A small handful of priests stood up to Bennison. One of them was Fr. David L. Moyer. At the time this writer and many others including a number of global south bishops and archbishops for his stand against The Apostate One hailed him as a hero.

Time and a sex scandal took care of Bennison. Ironically he was not taken down for the mishandling of millions of dollars in the purchase of a property in Maryland (Camp Wapiti) or for his blatant heresies or even for allowing a Wiccan priest to continue operating in the diocese. He was brought down for turning a blind eye to his brother's sexual abuse of a minor 30 years ago in a parish in California. He has been inhibited and the diocese awaits his final deposition. Bennison is history.

Moyer, while rector of the Church of the Good Shepherd was also President of Forward in Faith, North America a traditionalist body of Episcopalians who stood against the ordination of women and opposed The Episcopal Church's sexual innovations.

Moyer and Bennison came to ecclesiastical blows when Moyer refused to allow Bennison to make a canonically required episcopal visitation to Good Shepherd, saying the bishop "was too liberal and could not be trusted in the pulpit."

Charges escalated reaching the point when in response to Moyer's very public criticism of Bennison's equally public statements regarding the veracity of the Bible, sexual teachings, and other statements regarded by the conservative parish as heretical, Bennison inhibited Moyer from exercising his priestly functions for six months in 2002, under the canons of the diocese.

Moyer refused to recant and insisted that he had not left the Episcopal Church as charged by Bennison. On September 4, 2002, at the end of the six-month period Bennison formally deposed the traditionalist priest.

Ecclesiastical War

It marked the start of an ecclesiastical war that raged for nearly a decade and still shows no sign of abating although matters seem slowly to be coming to a head.

Bennison blundered when he deposed Moyer by using a canon designed for removing a priest who has left the church from the official list of priests. Instead, he should have used the canon for disciplining of a wayward priest that provides for a church trial in which the priest may contest charges against him.

At the time Bennison explained, "I deposed him because he had over a decade shown a pattern of a series of canonical failures, one after another. Under his leadership, his parish has become increasingly alienated from his diocese."

Orthodox priests, bishops and the Archbishop of Canterbury, George Carey all saw it differently. Moyer was under attack by a vicious revisionist bishop who hailed him and his church a bastion of orthodoxy. The Archbishop of Canterbury said he would license Moyer to officiate in the Diocese of Canterbury. The parish stood solidly behind its Anglo-Catholic priest.

The Rt. Rev. Robert Duncan, Bishop of Pittsburgh, as a priest in good standing, promptly received Moyer even though Moyer continued to denounce Bennison's teachings as "apostate and heretical".

"I cannot adequately express my thanks to Almighty God for raising up Bishop Robert Duncan as a true Christian leader", said Moyer at that time.

Since Fr. Moyer had been denied a Church trial, his only alternative was the civil courts. Moyer turned to parishioner John H. Lewis Jr., of the law firm of Morgan, McCracken, Walker and Rhoads where he serves as senior counsel in litigation and is a Fellow of the American College of Trial Lawyers. Lewis contributed most of his time pro bono.

After many months of motions and Orders by the Court, Bennison was finally forced to produce documents showing what really happened. In his lawsuit, Lewis detailed "the seven frauds of Charles Bennison."

During this period, Bennison's stock began to fall within the diocese. The Standing Committee ripped into the state of the diocese's finances, its use of endowments and unrestricted assets, litigation costs and said the diocese needed a suffragan bishop.

The Standing Committee was so upset by Bennison's handling of matters that they said they should have the authority to obtain separate [legal] counsel where there is a clear disagreement on a legal and/or canonical course of action. "A separate independent counsel will allow us to fully explore our options when a significant difference of opinion arises between the Bishop and Standing Committee and/or among the members themselves. It is painful for us to see our financial resources being used for litigation. We fully understand the reasons for this, but pray that those matters before the courts will be resolved in the near future," they said.

