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The Pursuit of a Canonical Definition of Membership of the Church of Ireland

  • Paul Colton (a1)
Abstract

This paper pursues a canonical definition of membership of the Church of Ireland. Both civil and Church laws presuppose that membership is defined; clergy rely on definitions, both formal and informal. In Ireland, freedom of religion is guaranteed and the courts are reluctant to interfere in the internal affairs of religious entities. Churches are voluntary associations, and church members are bound, inter se, by the church's internal laws as a matter of contract; this is given statutory expression in the Irish Church Act 1869. While the law of the Church of Ireland presents no unified definition of membership, the concept is utilised: strata of membership are manifest in a multiplicity of terminologies and roles. In the dynamics discerned in Church laws (not least the Preamble and Declaration and the Constitution of the Church of Ireland) a nascent definition of membership is detected. Comparison with the Anglican Communion and the ecumenical arena exposes weaknesses in the laws of the Church of Ireland. History indicates that membership was recognised and relied on in an establishment context, but not defined. In this paper, an anatomy of a canonical definition of membership that transcends such self-defining models is posited, based on the proposition that membership is more than what people say they are.

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1 Said by Archbishop John Allen Fitzgerald Gregg to Archbishop George Otto Simms, and reported to Dr Kenneth Milne, Church of Ireland historiographer. See generally, Seaver, G, John Fitzgerald Gregg: Archbishop (Dublin, 1963).

2 1873–1961, Archbishop of Dublin (1920–1938) and Archbishop of Armagh (1939–1959).

3 The paper is based on research undertaken and submitted in part fulfilment for the degree of Master of Laws (Canon Law) at Cardiff University in 2005.

4 This is referred to throughout this paper as ‘the survey’. It was conducted in September 2005, when 200 clergy (among them 12 bishops) of the Church of Ireland were contacted and surveyed. This represents approximately 37 per cent of the clergy of the Church of Ireland – stipendiary and non-stipendiary. 137 replies were received (a rate of reply of 69 per cent) from clergy – both stipendiary and non-stipendiary – from every diocese throughout the Church of Ireland.

5 For Anglican ecclesiology, see Avis, P, The Anglican Understanding of the Church (London, 2000); and Thomas, P, ‘Doctrine of the Church’ in Sykes, S, Booty, J and Knight, J (eds), The Study of Anglicanism (London, 1998), pp 249262; and also generally Avis, P, Christians in Communion (London, 1990); Dulles, A, Models of the Church (Dublin, 1976); and McGrath, A, Christian Theology: an introduction (Oxford, 1994).

6 Vatican II: Dogmatic Constitution of the Church, ‘Lumen Gentium’, ch 1 in Flannery, A (ed), Vatican Council II: the conciliar and post conciliar documents (Northport, NY, 1975), p 350.

7 ‘Holy Baptism – One’, Book of Common Prayer, 349.

8 Ibid.

9 ‘Holy Baptism – Two’, Book of Common Prayer, 357.

10 Article XIX, ‘Articles of Religion’, in Book of Common Prayer, 778. For a full treatment of Article XIX, see Bicknell, EJ, The Thirty-Nine Articles (third edition, London, 1955), pp 229248.

11 ‘Lumen Gentium’, ch 1 in Flannery (ed), Vatican Council II, p 350.

12 See, for instance, Romans 9: 23–26, Hebrews 8: 10, and 1 Peter 2: 9. See also Küng, H, The Catholic Church: a short history (London, 2001), p 193.

13 Dulles, Models of the Church.

14 Giles, R, How to be an Anglican (Norwich, 2003), p 100.

15 Ibid, p 105.

16 John 1: 17. See, however, A Bash, ‘Ecclesiastical law and the law of God in Scripture’, (1998) 5 Ecc LJ 7–13; and A Bash, ‘The New Testament, Mosaic Law and ecclesiastical law today’, (2005) 8 Ecc LJ 60–66.

17 See generally Martin, B, ‘Beyond measurement’ in Avis, P (ed), Public Faith?: the state of religious belief and practice in Britain (London, 2003), pp 118.

18 Ibid.

19 P Avis, ‘The State of Faith’ in Avis (ed), Public Faith?, pp 123–139. For this discussion in an Irish context, see White, S, The Right True End of Love (Dublin, 2005) pp 125f.

20 For a full exposition of marriage law in Ireland, see Shatter, A, Family Law (fourth edition, Dublin, 1997).

21 See Bunreacht na hÉireann, Article 41. See generally Casey, J, Constitutional Law in Ireland (Dublin, 2000), ch 17; and Hogan, G and Whyte, G, J.M. Kelly: the Irish Constitution (fourth edition, Dublin, 2004), ch 7.6. See also Murray v Ireland [1985] IR 532 at 535 per Costello, J: ‘…the Constitution makes clear that the concept and nature of marriage, which it enshrines, are derived from the Christian notion of a partnership based on an irrevocable personal consent, given by both spouses which establishes a unique and very special lifelong relationship’. And see also B v R [1995] 1 ILRM, 491; Hyde v Hyde (1866) LR 1 P & D 130, Probate Ct; and Griffith v Griffith [1944] IR 35. See also Shatter, Family Law, p 157 at 4.10. See also the Marriages (Ireland) Act 1844 (7 & 8 Vict, c 81). See also R v Millis (1844), 10 Cl & Fin 534, 8 Jur. 717, HL; the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 (33 & 34 Vict, c 110); the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 (34 & 35 Vict, c 49), and the Marriage Law (Ireland) Amendment Act 1873 (36 & 37 Vict, c 16); the Marriages Act 1972; the Family Law Act 1995; and the Civil Registration Act 2004.

