USA > Virginia > Ecclesiastical law and discipline. A charge to the clergy of the Protestant Episcopal church of Virginia > Part 5
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to the brethren. But there is also something more special as to those things for the direction of the laity. Instead of issuing a book of sports for the afternoons of the Sabbath, she has a canon on the due observance of the Sabbath, in which she orders that the "Lord's day (not merely a part thereof ) be spent in hearing the word of God read and taught, in private and public prayer, in other exercises of devotion, and in acts of charity, using all godly and sober conversation." Nor is this all. In the General Convention of 1817, it was proposed to pass a canon against certain places and amusements. Opposition, however, was made to it. It was especially urged that the rubric and canons were sufficient to justify the ministers in the exercise of dis- cipline in regard to them, and it was proposed and adopted as a substitute, that the House of Bishops be requested to express their opinion on the subjects embraced in the pro- posed canon. The following is an extract from their jour- nal, which was directed to be published on the journals of the other house also :- "The House of Bishops, solicitous for the preservation of the purity of the Church, and the piety of its members, are induced to impress upon the clergy the important duty, with a discreet but earnest zeal, of warning the people of their respective cures, of the dan- ger of an indulgence in those worldly pleasures which may tend to withdraw the affections from spiritual things. And especially on the subject of gaming, of amusements involv- ing cruelty to the brute creation, and of theatrical entertain- ments, to which some peculiar circumstances have called their attention, they do not hesitate to express their unani- mous opinion that these amusements, as well from their licentious tendency, as from the strong temptations to vice which they afford, ought not to be frequented." In their pastoral letter of that year they advert to the same subject, and say, "But we cannot forget that in a list of the classes of evil livers, there is introduced the description of persons
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' who are lovers of pleasure more than lovers of God,' nor in respect to the female professors of religion in particular, the admonition, that 'she who liveth in pleasure is dead. while she liveth.'" I know of nothing else worth noticing on this subject in the legislation of the General Convention. It has been a uniform principle with that body, to legislate as little as possible, lest she should awaken jealousy in the Diocesan Conventions. It was established immediately after the general union of all the then American States, and by some of the very persons who formed that union, who would not have consented to the ecclesiastical union except on the same great principles which regulated the relative powers of the general and State governments, which most carefully guarded the States against the encroachments of Congress. Whatever, therefore, is not in words, or by plain and necessary inference, surrendered up by the different Dioceses to the General Convention, is retained by them. In the canons of the General Convention we see this princi- ple recognized in various references and concessions to the Diocesan Conventions, and in those latter we find numerous instances of their action and legislation according to it. Sole and unrestricted legislation was never conceded to the General Convention. On the great points where it is al- lowed to legislate, the Diocesan Convention must not con- tradict its laws, but they may enlarge upon them and apply them as circumstances require, or legislate for themselves in the absence of general legislation. Wherefore we find that in different States the Conventions have passed laws touch- ing both clerical and lay discipline, candidates for orders, delegates to the Convention, etc., without violating any general canons. This will not be questioned by any one who will examine and compare together our general code and the codes of the different Dioceses. This provision and allowance rests the responsibility of wholesome discipline on each Diocese, as well as on the General Convention. It
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would indeed be a great evil and defect, if no one Diocese should be allowed to go in advance of another in any im- provement, or of the movements of the General Convention in a practical matter of this kind, so important to the purity of the Church; more especially constituted as the General Convention now is, where each Diocese has an equal vote, though it is a fact that it takes some six or eight of the smallest to equal, in the number of ministers and communi- cants, one of the largest. Such a principle as this would bring our American Churches into the same sort of bondage to the General Convention, that the Dioceses of old came under to the Provincial Synods and Metropolitan Bishops, which at last ended in the supremacy of Rome. It was not so at the beginning, amongst the Apostolic Churches. It was not so in the English Church at an early period. At that time, each Bishop of a Diocese met twice a year with his Presbyters, summoning some of the laity to give infor- mation as to cases requiring discipline and attention. At these semi-annual meetings they not only enforced the laws made at the Provincial Synods, but passed others for the exercise of discipline. Our American Church had these precedents before her, as well as our civil union. See Burns' Ecclesiastical Law.
