Mississippi
Presbytery votes
against enforcing property clause
'Our unity rests in Christ, not in real estate'
By John H.
Adams
The Layman
Online
Friday, December 1,
2006
The Presbytery of
Mississippi, which has historically opposed the property trust clause in
the Presbyterian Church (USA), held a series of votes during a called
meeting on Nov. 30 not to enforce it.
Mississippi is the first of the denomination's 173 presbyteries to
repudiate the trust clause, which says, "All property held by or
for a particular church, a presbytery, a synod, the General Assembly, or
the Presbyterian Church (U.S.A.), whether legal title is lodged in a
corporation, a trustee or trustees, or an unincorporated association,
and whether the property is used in programs of a particular church or
of a more inclusive governing body or retained for the production of
income, is held in trust nevertheless for the use and benefit of the
Presbyterian Church (U.S.A.)" (G-8.0201 in the Book of Order).
Weighing its congregations' commitments to the great ends of the church
versus the denomination's claim to their property, the commissioners
resolved that they will take "no action to enforce any general
trust interest claimed by any higher governing body against any
property, real or personal, held by any of its particular churches while
they remain under its jurisdiction."
Furthermore, the presbytery said it will not "resist any particular
church of the Presbytery of Mississippi which would ask the courts of
the State of Mississippi to clear its property of any claims made by
higher governing bodies against that property."
In order to allow full debate on each of the 13 declarations in the
property policy resolution, a purpose statement, 13 declarations in a
theological reflection and rationale and a conclusion, the presbytery
considered and voted on the issues one at a time. A member of the task
force that submitted the proposals said the votes were generally in the
range of 35 in favor and 14 opposed.
The Mississippi document does not promote separation from the
denomination. "The Presbytery of Mississippi desires to retain all
of its congregations as sister churches based on our organic spiritual
unity found in the grace of the Lord Jesus Christ, the love of God, and
the fellowship of the Holy Spirit," the commissioners said in their
purpose statement. "Our unity rests in Christ, not in real estate."
But the purpose statement did draw attention to actions that have
heightened polarity over church property. "Matters concerning
property within the bounds of the Presbytery of Mississippi would be
largely academic, were it not for current events in the Presbyterian
Church (U.S.A.). In April of 2006, the Trustees of Eastern Oklahoma
Presbytery filed an affidavit placing a claim on all the real property
belonging to congregations within the bounds of that presbytery. This
was a strategy recommended in a paper entitled "Church Property
Disputes" which was produced for the stated clerk of the General
Assembly. Many congregations throughout the Presbyterian Church thus
believe they have reason to fear coercive action by their presbyteries."
Lawyers for Clifton Kirkpatrick, the stated clerk, privately
disseminated "privileged and confidential" papers on
"Church Property
Disputes" and "Processes
for use by presbyteries in responding to congregations seeking to
withdraw" – later dubbed the "Louisville Papers."
Those documents, which were published by The Layman Online after it
received copies by an anonymous sender, lay out a harsh and aggressive
strategy for taking over the property of congregations that are troubled
by the direction of the denomination.
Since then, Kirkpatrick has personally warned presbyteries against
ceding control of local church property to the congregations. He has
also advised synods to take action if presbyteries do not fully comply
with his view of the constitutional property requirements. If necessary,
he says, synods may form administration commissions "to assume
jurisdiction over a presbytery's powers."
The full text of the "Mississippi Presbytery Property Policy"
is:
- I. Purpose of this Statement of Policy
- The Presbytery of Mississippi desires to retain all of its
congregations as sister churches based on our organic spiritual
unity found in the grace of the Lord Jesus Christ, the love of God,
and the fellowship of the Holy Spirit. Our unity rests in Christ,
not in real estate. Quoting Isaiah 66:1-2, Stephen admonished his
critics, "Yet the Most High does not dwell in houses made with
hands" (Acts 7:48). It has ever been thus in Israel and in this
Presbytery. Property should neither hold us together nor pull us
apart.
