He doesn't deny his actions, but affirms that he was acting on behalf of these primates at their request. TEC, however, maintains that she owns the franchise rights-even over Anglican churches that are not part of the U.S. province. When overseas primates have come personally to do confirmations and ordinations, TEC has complained but taken no action. When retired bishops of TEC have done confirmations in non-TEC Anglican churches, such as in Akron, Ohio, some years ago, no discipline was meted out. Now, with TEC Presiding Bishop Katharine Jefferts Schori, she wants everyone to know that there is a new sheriff in town.

Bishop Cox, at age 86, is in clear mind but somewhat frail health, and has become the target of Jefferts Schori's and the House of Bishops' wrath; they were in fact well on their way to having a trial to depose him and strip him of his Holy Orders in his final years. If the Church had canonical jails, TEC might try to send him there for life. With chances of a fair trial nearly zero, and not wishing the ordeal of an abusive trial, Bishop Cox moved his Holy Orders to the Diocese of Argentina, which is under Archbishop Gregory Venables of the Province of the Southern Cone.

It is unclear at this point whether the bishop's move will stop the trial, or TEC will proceed and try Bishop Cox in absentia, or the tactic will change to the Canon 10 "abandonment of communion" allegation (resulting in automatic deposition). As TEC loses the ability to punish clergy who leave the Church, their fury is simply diverted to property issues, where Chancellor David Booth Beers takes charge with his "sue them until they hurt" mentality.

Another retired bishop of TEC, Daniel Herzog, formerly the bishop of Albany, has decided together with his wife to swim the Tiber River and become Roman Catholic. To do so, we are told he has resigned all his Holy Orders. Why some accommodation for his Holy Orders at some level wasn't made in the process is unclear; Herzog was a wonderful priest and bishop and would have been a very positive addition to any church. Maybe he was simply ready to open a new chapter in his retirement. Dan, we wish you and Carol well, and may God bless you both.

In Colorado, Fr. Don Armstrong - whose bishop has publicly accused him of financial irregularities, specifics heretofore unclear - has also labored under inhibition, prevented from participation in his parish, and muzzled by the bishop from speaking out in his own defense. Bishop of Colorado Robert O'Neill has wanted unlimited time to keep Fr. Armstrong in ecclesiastical limbo, in which he is cut off from everybody and prohibited from speaking publicly to reply to the allegations. It is not surprising that the parish and Fr. Armstrong finally said 'enough', and decided to leave TEC and the Diocese of Colorado and its oppressive bishop. As TEC's situation and behavior continue to deteriorate, the old saying comes to mind, "Beatings will continue until morale improves."

A deep concern that I have had for a number of years is how the legal system of TEC is set up. For eight years I sat as the presiding judge of the Ecclesiastical Court of the Diocese of Los Angeles. Most cases in prior times dealt with allegations of sexual misconduct of some type, and rarely financial misconduct.

The inhibition and removal of the accused priest was a regular feature based on the physical and emotional safety of congregational members while the trial went forward. When someone accused a priest of an offense, there was to be an investigation, the evidence of which was then presented to the diocesan standing committee and bishop. If they felt there was probable cause to depose the priest should the court returned a guilty verdict, they would issue a presentment for the clergy person, who would then be inhibited.

The issue of non-contact with vestry or parishioners was an issue with sexual misconduct or sexual harassment to protect the person (or persons) from the accused, but I don't recall the accused even then being prevented from speaking publicly in self-defense. In the Colorado case, if the diocese did its due diligence in researching the allegations and then filed the presentment against Fr. Armstrong, thereby resulting in his inhibition, then he would have been entitled to a speedy trial and freedom to publicly speak of his belief of his innocence.

These issues of judicial over-reach are good government issues, not liberal versus conservative issues, and they speak to basic rights of an accused to be treated with a presumption of innocence and a right to defend.

Blessings and Peace in Christ Jesus,

The Rev. Canon David C. Anderson
President & CEO, American Anglican Council