On the subject of discipline in our American Church, I have only one remark to add. Happily freed as we are from bondage to the civil government, the clergy standing in no danger or just fear of vexatious and expensive law suits, for acts of discipline performed in accordance with God's word and the rules of our Church; at full liberty, and bound to use every instrument which God has appointed to make his Church a praise to him on earth, and to prepare it for appearing before him " without spot or wrinkle or any such thing;" if we presumptuously forego the right use of discipline, and rely too much on other means, such as God has in a measure blessed under peculiar circumstances to
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the English Church, in her state of bondage; if we of our own accord, lay aside any part of that "whole armour of God" which he has provided and commanded us to use, how can we claim or expect the promised blessing? By so doing we shall have broken the word of God, put asunder what he hath joined, and must be held responsible for the consequences.
CHURCH OF VIRGINIA.
But as my address is to the ministers of the Diocese of Virginia, I may be permitted to say something more particu- larly as to what has occurred among us on this subject. At an early period of my ministry, myself and a worthy lay member of the Church, who still lives to render it good service, were directed to address a letter to the two adjoining Dioceses, proposing a union for the purpose of establishing a Theological Seminary. The letter to a leading lay member of the one received no answer. That addressed to the Bishop of the other was answered in the following manner: That such was the prevalence of infidelity, and such the corruption of morals in Virginia, it would not be safe to trust an institution of this kind in her midst. Thus disap- pointed, we threw ourselves into the hands of God, and have found that it is better to fall into the hands of God than of man. As to the extent of the infidelity and corrupt- ion that prevailed, I shall not here speak. In a previous address to the Convention of Virginia, I made some state- ments on that painful subject. Suffice it to say, that at the very last of those Conventions which preceded their suspen- sion for some years (during which the existence of the Church was almost despaired of,) that is, in the year 1805, the Convention, after lamenting in a preamble the present state of the Episcopal Church, and the want of good laws, and the non-execution of those existing, passed a number of canons, calling on both clergy and laity to unite in observ-
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ing them and promoting the prosperity of the Church. Amongst them was the following: "Be it ordained that any lay member of the Church being a communicant thereof, conducting himself in a manner unworthy of a Christian, may be, and ought to be, admonished by the minister and vestry of the parish and congregation; and if such member persevere in such conduct, he shall be suspended or expelled by the minister and vestry; in which case he may appeal to the Convention, which shall have power to confirm or reject the sentence." In the year 1816, when considering the
best means of reviving the Church, the same preamble and canon were adopted, only the Ordinary instead of the Con- vention was made the court of appeal, and at a subsequent Convention, the minister alone, according to the rubric, and not the minister and vestry, was appointed to execute the discipline; but if it was desired by either the minister or the offending communicant, the Church Wardens, if com- municants, might be called on to aid in the examination of witnesses, etc. In pursuance of the same desire to purify the Church from old corruptions, and remove injurious reproaches still cast on her, in the year 1818, the following resolution was adopted in the Convention held in Winches- ter: " Whereas, differences of opinion prevail as to certain fashionable amusements, and it appears desirable to many that the sense of the Convention should be expressed con- cerning them; the Convention does hereby declare its opinion, that gaming, attending on theatres, public balls, and horse- racing, should be relinquished by all the members of this Church, as having the bad effects of staining the purity of the Christian character, of giving offence to their pious brethren, and of endangering their own salvation, by their rushing voluntarily into those temptations against which they implore the protection of their heavenly Father; and this Convention cherishes the hope, that this expression of its opinion will be sufficient to produce uniformity of opin-