- Matters concerning property within the bounds of the Presbytery
of Mississippi would be largely academic, were it not for current
events in the Presbyterian Church (U.S.A.). In April of 2006, the
Trustees of Eastern Oklahoma Presbytery filed an affidavit placing a
claim on all the real property belonging to congregations within the
bounds of that presbytery. This was a strategy recommended in a
paper entitled "Church Property Disputes" which was
produced for the Stated Clerk of the General Assembly. Many
congregations throughout the Presbyterian Church thus believe they
have reason to fear coercive action by their presbyteries.
- The First Presbyterian Church of Baton Rouge, for example, has
asked the courts of Louisiana to issue a declaratory judgment that
the congregation alone owns its property, and the Presbytery of
South Louisiana has concurred with that request.
- It is solely to allay such fears that the Presbytery reiterates
and reaffirms its historic stand with respect to property issues.
The Presbytery offers this Statement of Policy to its particular
churches as the definitive statement on how this Presbytery
interprets and intends to enforce the Book of Order with respect to
real property.
- II. Policy Statement
- The Presbytery of Mississippi hereby:
- 1. Desires all its particular churches to remain in fellowship
with each other under the jurisdiction of the Presbytery;
- 2. Resolves that pure preaching of the gospel and right
administration of the sacraments are constitutive of the church,
that our unity, purpose, and mission are found in Jesus Christ and
nowhere else, and that decisions affecting ownership of property are
subordinate to, and should support, our spiritual unity in Christ;
- 3. Resolves that the Great Ends of the Church found in G-1.0200
summarize the mission of this Presbytery and explain the purpose for
the existence of the Presbyterian Church (U.S.A.);
- 4. Resolves that whenever particular churches of this Presbytery
pursue the Great Ends of the Church they are in fact using their
property for the benefit of this Presbytery and of the Presbyterian
Church (U.S.A.);
- 5. Trusts its particular churches to make their own decisions
concerning how best to use their property to accomplish the Great
Ends of the Church;
- 6. Resolves that property has not been, is not, and shall not be
a basis for our unity or an opportunity for division among us;
- 7. Recognizes that many of its particular churches believe they
hold clear title to their own property;
- 8. Recognizes all its particular churches as having the ability
to sell, lease, mortgage, or otherwise encumber any of their real
property without further written permission of the Presbytery;
- 9. Recognizes all its particular churches as having the ability
to acquire real property subject to an encumbrance or condition
without further written permission of the Presbytery;
- 10. Resolves that it shall take no action to enforce any general
trust interest claimed by any higher governing body against any
property, real or personal, held by any of its particular churches
while they remain under its jurisdiction;
- 11. Resolves that it will not resist any particular church of the
Presbytery of Mississippi which would ask the courts of the State of
Mississippi to clear its property of any claims made by higher
governing bodies against that property; and
- 12. Resolves that nothing contained within this policy statement
shall abrogate the authority and responsibility of Presbytery under
sections G-8.0401 and G-8.0601 of the Book of Order; and
- 13. Orders that these statements be transmitted through the
sessions of all the particular churches of the Presbytery.
- III. Theological Reflection and Rationale
- 1. The Church is founded by Jesus Christ and should embrace his
methods and his values. The Holy Spirit is building the church "upon
the foundation of the apostles and prophets, Christ Jesus himself
being the cornerstone" (Ephesians 2:20). Jesus established the
church by calling and gathering the apostles to himself. He trained,
taught, and commissioned them to preach, teach, make disciples,
baptize, and celebrate the Lord's Supper with the risen Lord. Our
Book of Order recognizes that it is Christ who calls the Church into
being, giving it all that is necessary for its mission, edification,
and service.