Bennison was in serious legal trouble on two other fronts, as well. Legal bills for the Diocese from lawsuits by Fr. Moyer began to pile up. Bennison tried to get the insurance company for the Diocese to pay the fees. The insurance company sued both Bennison and the Diocese, asking the Montgomery County Court to declare that the company has no obligation to pay legal fees or to indemnify the Diocese or Bennison if the jury awards damages to Father Moyer.

VOL wrote at that time that the ultra-liberal ECUSA bishop had become the most litigious bishop in modern ECUSA history. Two churches (All Saints', Wynnewood and Good Shepherd) and one priest were in litigation with him over issues that included property, broken promises, enforced visitations and the failure to license priests.

Still, Moyer stood tall refusing to leave his parish. A number of global Anglican leaders including the Archbishop Central Africa Bernard Malango, now Moyer's ecclesiastical authority, stood solidly behind him.

In late December, an announcement was made that Moyer would be ordained a bishop in the Traditional Anglican Communion. The Anglican Communion Network (ACN) promptly announced the resignation of the Rev. Dr. David Moyer as dean of the Forward in Faith Convocation. Father Moyer had served in that capacity since January 2004.

Moyer consecrated bishop

In February 16, 2005, Fr. David L. Moyer was consecrated as a bishop in the Anglican Church in America, (ACA) a constituent member of the Traditional Anglican Communion under its Archbishop John Hepworth, in an elaborate service in the Rosemont church with one other bishop, Australian David Chislett being ordained with Moyer. (Chislett would later leave the TAC and return to the Anglican Church of Australia.)

Moyer's consecration did not have the full support of his then archbishop, Central African Primate Bernard Malango or the Archbishop of Canterbury, Dr. Rowan Williams.

Forward in Faith UK were not happy with the consecration saying they regretted that those responsible did not see fit to consult the bishops of Forward in Faith around the world before reaching their decision.

Moyer was consecrated a bishop in the Traditional Anglican Communion for the ACA/TAC with the official title, Bishop of the Armed Forces. At that time, Moyer said he felt humbled saying, "I did not seek this." Moyer told VirtueOnline that his ascendancy to the episcopacy would not change his immediate situation. "I will remain as rector of Church of the Good Shepherd. I am still a clergyman in good standing in the Anglican Communion."

The Vestry of Good Shepherd unanimously passed a resolution of support for the election and consecration of their priest and his continued leadership of the parish. The vestry recognized that the status of the Parish would not change.

However, Moyer's consecration was not without its critics. ACA Theologian Lawrence E. Adams argued that the consecration was contrary to the Constitution and Canons, to Custom, and is imprudent in its potential effects on the church. He asked under what canonical authority was Fr. Moyer elected, and by whom?

"No one shall be ordained and consecrated Bishop by fewer than three Bishops," he wrote. The canons are clear that Missionary bishops and suffragans (Canon 37) though elected by the HOB, must be received by the church through Synod or Standing Committee action. The same should apply to the Suffragan for the Armed Forces. It is the practice of the Anglican Tradition that all bishops be elected and consecrated with the same considerations of election, testimony and reception. There can be no exceptions.

Archbishop Hepworth said the consecrations of Fr. Chislett in Australia and David Moyer were as "flying bishops", similar to those provided for the Church of England, with a ministry that spans diocesan and national borders.

Fr. Moyer said he would remain as Rector of Good Shepherd and would continue with the Diocese of the Upper Shire in the Anglican Communion Province of Central Africa. The status of Good Shepherd would not change." He also told this reporter that the "consecration will allow me to keep my feet in both worlds - the Anglican Communion and the TAC," seemingly contrary to the ancient requirement of all clergy that they be resident in one jurisdiction.

Given the public statements from FIF and its bishops, from Archbishop Malango, the Archbishop of Canterbury, Bishop Robert Duncan of the Anglican Communion Network, and others, it has to be said that such explorations apparently were not undertaken, and that the good of the church was not considered in the election. It may be a dramatic and symbolic public action, but it will not serve for the unity, order or advance of the church, wrote Adams.

