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Church Legislation in The Isle of Man

Published online by Cambridge University Press:  31 July 2008

K. F. W. Gumbley
K. F. W. Gumbley
Affiliation:
Secretary, Legislative Committee, Sodor and Man Diocesan Synod1
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Abstract

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Type
Research Article
Information
Ecclesiastical Law Journal , Volume 3 , Issue 15 , July 1994 , pp. 240 - 246
Copyright
Copyright © Ecclesiastical Law Society 1994

References

1. This article forms the introduction to Manx Church Legislation (ed. Gumbley, K. F. W., Douglas, 1993)Google Scholar, and is a revised version of an article which first appeared in the Manx Law Bulletin (issue 18, 06 1992).Google Scholar

2. E.g. letters patent of 1610 (7 Jac. 1) granted the ‘Isle, Castle, Peel, and Lordship of Mann’ to the Earl and Countess of Derby for their lives, and thereafter to their son Lord Stanley and his heirs, including ‘the Patronage of the Bishopricke of the said Isle of Mann, and the Patronage of the Bishopricke of Sodor, and the Patronage of the Bishopricke of Sodor and Mann, and also the Tem poralities of the Bishopricke of Sodor and Mann, as often as it shall happen, that the said Bishoprickes be vacant’. (Mills, , Ancient Ordinances and Statute Laws of the Isle of Man (Douglas, 1821) p. 517.).Google Scholar

3. By the Act (1541) 33 Hen. 8 c. 31.

4. See Marriage Act 1984 (of Tynwald) ss.5(b), 56(5).

5. See Report of the Royal Commission on the Ecclesiastical Courts (1883, C.3760) vol. ii at p. 322.

6. Isle of Man Constitution Amendment Act 1919 (of Tynwald) s.6.

7. Bishop of Sodor and Man v Earl of Derby (1751) 2 Ves. Sen. 337.

8. See opinion of Sir James Gell AG in the 1883 Report vol. ii at pp. 336–337.

9. Ecclesiastical Commissioners Act 1836 (6 & 7 Will. 4 c. 77), Sodor and Man Act 1838 (1 & 2 Viet. c.30).

10. 7 Will. 4 & 1 Viet, c.45; Notice Act (Isle of Man) Repeal Act 1870 (33 & 34 Viet. c.51). See also Ecclesiastical Leasing Acts 1842 and 1858 (5 & 6 Viet, c.108, 21 & 22 Viet, c.57), Ecclesiastical Leases (Isle of Man) Act 1866 (29 & 30 Viet. c.81).

11. Isle of Man (Church Building and New Parishes) Act 1897 (60 & 61 Viet. c.33).

12. See 1883 Report vol. ii at pp. 326–331.

13. Church Act 1895 (of Tynwald).

14. Church Assembly Act 1925 (of Tynwald).

15. Diocesan Endowments Act 1929 (of Tynwald).

16. Church (Miscellaneous Provisions) Act 1971 (of Tynwald).

17. Cathedral Church Act 1980 (of Tynwald).

18. Church Assembly Act 1925 (of Tynwald).

19. The judgment is set out in full in Young, G. V. C., Subject Guide and Chronological Table of Acts of Parliament etc. (1st. ed., Douglas, 1978) pp. 13–26.Google Scholar

20. Representation of the Laity Measure 1956 s.5(3).

21. Parochial Church Councils (Powers) Measure 1956 s. 10(3).

22. 1969 Act s. 14(2); see Sharing of Church Buildings Act 1986 (of Tynwald).

23. Eg. Pastoral Measure 1983 s.94(2).

24. Eg. Care of Churches and Ecclesiastical Jurisdiction Measure 1991 s.33.

25. Eg. the Admission to Holy Communion Measure 1972 extends, being a spiritual measure, but the Baptismal Registers Measure 1961 does not.

26. Church Act 1979 (of Tynwald) s.9.

27. Eg. the Church Act 1979 ss. 1–5 corresponds to the Inspection of Churches Measure 1955.

28. Church (Miscellaneous Provisions) Act 1971 (of Tynwald) ss. 15–19.

29. Church (Application of General Synod Measures) Act 1979 (of Tynwald).

30. Eg. Canon B34.1 (forms of marriage) is overridden by Marriage Act 1984 s.5. Cf. also Canon B35.3 (time of marriage) and 1984 Act s.4(l). Note also that Canon G4.2 requires the diocesan registrar to be a solicitor; as the Isle of Man has its own legal profession, that has been taken not to apply to this diocese, and the registrar is an ‘advocate’ (member of the Manx Bar).

31. Eg. Canon C4A (of women deacons) is made pursuant to the Deacons (Ordination of Women) Measure 1986 s.l.

32. Eg. Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 s.7 (revocation of licences) and see Canons C12.5, D3.3A, E6.3 and E8.5.