- 2. Jesus did not call or train the church to deal with real
property. When we turn to what Jesus had to say, this is what we
find: When a man asked Jesus to settle an estate with his brother,
Jesus replied:
- "Man, who has made me a judge or divider over you"
(Luke 12:14)? Jesus refused to get involved with the property issue.
Instead, Jesus used this occasion to warn people not to covet and
place one's trust in larger barns.
- When the sons of Zebedee were vying for power, Jesus said, "You
know that those who are supposed to rule over the Gentiles lord it
over them, and their great men exercise authority over them. But it
shall not be so among you" (Mark 10:42-44).
- "Foxes have holes, and birds of the air have nests; but the
Son of man has nowhere to lay his head" (Matthew 8:20).
- 3. The Goal of the Church is not ownership but discipleship. "It
belongs to Christ alone to rule, to teach, to call, and to use the
Church as he wills, exercising his authority by the ministry of
women and men for the establishment and extension of his kingdom"
(G-1.0100(b)). Thus, the goal of the church is not to acquire, own,
manage, buy, or sell real property.
- The goal of the church is to extend Christ's reign on earth.
- 4. According to John Calvin, the marks of the church are the
preaching of the gospel and the right administration of the
Sacraments. Real estate is not and never has been one of the marks
of the church. In the early church, congregations did not own real
estate. People met in houses, often in secret. Our Book of Order and
its historic principles of Church Government are derived from the
example of the apostles and the practice of the primitive Church.
This includes their attitude towards property.
- 5. The church is called to exercise spiritual discipline, not
worldly power. St. Paul cautions the church at Corinth: The weapons
of our warfare are not worldly [physical] but spiritual (2 Cor.
10:4). In the Institutes of the Christian Religion John Calvin
carefully describes the spiritual character of ecclesiastical
jurisdiction. The spiritual power of the church-to resist offenses
and eliminate scandal-should be "completely separated from the
right of the sword" (Institutes IV.xi.5). The church does not
exercise "power through fines or prisons or other civil
penalties," but through the power of the Word. This power is
exercised by preaching, admonishing and use of "the final
thunderbolt:" excommunication (Institutes IV.xi.5).
- Calvin thundered against the church's attempt to usurp and wield
civil power. He cites with approval Ambrose's statement: "To
the emperor belong the palaces; to the priest the churches"
(Institutes IV.xi.8). He also cites Bernard, who admonished Pope
Eugenius to refrain from making decisions regarding property: "What
seems the greater honor to you: to forgive sins or to divide
estates? There is no comparison. These base and earthly things have
their own judges, the kings, and princes of the earth. Why do you
invade another's border?" He again cites Bernard: "This is
the form of apostleship: lordship is forbidden; ministry is bidden"
(Institutes IV.xi.11).
- Calvin also recalls a time, under Pope Gregory, when priests and
bishops confiscated land. "Gregory then called a council of
bishops together, inveighed stoutly against that profane custom, and
asked whether they would anathematize the cleric who tried to occupy
some possession by inscribing a title on his own initiative;
similarly, a bishop who either ordered it done or let it go
unpunished. All declared, 'Anathema'" (Institutes IV.xi.14).
- 6. The Church should always operate out of love and fairness, so
as to build up and not injure the faith of its members. Calvin
discusses the fact that the church's rule-making authority is
subject always to the requirement that it not violate love. The
church in Jerusalem decreed that the Gentile Christians should
observe certain dietary laws, etc., (Acts 15:20). Calvin comments: "This
is no new law laid down by the apostles, but the divine and eternal
command of God not to violate love" (Institutes IV.x.21).
Calvin concedes that constitutions are necessary to keep peace and
order, but they must be "founded upon God's authority, drawn
from Scripture, and, therefore, wholly divine" (Institutes
IV.x.30). When Jesus is silent on a point, the church may impose
rules for order and decorum, but they should be tested by the law of
love. "But love will best judge what may hurt or edify; and if
we let love be our guide, all will be safe" (Institutes
IV.x.30). "[W]e are mutually bound, one to another, to nourish
mutual love" (Institutes IV.x.31).