It was an ominous start for the new bishop. A few persons expressed misgivings at the time that Moyer had cut himself off from mainstream Anglicanism by attaching himself to a group with no recognition outside of itself.

The fallout from the consecration of Fr. Moyer was immediate. Bishop Bennison swiftly jumped into the fray saying he would consult with his Standing Committee to consider whether he would move to seize the property.

Not so fast, protested Moyer's attorney, John H. Lewis Jr., "There is no basis to seize the property, he told VOL. David Moyer was illegally and fraudulently deprived of his status as an Episcopal priest of the Diocese of Pennsylvania that issue is now before the Court of Common Pleas of Montgomery County. Secondly, the Parish has taken no action in violation of the Canons. Thirdly, according to Bennison, Fr. Moyer has been a layperson since September of 2002. No action was taken. It makes no sense to claim that it is worse for a Bishop to preside at Mass than for a 'lay person' to preside at Mass and any attempt to "seize the property" would be in violation of the laws of the Commonwealth of Pennsylvania.

"Furthermore," continued Lewis, "there are other reasons why such action would be improper and illegal-all of which would be asserted (including possible counterclaims) in the event of any attempt to 'seize the property.'"

Bennison also questioned whether Anglican leaders would accept Fr. Moyer as a bishop in the 78 million strong Anglican Communion (not to be confused with the Traditional Anglican Communion lead by Archbishop John Hepworth). Bennison also argued that as only two Anglican Communion bishops (Davies and Kapinga) laid hands on him and three are required by canon law, his consecration was invalid. Numerous other TAC bishops including Archbishop John Hepworh laid hands on Moyer.

J. Robert Wright, historiographer for the Episcopal Church agreed saying "three is our operating procedure." Wright also said Episcopalians "cannot possibly recognize Moyer as a bishop because he is not consecrated for a church we are in communion with." The historiographer, however, very carefully did not agree with Bennison that the consecration was invalid. All he said was that three Anglican Communion bishops are the normal "procedure" not that it is required.

Responding to these charges, Bishop Moyer described such views as "antiquated." Moyer stated that only one bishop laying hands is required for validity. Even if there are no formal ties between the two communions and other Continuing Anglican jurisdictions, there are active and vibrant relationships "on the ground" citing Australian bishop Russ Owen Davies of the Anglican Church of Australia who laid hands on Fr. Moyer.

The action of consecrating Fr. Moyer clearly muddied the ecclesiastical waters with both orthodox and liberal bishops around the world.

One orthodox Episcopal bishop told VirtueOnline that it was the worst and most damaging act that set back the catholic quest for unity for several hundred years.

Central African Primate Bernard Malango wrote to Moyer several weeks before the consecration questioning the timing and his future relationship with him. "You need to understand that there are many complications that you don't know. Several recent elections of bishops in my province have resulted in lawsuit challenges filed in courts. My own enthronement was delayed for months because of silly charges that were made. It is not simply for me to say that you are a priest in one relationship and a bishop in another. Something like that cannot be done without the agreement of Bishops here and other leaders as well. It might take action from the whole synod. I hope we can build that over the time but it is not there now." Malango did, however, give David his blessing.

A number of bishops did come out in support of Moyer including Bishop Graham Howard Walden, Bishop of The Murray (ret.) and in the US, ECUSA Bishop William C. Wantland Bishop of Eau Claire (ret.) wrote saying that while he had had deep discussion, and some differences on this matter, "I truly support you with my prayers on this awesome new ministry you are being called to."

Pittsburgh Bishop Robert Duncan, moderator of the Anglican Communion Network, however, issued a statement saying Moyer's move "raises difficulties in his relationship to the broader Anglican Communion.

"We will, over the course of the next few months and years see how this consecration plays out. For the moment it is but another stone in the stream of Anglican realignment that will have profound and rippling effects for years to come."

Turning point

The consecration of Moyer was a personal turning point for the Anglo-Catholic priest.

From this point on, his life would be a thicket of lawsuits.

In February 2006 Bennison asked the Standing Committee to make a grab for the Church of the Good Shepherd property.