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ion among all the members of our communion." Doubt- less some good effect resulted from this expression of opinion, but neither perfect unanimity of sentiment, nor uniformity of conduct, did take place. The opinion of the Standing Committee being asked by the Bishop as to the question, whether this resolution was designed to have the effect of law or canon; it was replied that a resolution could not of course have the force of law, but still left the decis- ion of such matters to the minister and vestry under the rubric which directs the exercise of discipline on open and notorious evil livers. The Committee, however, though disclaiming all right to expound the rubric, leaving that to each minister and vestry,% do not hesitate to condemn all these things mentioned in the resolution as altogether im- proper in communicants. The whole responsibility of deciding the applicability of general terms to practices about which there has been some dispute, for which the more worldly minded and pleasure-loving, in all ages, have pleaded, being cast on the ministers, they could only meas- ure the same by such scriptures as seem to condemn them, by the canons of the Church in different ages, and the general sentiment of the more pious concerning them. It has, therefore, appeared desirable in order to remove all doubt, and to prevent the charge of undue assumption of authority in doubtful cases, to follow the example of all civil and religious bodies, and render clear by canon, in as many instances as seemed to require it, what without canon might be thought to be doubtful, and therefore subject the minister to needless censure if exercising discipline, or else tempt him to the neglect thereof. For this reason, and because of a mortifying increase in the number of profess- ing Christians in our own diocese, who have, to the injury of religion, yielded to the temptation of sinful pleasures,
* This was a mistake in the committee. The vestry had been left out at the preceding Convention; the whole responsibility rested on the ministers.
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notwitstanding the faithful preaching and affectionate admo- nition of their ministers, the warnings of the Bishops, and repeated remonstrances of the Convention, it has been pro- posed to forbid by canon some of those things not specified by name in the rubrics or canons of the General Conven- tion. At the revision of the laws, in the Convention at Norfolk, in the year 184S, the following canon was passed with great unanimity, no one indeed voting against it, though some few doubting its necessity or expediency. As its rati- fication must take place at another Convention, it was accordingly proposed with the rest of the revised code at the Convention of 1849, but postponed until the Conven- tion of 1850 .* The canon is in these words: "Any mem- ber of the Church being a communicant thereof, conduct- ing himself or herself in a manner unworthy of a Christian, ought to be admonished, or repelled from the Lord's table by the minister of the parish or Church, according to the rubric; and gaming, attendance on horse racing, and theat- rical amusements, witnessing immodest and licentious exhi- bitions and shows, attending public balls, habitual neglect of public worship, or a denial of the doctrines of the gospel as generally set forth in the authorized standards of the Church, are offences for which discipline should be exer- cised. This, however, shall not be construed to include all the subjects of discipline in the Church." It will be per-
* This canon was not only considered, but a vote taken, when it was found that forty- two of the clergy were in favor of it, and twelve against it, while twenty-two of the laity were against it, and nineteen in favor of it. A number, nearly all, we are informed, of those who voted against it declared, either publicly or privately, that their reason for so doing was, that they thought the rubrics and canons of the Church already sufficient to justify the minister in proceeding against offences such as those specified in the proposed canon, and that they ought so to do. As, however, they saw that their vote would proba- bly be misunderstood, and they be charged with advocating such things, some of them ex- pressed a wish for its re-consideration, that they might change their vote and leave no doubt of their entire opposition to all such practices. This, however, could not, with propriety, be done, as some of the members had left the Convention. It was thought sufficient to re-consider and postpone the final action until the next Convention, when, it is hoped, there will be little or no difference of opinion.