- 7. In applying the law of love, the Presbytery should honor local
custom.
- "Nevertheless, the established custom of the region, or
humanity itself and the rule of modesty, dictate what is to be done
or avoided in these matters" (Institutes IV.x.31).
- 8. In accordance with the mission of the church – to extend
the reign of Christ in the world by pursuing the Great Ends of the
Church – decisions by the church should be made with a view to
the up-building of the witness of the local congregation. Fighting
over title to real property damages faith and destroys the witness
of the church.
- 9. In Mississippi, land and identity are deeply intertwined. This
Presbytery has always regarded real property as part of the local
congregation's core identity. During the 1970s, a number of
congregations in Mississippi elected to withdraw and join other
Reformed denominations.
- These were difficult and heartbreaking decisions. Some of the
decisions to leave were fueled by anxiety over what would become of
the church property if they remained with the denomination. Many of
the congregations who chose to remain in the PCUS believe that, when
they exercised the exemption clause provided in G-8.0701, they
retained their property free of any denominational claims. Feelings
about ownership of real property run very deep in this Presbytery
and we have learned, by hard experience, to err on the side of grace
in dealing with such matters.
- 10. For the past twenty years, it has been the policy of this
Presbytery not to use real property as a weapon or bargaining chip.
Although the Presbytery has an encouraging role to play, especially
in the formation of new congregations, it continues to be the
responsibility of the congregations themselves to pay for their
buildings and to maintain them, in order that the mission of the
Church might be carried out in particular places.
- 11. This statement is in no way intended to abrogate the
Presbytery's role in determining what happens to the property of a
congregation which is dissolved or in schism or which seeks to be
dismissed from the Presbyterian Church, (U.S.A.). Instead, this
statement seeks to reassure all the particular congregations of the
Presbytery of Mississippi that, while they remain in fellowship with
us, their property is safe for them to use and develop as they see
fit.
- 12. This statement is an attempt to be faithful to the
Constitution of the Presbyterian Church (U.S.A.). Because of
incomplete records, the Presbytery has long assumed that all its
congregations that were formerly members of the PCUS did exercise
the clause in G-8.0701 that allowed them to be exempt from needing
the permission required in G-8.0501 and 0502. G-8.0501 does not
stipulate that the permission given to particular churches to sell,
mortgage, or encumber real property, or to buy property subject to
encumbrances or conditions, must be done on a case-by-case basis.
- Likewise, there is no stipulation in G-8.0502 that permission to
lease property must be given on a case-by-case basis. By granting
the permission required in G-8.0501 and 0502 to all its particular
churches, the Presbytery thus seeks to treat all of them equally and
fairly.
- 13. Although this Presbytery can build a culture of trust within
its bounds, it cannot act on behalf of higher governing bodies. It
is possible that, while the Presbytery calls for love and justice to
be demonstrated where it comes to congregational property, higher
governing bodies may continue to claim ownership of the property
belonging to the congregations of the Presbytery. Only the courts of
the state of Mississippi can make final determinations concerning
the validity of such claims. As a matter of pursuing the love and
justice of Jesus Christ, the Presbytery of Mississippi will not
interfere with any of its particular churches which desire to act to
clear their titles of any claims made on them by the higher
governing bodies of the Presbyterian Church (U.S.A.).
- IV. Conclusion
- In making this statement, the Presbytery expresses its trust in
its congregations, and earnestly desires that its congregations
would trust that this Presbytery will do nothing detrimental to the
health or strength of any of its particular churches. We take this
position in compliance with the Book of Order, and solely for the
furtherance of the great ends of the church. It is our belief that,
in this place and at this time, the mercy and grace of Jesus Christ
is best demonstrated by avoiding conflict over property issues. This
is not a new position for our Presbytery. It is how we have handled
such matters in the past, and how we intend to continue to deal with
them as we move forward.
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