THE
P RTAL
June 2017
Page 11
Anglican
News
Legal things
in the CofE
The Revd Paul Benfield explains
how legal matters work in the CofE
T
he Church of England still lives with the consequences of the Henrician Reformation. Henry VIII
transferred many powers from the Pope, not to the Archbishop of Canterbury, but to the Crown. As the
English constitution developed over the centuries, many of the powers of the Crown came to be exercised by
the Crown in Parliament.
Whilst the Convocations of bishops and clergy could
pass canon law, much law affecting the Church of
England had to be passed by Parliament. This became
more and more inconvenient in the Nineteenth and
early Twentieth Century as much parliamentary time
was taken up with Church of England business, some
of which was very specific in nature.
This meeting was no exception and so Mr Tattersall
took the chair as the Committee considered the
comments and explanations to be sent to Parliament
in relation to the Mission and Pastoral (Amendment)
Measure and the Ecclesiastical Jurisdiction and Care of
Churches Measure. It also decided who should appear
before the Ecclesiastical Committee of Parliament
when those Measures are considered.
For example, The Bishopric of Truro Act, 1876
created the Diocese of Truro, but it was necessary
Because of the General Election, there will be a
for Parliament to return to matters in that diocese delay before the matters proceed any further, since
again with the Truro Chapter Act 1878 and the Truro the appointment of the Ecclesiastical Committee is
Bishopric and Chapter Amendment Act 1887.
generally not something which is seen as a priority by
a new parliament.
In order to ease the pressure on its time Parliament
delegated to the Church of England the power to pass
Its members consist of 15 peers nominated by the
its own laws through the Church Assembly by the Lord Speaker and 15 MPs nominated by the Speaker
Church of England Assembly (Powers) Act 1919. This of the House of Commons. When the new Committee
power passed to the General Synod in 1970. When is formed, it will meet to hear representatives of the
a draft measure has been given final approval by the Legislative Committee and other witnesses as it
General Synod, it automatically stands committed to considers the Measures.
the Legislative Committee.
It is then required to draft a report to Parliament
This Committee is required by the 1919 Act and it is stating the nature and legal effect of each Measure and
this body which submits Measures to the Ecclesiastical the Committee’s views as to its expediency, especially
Committee of Parliament. Its members are the ‘with relation to the constitutional rights of all Her
Archbishops, the Prolocutors of Canterbury and York, Majesty’s subjects’.
the Chair and Deputy Chair of the House of Laity,
the Dean of Arches and Auditor, the Second Church
The draft report is sent to the Legislative Committee,
Estates Commissioner, an elected bishop, two elected and t