Dear Brothers and Sisters,

As you know, on February 5, 2004 the Rector and representatives of the Vestry of the Church of the New Covenant in Winter Springs informed the Chancellor and the Bishop of the Diocese that they had unanimously passed two resolutions the previous month. The first claimed that the Episcopal Church, USA, had abandoned its authority over the Church of the New Covenant, and the second set forth a process to transfer title of the property to a separate corporation not part of the Episcopal Church.

They claimed to speak for "95 to 100 percent" of the present congregation in wishing to "come out from under the authority of the Episcopal Church."

Our response was that those who wish to leave the Episcopal Church are free to do so, but clergy or members of a Vestry of an Episcopal church cannot make such resolutions while they are still in office. Accession to the Constitution and Canons of the Episcopal Church is a prerequisite to holding such an office in a local congregation. I instructed them that if they wished to leave the Episcopal Church they would have to resign their respective positions at the Church of the New Covenant.

Further, we advised them that transferring the title to the property without the prior approval of the Bishop, the Diocesan Board, and the Standing Committee would be illegal under the laws of both the Episcopal Church and (therefore) the State of Florida.

I asked them to rescind these two resolutions or resign "immediately." When over a week had passed without a response, the Chancellor filed a lawsuit with the Circuit Court of Seminole County to prevent the transfer of title. That same day the Vestry informed us they had, in fact, rescinded the second resolution regarding transferring title.

However, they then filed a countersuit arguing that the actions of last summer’s General Convention constituted such a departure from Anglican orthodoxy that the Episcopal Church has no further legitimate authority over the Church of the New Covenant. They asserted not only the "right" to separate themselves -- as the Church of the New Covenant -- but to take the property with them at a fraction of its current value, since CNC is essentially a one-generation church, and the present membership has paid nearly all of the costs of construction.

Both "sides" asked the Court for non-binding mediation (which the Court would have ordered, anyway). That mediation took place on April 12, 2004, and it resulted in a comprehensive agreement that was approved by the Diocesan Board, the Standing Committee, and the Vestry of the Church of the New Covenant on April 15, 2004. This agreement was arrived at after nearly 14 hours of mediation where many factors were under consideration.

The agreement includes the following particulars:

1) The Vestry of the Church of the New Covenant will rescind the resolution disavowing the authority of the Episcopal Church.

2) Both "sides" will dismiss the lawsuits without prejudice.

3) On or before June 1, 2004 the Rector and the members of the Vestry will resign, in order to form a new church entity.

4) I have agreed to write letters dimissory for the Rev. Carl Buffington to whatever Anglican Province or diocese he wishes to affiliate with.

5) Between now and June 1, 2004, I will contact the present members of the Church of the New Covenant (as will Fr. Buffington), to ascertain, on a confidential basis, their desire to remain members of the Church of the New Covenant, the Diocese of Central Florida, and the Episcopal Church USA, OR to leave to become part of the new church entity. I will assure those who wish to remain that the Bishop and the Diocese of Central Florida will continue to provide pastoral care for them.

6) The new church entity will lease the property from the Church of the New Covenant (via the Diocese of Central Florida) for one year, while providing space for the continuing congregation of the Church of the New Covenant to hold separate services of worship as it rebuilds itself under the leadership of new clergy who will be appointed by the Bishop.

7) Prior to the end of the one-year lease the Diocese of Central Florida will determine whether or not to utilize the property for a mission congregation or parish of the Diocese.

a. If the Diocese does determine to utilize the property for a mission or parish, the new church entity may extend the lease for one year while the new entity prepares to relocate elsewhere.

b. If the Diocese determines it will not utilize the property for a mission or parish of the Diocese it will agree to sell the property to the new church entity at Fair Market Value (as established by a mutually agreed appraisal), with an interest-free 30-year payout. If the new entity purchases the property, the lease payments will be credited toward this payout.

I am deeply saddened that we have arrived at this juncture, but I am grateful for the good will of all concerned, and the prayers of so many throughout the Diocese. It is my commitment to provide continuing pastoral care for those who wish to stay, and to say to those who wish to leave, "Go in peace to love and serve the Lord."

Warmest regards in him,

+John W. Howe
Episcopal Bishop of Central Florida
1017 East Robinson Street
Orlando, Florida 32801
407-423-3567