The Church of England faces a choice over churches wanting to leave it whether to join the Roman Catholics or to form an orthodox Province in the UK: it can behave with pompous officiousness like TEC going to court over church property or it can deploy some generous lateral thinking for the sake of Christ’s mission.
The Bishop of Southwark’s recent comments in his presidential address to his diocesan synod, helpfully reported by
Anglican Mainstream, about the practicalities of Anglo-Catholic parish churches going over to Rome are highly revealing. They show that the thoughts of the more managerially-inclined liberals in the hierarchy are already turning to the legalities.
He said that because there have been ‘some wild ideas’ going around leading to questions being asked of his office, he thought it ‘wise to seek a little legal advice on the implications there might be for the Diocese and its Parishes if any Priest or group of lay people wished to become Roman Catholics’.
The legal eagles came back with some comforting news: ‘No Priest or group of laity has the right to take church property with them when they change denominations, for a Diocese holds such property in trust for the mission and ministry of the Church of England to all the people of its parishes and this duty of care would continue.’
In the case of a parish church wanting to transfer to another denomination, a scheme under the Pastoral Measure, or specific legislation enacted for the purpose, would be needed and this could ‘only be done with the goodwill of the diocese’.
In the case of assets such as the church hall or other parish property, ‘appropriation to another denomination would almost certainly be a breach of trust and would not be possible without the co-operation of the Diocesan Board of Finance as Custodian Trustees and probably also the involvement of the Charity Commission’.
In the case of parsonage houses, these are governed by the Parsonages Measure and an incumbent ‘cannot alienate the parsonage without obtaining the authority required by law, again the Diocesan Board of Finance or the Church Commissioners’.
He concluded: ‘Of course in the months and years ahead much of this might well be crawled over by lawyers on all sides, but the general principles seem to be clear and we can all relax a little whilst the plot thickens.’
Bishop Butler is clearly very comforted by the legal difficulties confronting churches wanting to leave the institution. He also sounds very relaxed about the prospect of lawyers crawling all over our church property in the years to come. One would have thought that an organisation such as the Church of England experiencing serious numerical and financial decline would not want the grief, not to mention the expenditure, of such a prospect. Furthermore, reoccupying a parish church that wants to leave presents enormous practical difficulties for a diocese.
Whereas some generous lateral thinking by dioceses and the Church Commissioners could keep the lawyers at bay and avoid considerable trauma.
Here in Sheffield Diocese we already have an example of a new Anglican Evangelical church plant sharing premises with an existing Anglo-Catholic parish church. The existing church in Endcliffe, St Augustine's, has its service on Sunday morning; the new church - Christ Church Endcliffe, a plant from Christ Church Fulwood - meets in the afternoon.
If a parish church wants to go over to the Roman Catholics, then why not let them but come to an agreement about sharing premises in that kind of manner so that the Church of England can retain a presence in the community?
That would seem a much better way of serving, as Bishop Butler put it, ‘the mission and ministry of the Church of England to all the people of its parishes’.
After all, we are supposed to be a Church called to proclaim the living Christ to the nation, not an ailing property developer wanting to cling onto its emptying buildings.