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church it would be preferable that the debate be well informed the mischaracterization of the chancellor s memo in the living church article does nothing to inform the debate quite the opposite posted by alan t perry at 00 23 no comments email this blogthis share to x share to facebook share to pinterest 14 february 2018 oaths subscriptions and consensual compact occasionally the question arises as to the nature and status of the constitutions and canons of the various synods in the anglican church of canada fundamentally enquirers ask about the basis for the authority for such rules legally the anglican church of canada and its constituent parts are understood as voluntary associations in such an organization two or more persons agree to be bound together for common purposes and undertake mutual duties and obligations i am grateful to russell sandberg s law and religion for this succinct definition at pages 72f voluntary associations exist in many forms throughout our society a secular example would be a curling club voluntary associations generally need some form of structure for internal governance and ultimately need to develop rules for governance and operations this is as true for a church as for a curling club though obviously the details differ significantly members of voluntary associations agree or are deemed to agree to the rules of the organization this is referred to as the doctrine of consensual compact in the case of a curling club or some similar organization a new member might be given a copy of the rules possibly a membership card and there would typically be some kind of annual membership fee membership would confer rights and obligations notably the obligation to abide by the rules and there would be some mechanism to change the rules from time to time if we understand the church as a voluntary association the doctrine of consensual compact implies that the members of the church are understood to have agreed to the rules and to the system of governance which adopts amends interprets and enforces those rules that is under the doctrine of consensual compact members of the anglican church of canada are deemed implicitly to have agreed to be governed by our bishops in synods and by the constitutions canons and other policy instruments that have been adopted or may be adopted from time to time when clergy are ordained or licensed they take oaths which are prescribed in provincial canons thus in canada a cleric will swear i n do solemnly declare that i profess the faith set forth in the scriptures and in the catholic creeds and affirm my allegiance to the doctrine of the anglican church of canada as set forth by the book of common prayer and in the ordinal in public prayer and in the administration of the sacraments i will use the form of the book of common prayer and none other except so far as shall be ordered by lawful authority i will pay true and canonical obedience to the bishop of _____ and to his her successors in all legal and honest demands i will pay true and canonical obedience to the canons which have been or are from time to time passed by the general synod the provincial synod and the synod of the diocese of _____ similar oaths are found in rupert s land as follows i a b do solemnly make the following declaration i assent to the solemn declaration adopted by the first general synod in 1893 as printed in the book of common prayer and to the book of common prayer and of the ordering of bishops priests and deacons i believe the doctrine of the anglican church of canada as therein set forth to be agreeable to the word of god and in public prayer and administration of the sacraments i will use the form in the said book prescribed and none other except so far as shall be ordered by lawful authority i a b do swear that i will pay true and canonical obedience to the bishop of in all things lawful and honest so help me god i a b do willingly subscribe to and declare that i assent to and abide by the constitution and canons of the general synod provincial synod and the synod of the diocese of that are lawfully in force from time to time and in british columbia and yukon the oaths are i do solemnly make the following declarations i profess the faith set forth in the scriptures and in the catholic creeds and affirm my allegiance to the doctrine of the anglican church of canada as set forth in the book of common prayer and no other except so far as shall be ordered by lawful authority i will pay true and canonical obedience to the bishop of and his or her successors in all legal and honest demands i will abide by the canons which have been or shall be from time to time passed by the general synod the provincial synod and the synod of the diocese of for some reason the province of ontario no longer specifies the oaths to be taken on its canons having delegated these to the dioceses however that province has provided a recommended form of oaths which i believe are in general use as follows i _________ do solemnly make the following declarations a i profess the faith set forth in the scriptures and in the catholic creeds and affirm my allegiance to the doctrine of the anglican church of canada as set forth in the book of common prayer in the ordinal and in the book of alternative services b in public prayer and in the administration of the sacraments i will use the form in the book of common prayer or the book of alternative services and none other except so far as shall be ordered by lawful authority c i will pay true and canonical obedience to the bishop of __________ and to his her successors in all legal and honest demands d i will pay true and canonical obedience to the canons which have been or shall be from time to time passed by the general synod the provincial synod or the synod of the diocese of __________ the key point here is that the norm is that clergy at their ordination and licensing make explicit what is already implicit in the doctrine of consensual compact that is not only are clergy as members of the anglican church of canada deemed to have agreed to the relevant constitutions and canons by consensual compact they also explicitly swear an oath to obey the canons this undertaking is made in writing occasionally someone suggests that they only agreed to abide by the canons that were in force when they took the oath and that they are thus not bound by some new piece of legislation to which they take exception but that s not what the oaths say the oath is to abide by the canons which are in force from time to time our system of governance through synods allows for the adoption of new canons and the amendment or repeal of existing ones and when synods legislate clergy have already accepted and sworn on oath that any new legislation applies to them similarly clergy sometimes assert that their oath of canonical obedience of the bishop applies only to the bishop who was in office at the time of the oath and that when a new bishop takes office they don t have to obey him or her again that s not what the oaths say the key phrase in canada and british columbia and yukon is the bishop of and his or her successors and in rupert s land even though explicit reference to the successors is omitted the oath is to the bishop in his or her official not personal capacity which implies the bishop who is in office from time to time so what does one do if a synod legislates in a way that one finds intolerable it s no good