Canon Law and the Church of England

Author(s):  
Gerald Bray
2014 ◽  
Vol 16 (3) ◽  
pp. 319-334
Author(s):  
Peter McCullough

This article aims to provide an introductory historical sketch of the origins of the Church of England as a background for canon law in the present-day Anglican Communion and the Roman Catholic Church. Written by a specialist for non-specialists, it summarises the widely held view among ecclesiastical historians that if the Church of England could ever be said to have had a ‘normative’ period, it is not to be found in its formative years in the middle decades of the sixteenth century, and that, in particular, the origins of the Church of England and of what we now call ‘Anglicanism’ are not the same thing.


1994 ◽  
Vol 45 (4) ◽  
pp. 625-641
Author(s):  
Bruce S. Bennett

Ever since Henry VIII, the law of marriage has occupied a special place in the relationship between the Church of England and the state. Changes made to the law since 1857 have raised far-reaching and difficult questions about the nature of this relationship, involving the status of canon law. Marriage in church has remained, perhaps even more than the other rites of passage, an essential point at which the Church of England still touches the lives of great numbers of the otherwise unchurched, and these questions have thus impinged on the practical reality of the Church's work.


1988 ◽  
Vol 1 (3) ◽  
pp. 18-23
Author(s):  
Quentin Edwards

Among lawyers who profess to know their way about the labyrinth of the Church of England's legal foundations there is a debate whether there are two subjects or one – are ecclesiastical law and canon law the same? As some purists contend that canon law is more restricted in its scope I shall take, for convenience and perhaps accuracy, the description ecclesiastical law, which certainly comprehends, or should comprehend, canon law. The ecclesiastical law of the Church of England is derived from six sources (1) papal and domestic canon law, (2) ecclesiastical common law, (3) the relevant parts of the Corpus Juris Civilis, (4) parliamentary statutes, (5) Measures of the Church Assembly and the General Synod, (6) the Canons.


2006 ◽  
Vol 8 (38) ◽  
pp. 266-288
Author(s):  
Philip Barrett

In December 1994 the Revd Philip LS Barrett BD MA FRHistS FSA, Rector of Compton and Otterbourne in the Diocese of Winchester, successfully submitted a dissertation to the University of Wales College of Cardiff for the degree of LLM in Canon Law, entitled ‘Episcopal Visitation of Cathedrals in the Church of England’. Philip Barrett, best known for his magisterial study, Barchester: English Cathedral Life in the Nineteenth Century (SPCK1993), died in 1998. The subject matter of this dissertation is of enduring importance and interest to those engaged in the life and work of cathedrals, and the Editor invited Canon Peter Atkinson, Chancellor of Chichester Cathedral, to repare it for publication in this Journal, so that the author's work might receive a wider circulation, but at a manageable length. In 1999 a new Cathedrals Measure was enacted, following upon the recommendations of the Howe Commission, published in the report Heritage and Renewal (Church House Publishing 1994). The author was able to refer to the report, but not to the Measure, or to the revision of each set of cathedral Statutes consequent upon that Measure. While this limits the usefulness of the author's work as a point of reference for the present law of cathedral visitations, its value as an historical introduction remains.


1990 ◽  
Vol 2 (6) ◽  
pp. 28-37 ◽  
Author(s):  
C. C. A. Pearce

As a general principle, regular marriage in the Church of England is solemnized after the publication of banns. This requirement entered the medival canon law first as a matter of local custom, but was made universal in 1215 by a decree of the Fourth Lateran Council. Lord Hardwicke's Act did not impose the requirement of banns for the first time; it simply ensured that the option of an irregular marriage without banns, previously recognised by Church and State thoughfrowned upon, would no longer be valid in law.


2019 ◽  
Vol 22 (1) ◽  
pp. 2-14
Author(s):  
Norman Doe

The approach of the centenary of the disestablishment of the Church of England in Wales offers a good opportunity to reflect on legal aspects of the life of the Church in Wales since 1920. Religious equality had been the principal stimulus for the Welsh Church Act 1914. This statute, together with the release of the Welsh dioceses by the Archbishop of Canterbury to form a separate Anglican province, necessitated the formulation of a constitution for the Church. Innovation was avoided, and continuity protected. ‘Vestiges of establishment’ continued, in burial and marriage, as the result of political expediency. The original structure of the Constitution continues to this day – a complex of various instruments. Change has been piecemeal. The Church still has no modernised body of canon law and its soft law has increased dramatically. However, understandings about the purposes of the Constitution have changed, and the demand for constitutional change has quickened recently, particularly since the Harries Review of the Church in Wales in 2012.


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