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ceived that we have here a general expression as to conduct " unworthy of a Christian," then a specification of certain offences, but with a declaration that this does not include all unworthiness, to meet an objection raised, that what was omitted in the specification was thereby licensed. The things specified are nearly all of them of a peculiar class, and such as had once brought, or do now bring, reproach on the Church. Gaming and horse-racing are sinful amuse- ments, once to the shame of the Church practiced, and frequented by some of her clergy and laity, and though now abandoned by all her clergy, and it is to be hoped by all her laity, (though this was not the case at the time of the resolution at the Convention of 1832), it has been thought best to place them on the list of forbidden things, so that if the prohibition thereof be not necessary to prevent their return and to justify discipline, it may stand as the decision of the Church as a part of her history and a help to those who are to come. As to other places and amuse- ments which we think sinful, there is a general complaint of all denominations of Christians in our land of an increased need of adopting the most effectual means for rescuing their members from the snares there laid for them, and into which too many are disposed to rush. In thus acting, the Con- vention will be sustained by the opinions and practice of the best of God's people in every age, whether Jewish or Christian .**
* As it is gratifying to perceive the evidences of genuine piety among the first Christians, notwithstanding doctrinal errors and practical corruptions growing out of their connect- jon with Jews and Gentiles, so is it pleasing to see the proofs that God always had enough of the faithful among his ancient people, the Jews, to exhibit the superior purity of their religion to that of the nations around. The Abbey Fleury, in his history of the Ancient Israelites, says, they had no profane shows among them; and as to games of chance, they were entirely ignorant of them, for we do not find the name of such things as the latter in scripture. As to hunting, though we read of nets and snares in scripture, yet he says there is no account of dogs being raised and kept for the chase as in modern days, such hunting belonging to the vast forests and untilled lands of cold countries. The tes- timony of Josephus is also very satisfactory. In his history and defence of the Jewish nation, he justifies their avoidance of intercourse with foreigners, by the example of
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SECTION IX .- CONCLUDING REMARKS.
Having thus briefly surveyed the history of our subject as set forth in God's word, in the early Christian Church, in our mother Church, and in our own, we conclude with a few remarks by way of application.
1st. Although we have quoted freely from the Fathers and Reformers, and made use of their testimonies and ex- ample in order to enforce our own views of what is right and expedient, and of course hold them in high esteem in many things, we by no means bind ourselves to a blind and implicit compliance with all, either of their opinions or prac- tices on the subject we are considering. With the word of God for our guide as to general principles, if, in humble de- pendence on divine direction, we faithfully endeavor to find out what is suited to our own age and country, and the altered circumstances of the Church, we may certainly hope to regulate this part of its discipline, so as to effect the great end in view .*
the Athenians and Lacidemonians in their earlier and purer days, when they feared the contamination of intimacy with older and more corrupt nations, and forbade much associa- tion with them. Speaking of the manners of the heathen, he says: "Our law does not permit us to make festivals at the birth of our children, and thereby afford occasion of drinking to excess; but it ordains that the very beginning of our education should be immediately directed to sobriety." Again, "Our laws take care of righteousness, they banish idleness and expensive living, instruct men to be content with what they have, and be laborious in their callings; courageous in defending laws; inexorable in punishing malefactors." His account of the first introduction of heathenish amusements among
them is quite affecting. No public exhibitions of the kind were ever known among them, until after the death of Alexander the Great, when some apostate Jews obtained leave of Antiochus to build as gymnasium at Jerusalem, as they "wished to follow the Grecian way of living." After that, the wicked Herod, abandoning the laws and customs of his fathers, built a theatre in the city, and a large amphitheatre in the plain, to exhibit such shows as Josephus says "had never been delivered down to them as fit to be used." He spared no pains and expense to make them as entertaining as possible, by getting per- formers from all parts of the world. "To native Jews," says Josephus, "this was no better than a dissolution of those customs for which they had so great a veneration.' Most violent was the opposition made to the representations of the theatre, and Herod had need of all his skill to prevent some great outbreak of the people. As it was, his life was assailed by some, who died, declaring their readiness thus to suffer in defence of their ancient customs.