claiming to reserve the right not to be bound by some rule that one disagrees with really there are only three options the first is to live with it the second is to propose subsequent amendments that might make it more livable bearing in mind that there is no guarantee that such amendments will be adopted and the third is to leave the church for clergy this last option involves relinquishing ministry pursuant to canon xix the colloquial term being laicization obviously this last course of action would not be an easy step to take but that is the ultimate remedy for under the doctrine of consensual compact as long as one is a member of a voluntary association one is presumed to consent to the organization s rules and clergy in particular are bound by the canons under oath thus we see the doctrine of consensual compact in action posted by alan t perry at 15 41 no comments email this blogthis share to x share to facebook share to pinterest 19 july 2016 canonical history made at general synod in adopting resolution a143 pdf the general synod of the anglican church of canada has made history the resolution authorized three sets of liturgical texts for trial use for the next three years the texts in question are seasonal forms of the daily offices collects for the revised common lectionary and an inclusive language psalter these are all available on line at the time of writing the web page there still says they are encouraged for use where permitted by the diocesan bishops although liturgists will appreciate these new texts none of this sounds particularly ground breaking but on one very specific point the resolution certainly was what made history was the choice of verb in the resolution authorize one might be forgiven for a bit of confusion about the significance of this verb after all surely the general synod has the authority to authorize liturgical texts and periodically does so so why is this worthy of even a nano second of thought the fact is that although the general synod of the anglican church of canada does have the authority to authorize liturgy it has studiously avoided exercising this authority since it approved the 1962 book of common prayer rather since that time the general synod has preferred the route of producing liturgical texts and commending them for use but only under the auspices of the local diocesan bishop in his or her exercise of the power of jus liturgicum liturgical law in the anglican church of canada is not very developed a comment that might equally be made in a number of areas of our canon law so much of the authority over liturgy that is fleshed out and clearly specified in other anglican provinces is left to some combination of custom and the bishop s jus liturgicum which some would argue is also customary what is clear is that it is a fundamental principle of anglicanism that in public worship clergy are permitted to use only texts that have been approved by lawful authority we find this stated in so many words in the principles of canon law common to the churches of the anglican communion principle 56 2008 anglican consultative council the principle is given force in the oaths and subscriptions taken by clergy at the time of their licensing thus for example clergy in the ecclesiastical province of rupert s land are required to swear that in public prayer and administration of the sacraments i will use the form in the book of common prayer and none other except so far as shall be ordered by lawful authority canon vi the general synod s declaration of principles sets out the distribution of lawful authority in a variety of provisions some explicit and some implicit section 6 j gives the general synod jurisdiction over the revision adaptation and publication of a book of common prayer and a hymnal for the church section 7 b viii gives authority to the provincial synods to authorize special forms of prayers services and ceremonies for use within the province for which no provisions have been made under the authority of the general synod or the house of bishops of the anglican church of canada implicitly then both the general synod and the national house of bishops must have authority to authorize liturgy beyond the book of common prayer finally section 9 a of the declaration of principles specifies that nothing contained in sections 6 7 and 8 shall limit or affect the powers jurisdiction and authority inherent in the office of bishop or exercised collectively by the bishops of the church sitting as the house of bishops of any province or of the anglican church of canada the power to authorize liturgy locally in a diocese a central part of jus liturgicum is understood to be one of those powers inherent in the office of bishop and this provision suggests that it could be exercised collectively by one of the five houses of bishops four provincial and one national but if the general synod has authority to authorize liturgy it has studiously avoided using it even when given the opportunity during the 1970 s a period of intense activity on liturgical reform across the anglican communion canadian anglicans developed a number of rites for trial use in 1975 general synod considered a motion that the holy eucharist an alternative canadian use be approved as an alternative form to the book of common prayer service after amending the motion to include similar rites from the episcopal church and the church of england the general synod then amended the motion to change the word approved to commended the concern seems to have been that the general synod wanted to leave the actual authorization of trial liturgy to the local diocesan bishop perhaps someone present remembered resolution 45 of the 1897 lambeth conference which recognise d the exclusive right of each bishop to put forth or sanction additional services for use within his jurisdiction subject to such limitations as may be imposed by the provincial or other lawful authority even so the resolution certainly doesn t say that the general synod can t exercise its own authority and even if it did being a lambeth resolution it has no authority over any general synod anyway similarly when it came time to collect experimental liturgical texts into a book of alternative services 1985 the general synod chose not to authorize the book but again simply to commend it for use where authorized by the ordinary it says as much in the introduction this is in stark contrast to other provinces including the church of england the anglican church of australia the church of the province of southern africa and the anglican church of aotearoa polynesia and new zealand to name a few that all published alternative prayer books and authorized them in parallel to the book of common prayer since the book of alternative services was published other supplemental and trial use rites have also been developed including three supplemental eucharistic prayers orders for morning and evening prayer and compline and a book of occasional celebrations all of which have been subject to the authorization of the local ordinary but now with resolution a143 general synod has finally chosen to authorize new liturgical texts albeit only for a three year period historians take note i have a dream that one day the general synod will codify its liturgical law to clarify the various powers over liturgy rather than depending on someone s memory of custom that project may never come to fruition but at least while we wait general synod has finally chosen to exercise i...