desire to increase an awareness of ecclesiastical law primarily amongst the clergy of the Church of England. Initially, therefore, I will be discovering how the Society’s varied resources can best meet the training needs of the clergy in the various areas in which the law impinges upon their ministry. This will involve conversation with those who train ordinands as well as those responsible for Continuing Ministerial Education (CME) and the training of archdeacons and bishops. As a result of these consultations we hope to be able to establish a series of courses that will be of genuine interest to these particular groups and to be able to focus on many of the areas which feature in the Journal.

My role will also include the continued development of the ELS website and co-ordinating the production of publications and study material. I am to undertake this role on behalf of the Society and would therefore be grateful for any ideas that members might have regarding the education of the clergy in this long-neglected field.

I can be contacted by e-mail at and by post at The Rectory, 40 Church Lane, Girton, Cambridge, CB3 0JP.

The Revd Lindsay Adam



Mission Impossible

Does it sometimes seem that our church is not mission focussed? Do you view church law as something which can enable mission or is it in fact holding us back? In a law based church, is mission impossible?

The next conference of the Ecclesiastical Law Society will address these and other questions. Through a series of four seminars we shall explore the relationship between law and mission. A team of eight speakers has agreed to lead us on four themes: employment issues, collaborative ministry, use of buildings, and being a ‘mission shaped church’. In each case two views will be presented to the conference for us to consider and debate.

All this in addition to the usual mix of fellowship, worship, and common interests shared which typify one of the Society’s events. It should be a conference of great value to lawyers and clergy alike. The conference takes place at The Waterside Hotel, Bath from 28th to 30th January 2005. Cost is £227 (reduced to £200 for members). We hope to see you there!



Vacancies

From time to time, registrars and others need to recruit staff. If you are interested in a career change leading to work in this field, the Secretary, Nick Richens, can put you in touch with those who are seeking new staff.


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