Incensed by the recent consecration of the orthodox rector of Good Shepherd, Rosemont, Bennison moved to seize Good Shepherd's property, and that of another traditional parish whose rector is licensed in a foreign Anglican Communion diocese - All Saints', Wynnewood, PA under the leadership of the Rev. Eddy Rix.

Bennison had still other legal troubles to resolve. Pending were two lawsuits filed by Moyer, claiming that Bennison improperly deprived him of his status as an ECUSA priest, by alleging that he had abandoned his ECUSA ministry-which he had not-to depose him without trial. One suit accused Bennison of fraud, collusion and bad faith, the other of interference with employment and causing emotional distress.

As well, the diocesan insurers had sued Bennison for fraud, Moyer noted. Moyer's attorney, John H. Lewis Jr., said that there was no basis for pursuing control of Good Shepherd's property. First, the parish itself "has not taken any action that would justify this threat, and...reserves all its rights if this unfounded litigation is commenced," Lewis said.

Lewis said that if Bennison persisted in his efforts to claim Good Shepherd's property, he should expect to be faced with counter-claims and third-party claims.

Good Shepherd leaders were not shaken. "We're weathered soldiers here; we're prepared," Bishop Moyer told an Anglo-Catholic magazine. Moyer said the congregation was ready to spend down the parish endowment to do just that--meaning that, if Bennison succeeds, he and the diocese will "inherit an empty building with no money."

By January 2006, things were not going well for Bennison, either. The entire standing committee of the Episcopal Diocese of Pennsylvania asked Bishop Charles E. Bennison to resign or retire, but Bennison said he would "absolutely not" step down.

Lawsuits

In October 2008, in a potentially precedent-setting civil case, Moyer went to court alleging that Bennison had fraudulently removed him from the priesthood in 2002.

Moyer had no alternative except to go to court. The Anglo-Catholic priest said he would not compromise and Bennison had to repent. Furthermore, Moyer had no rights within the Episcopal Church to appeal.

Going to court on First Amendment grounds was dicey to begin with and keeping it in court was equally dicey. The Supreme Court ruled that there had been no civil court action challenging the discipline of a priest. Furthermore, the Supreme Court said it didn't matter even if decision was arbitrary or that Bennison used the wrong canon. The court left open the possibility of action in civil court if the bishop defrauded the priest. Lewis promptly filed a lawsuit alleging fraud against Bennison. The Standing Committee attempted four times to get the lawsuit dropped.

At the end, a Montgomery County Court jury in Pennsylvania found Bennison had not committed fraud in the process that led to the defrocking of Moyer. Moyer lost. This was the first bitter blow to Moyer who had hoped that not only would Bennison be found guilty, but that he would also be awarded a considerable sum of money in damages to continue his legal fight against the diocese for the church's property.

Moyer's lawsuit had asked for unspecified damages for loss of employment and mental suffering. Moyer v. Bennison attracted international attention, especially in the theologically fractured Anglican Communion, to which the 2 million-member Episcopal Church USA belongs.

During the four-day civil trial, Moyer's attorney, John Lewis, presented documents suggesting Bennison concealed from Moyer his plan to remove him without a church trial. However, the 12-member jury heard testimony from a Standing Committee member that Moyer was informed that he might not get a trial. In addition, Moyer volunteered praise of Benison. Judge Joseph Smyth instructed jurors to first determine if Bennison had engaged in fraud when he asserted that Moyer "abandoned the communion of the Episcopal Church" in 2002.

That question was the "gateway" to all the other questions, Smyth told them. If they decided fraud did not "pervade" the diocese's decision process regarding the abandonment of communion, Smyth said, the case was over. Smyth said from the bench that he was uncomfortable with civil courts' judging the internal workings of a church.

The verdict shocked Moyer and his wife Rita who were present throughout the trial.

An even bigger shock came in October 2009 when Moyer and the Vestry of Good Shepherd turned on their lawyer suing Lewis and his law firm for malpractice alleging he had not done his fiduciary duty in calling a number of witnesses in the case that might have conceivably brought a different legal outcome.