* In one thing all Churches, all religions, all governments agree, and that is, in the propriety of a code of laws as specific as circumstances require, neither leaving every man
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2ndly. Although our attention has been mainly given to discipline in its bearing on the laity and on a certain class of offences, we have not neglected to speak of canons touching the clergy and other kinds of sin, even those confessed by all to be worthy of discipline. As to these latter, if any minister, through cowardice or false tenderness, shall permit them to go unpunished, let him remember what St. Paul said and did concerning the guilty person at Corinth, and what may be expected from neglecting to punish notorious and great evil doers. As to the discipline of the clergy, let the laity remember that they unite with equal legislative powers in establishing it. The canons thus made subject all minis- ters and candidates for orders to punishment for the same offences which render laymen liable, only that the punish- ment is more severe, for where the laity are only deprived of communion, the clergy are deprived of orders. As to un- seemly diversions, and improper places and things most liable to be abused, they are most expressly interdicted to the clergy. The laity who unite in such prohibition, should surely include themselves in the same, and not even seem to advocate a different standard of religion for each order, as they hope to inhabit the same heaven. As to matters of doctrine (in regard to which the Church in times past has ever had chief reference to the clergy, sometimes indeed with an intolerant spirit, seeking to enforce a too exact uni- formity, and relying unduly on the arm of authority, and too little on argument and an appeal to God's word,) I trust that the American Church will be guided in the path of duty by the wisdom which is from above. As we allow
to do what scems right in his own eyes, nor some man or men to rule arbitrarily accord- ing to their own judgment and will, neither relying on moral suasion and philosophy. Men will ever be disposed to make free use of the principle, "where there is no law, there :s no transgression," and interpret its silence into sanction and consent. Cicero's remark concerning the brief Roman code, is most just :- "I will boldly declare my opinion, though the whole world be offended at it. I prefer this little book of the twelve tables alone, to all the volumes of the philosophers. I find it to be of more weight and much more useful."-De Oratore.
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those of the laity whose hearts fail them as to their religious profession, or who may prefer some other communion, to withdraw themselves without any public and disgraceful anathema, so is a door open for the withdrawal of ministers, who may find that they have mistaken their calling, or pre- fer some other ministry or communion. We should be sorry to see either of these doors closed, since we regard them as wise and charitable provisions, though liable to be abused. But while we would kindly open them for the conscientious, we would not throw them wide open, and keep them ever so for those, whether clergy or laity, who might choose to remain during their own pleasure, doing mischief by teach- ing and example, until they can do no more, and then find it convenient to escape .**
3rdly. It may be and has been often said, is not the Church exceeding the limits of that authority which was given her by the Divine Head in prescribing such terms of communion, or giving such power to her ministers, as some
* The following facts in relation to General Washington are mentioned, in order to en- force the view we have taken of the duty of one who feels that he has either with insuffi- cient views united with Christians in the Lord's supper, or else has afterwards been drawn away by too much intercourse with the world, from that seriousness and religious sensibility required for a worthy participation. There is good reason to believe, that Gen- eral Washington was in early life not only an active vestryman of the Church, but a communicant-that he did commune and give other evidences of a religious character during the war, but I state it on the authority of Bishop White, that while living in Philadelphia as President of the United States, he did not commune, but withdrew with the rest of the congregation. After some time, however, he abstained from Church on communion days, though punctual on all other days, which the Bishop abscribed to a remark of one of the ministers in a sermon, as to the evil example of turning our backs on the table of the Lord. He supposed that General Washington thought it would seem more respectful in him, and be less injurious in the way of example to others not to come, than to leave the house in that manner. It may be that the many engagements of pub- lic life, and all the worldly scenes through which he passed, had engrossed his mind, and shut out much of that interest in religion which had once dwelt within his breast, and that he conscientiously withdrew. Although it is much to be lamented that the States- man did not wait as humbly and faithfully on God as did the General, yet his conduct was far better than that of many in high places who have continued their religious pro- fession, while their conversation and conduct were at utter variance with its require- ments. Whether Washington returned to that full profession after his retirement to private life, I am unable to say. He certainly was an attendant at Church-a vestryman of it-and a liberal contributor to the same.
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