Not all of Good Shepherd's parishioners were comfortable with this action and, coupled with the parish's insistence that it would move to Rome with the offer of a personal ordinariate from the Vatican, a split seems imminent among the congregation.

E-mails have raged across the Internet, most very critical of Moyer's lawsuit against his former friend and attorney.

A long time friend wrote Moyer saying, "I'm not a litigator, David, but in my career as general counsel of three significant corporations, I've managed many hundreds of millions of dollars (when that was serious money) worth of litigation.

"That's how I met and worked with John Lewis over decades and we became close friends. He was the best of the best and that has not changed.

"It's easy for me to spot frivolous complaints, and having read all of the essential pleadings in your case, frivolous is spelled in capital letters.

"This case is going to bite you and the longer you continue it the worse it will be for you."

A parishioner wrote, "There is a stalwart and faithful group of parishioners doing their best to stop the lawsuit against John Lewis, to keep the real and personal property in orthodox Anglican hands, and who are so ashamed of clergy and lay alike who are acting in blatantly self-serving and destructive ways."

One observer noted that it would be well within the reach of Lewis to counter sue his former friend, the vestry and rector for defamation. Lewis and his wife, both former parishioners at Good Shepherd, recently converted to the Roman Catholic Church.

The Diocesan Standing Committee has now filed a new lawsuit in an attempt to reclaim the parish and oust Moyer.

Resolution

Having watched this ecclesiastical and legal battle raging for nearly a decade, VOL believes that the only way forward for the parish to extricate itself from the legal morass and its declining endowment, is to do the following:

The Vestry should immediately retire Moyer.

The Vestry should then sit down with the Standing Committee and tell them Moyer is going and request that they be allowed to hire an Anglo-Catholic priest who would reflect their traditionalist positions. In return, they would agree to stay in the diocese and pay a minimal assessment. The diocese would, in return, drop their lawsuit against Moyer and the parish.

The Vestry could ask for a church-recognized DEPO (Delegated Episcopal Pastoral Oversight) such as has taken place at All Saints' Chevy Chase, MD where Bishop John Chane has allowed the Anglo-Catholic Bishop Ed Salmon, retired Bishop of South Carolina, to provide pastoral care for that flock. The diocese and bishop Pro Tempora Rodney Michel should agree. It would cost the diocese nothing to allow this. It would also make the diocese look good in the eyes of the wider Anglican Communion and indicate a generous orthodoxy hitherto not seen in the diocese. It would also cut the umbilical cord of Bennison's disastrous decades-long reign over the diocese allowing a new bishop, when elected, to have a clean start.

The Vestry of Good Shepherd should then withdraw its lawsuit against Lewis offering him and his law firm a full and unqualified apology for the actions of their priest and themselves.

The deeper truth is that these lawsuits have brought nothing but profound disgrace on the gospel of our Lord Jesus Christ. Many mainline Philadelphians have a view of Christianity that would barely allow Jesus to be a member of the Merion Cricket Club given his ethnic origins. These lawsuits have made the carpenter of Galilee look like a $600.00 an hour Armani suit with briefcase and Rolex to match. It is time they ended and expressed repentance for the shame it has brought on the person and work of the One who died for them. In the words of the 1662 Book of Common Prayer:

"Almighty God, Father of our Lord Jesus Christ, Maker of all things, Judge of all men: We acknowledge and bewail our manifold sins and wickedness, Which we, from time to time, most grievously have committed, By thought, word and deed, Against thy Divine Majesty, Provoking most justly thy wrath and indignation against us.

"We do earnestly repent, And are heartily sorry for these our misdoings; The remembrance of them is grievous unto us; The burden of them is intolerable. "Have mercy upon us, have mercy upon us, most merciful Father; For thy Son our Lord Jesus Christ's sake, Forgive us all that is past; And grant that we may ever hereafter Serve and please thee In newness of life, To the honour and glory of thy name; Through Jesus Christ our Lord. Amen."

END