22 For a full study of the law of education in Ireland, see, for example, Glendenning, D, Education and the Law (Dublin, 1999). See also the Education Act 1998; the Education (Welfare) Act 2000; and the Education for Persons with Special Educational Needs Act 2004.

23 Education Act 1998, s 15(2)(b).

24 Ibid.

25 Constitution of the Church of Ireland, ch IX, s 31 (canon 31).

26 Ibid, ch IX, s 26.4 (canon 26); and also ‘Holy Baptism One’ in Book of Common Prayer, 352, n 3.

27 Constitution of the Church of Ireland, ch IX, s 32.1 (c) (canon 32).

28 Deane, J, Church of Ireland Handbook (Dublin, 1982), p 14.

29 Ibid, p 13; and also Constitution of the Church of Ireland, ch XII, s 3.

30 Ibid, ch IX, ss 17–25 (canons 17–25).

31 Ibid, s 35 (canon 35).

32 Ibid, ch I, s 9.

33 Ibid, ch II, ss 9–14.

34 Ibid, s 35.

35 Ibid, ch III, s 4.

36 Ibid, ss 8, 9.

37 Ibid, s 13.

38 Ibid.

39 Ibid.

40 Constitution of the Church of Ireland, ch IV, ss 1, 11, 12.

41 See, for instance, ‘The Lambeth Commission on Communion’ (The Windsor Report, 2004) (London); ‘Repair the Tear’ (Anglican Mainstream-UK, 2004); ‘To Set our Hope on Christ’ (Office of Communication, the Episcopal Church Center, New York, NY, 2005); Clatworthy, J and Taylor, D, The Windsor Report: a liberal response (Ropley, Hampshire, 2005); Linzey, A, Has Anglicanism a Future? (London, 2005); Linzey, A and Kirker, R (eds), Gays and the Future of Anglicanism: responses to the Windsor Report (Ropley, Hampshire, 2005); and see also N Doe, ‘The common law of the Anglican Communion’ (2003) 7 Ecc LJ 4. For an overview of the current position, see lectures delivered in the USA in October 2005 by the Most Rev RHA Eames, Chairman of the Lambeth Commission, as found at <http://www.ireland.anglican.org> accessed 20 June 2007.

42 In Sudan, for example, the bishops confirmed the dismissals of two bishops – Peter El Berish and Garbiel Roric: ‘They are no longer bishops of the church and their subsequent actions in creating “the Reformed Episcopal Church of the Sudan” have set them outside ECS.’ The case of the Rev Dr DE Chislett, whose consecration as a suffragan bishop in the Anglican Catholic Church in Australia resulted in his deprivation of his benefice in Brisbane, is a further example.

43 The Windsor Report, 2004 (London, 2004), appendix 2, pp 81–88.

44 Bunreacht na hÉireann – The Constitution of Ireland.

45 Corway v Independent Newspapers (Ireland) Ltd [1999] 4 IR 484.

46 Hogan and Whyte, J.M. Kelly, p 2045 at 7.8.40.

47 Bunreacht na hÉireann, Article 44.2.5.

48 Henchy, J in McGrath and Ó Ruairc v Trustees of the College of Maynooth [1979] ILRM 166 at 187.

49 See R v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, ex parte Wachmann [1993] 2 All ER 249, [1992] 1 WLR 1036; Varsani v Jesani [1999] Ch 219, [1998] 3 All ER 273, CA. See M Hill, ‘Judicial approaches to religious disputes’ in O'Dair, R and Lewis, A (eds), Law and Religion: current legal issues IV (Oxford, 2001), pp 409420.

50 Irish Church Act 1869, s 20.

51 Doe, N, Canon Law in the Anglican Communion (Oxford, 1998), pp 17 and 19.

52 Brooke, W, The Irish Church Act 1869 and The Glebe Loan Act (Ireland) 1870, annotated (Dublin, 1871), p 44.

53 O'Keefe v Cullen IR 7 CL 319.

54 Ibid, at 339. For the equivalent status of the Roman Catholic Church in Ireland, see Buckley v Cahal Daly [1990] NIJB 8.

55 State (Colquhoun) v D'Arcy [1936] IR 641.

56 Ibid, at 650.

57 He also cited Long v Bishop of Capetown (1863) 1 Moo PCC NS 411.

58 Per Hanna J, in State (Colquhoun) v D'Arcy [1936] IR 641, quoting General Assembly of the Free Church of Scotland v Lord Overtoun [1904] AC 515 at 643.

59 O'Keefe v Cullen IR 7 CL 319; and State (Colquhoun) v D'Arcy [1936] IR 641. For unincorporated associations and clubs generally, see Ashton, D and Reid, P, Ashton and Reid on Club Law (Bristol, 2005). See also McNamara, D, A Legal Guide for Clubs and Associations (Dublin, 2005), and Cox, N and Schuster, A, Sport and the Law (Dublin, 2004).

60 Feeny and Shannon v MacManus [1937] IR 23.

61 Ibid, at 32.

62 R v Dibdin [1910] P 57, CA.

63 Ibid, at 136, per Farwell J.

64 Walsh v Butler [1997] 2 ILRM 81.

65 Re St Hilary, Cornwall [1938] 4 All ER 147.

66 See generally L Leeder, Ecclesiastical Law Handbook (London, 1997), pp 299–356; M Hill, Ecclesiastical Law (second edition, Oxford, 2001), ch 5; N Doe, The Legal Framework of the Church of England (Oxford, 1996), chs 11–14.

67 Cole v Police Constable 443A [1997] KB 316, [1936] 3 All ER 107, DC. For the right to a seat, see also Walter v Gunner and Drury (1798), 1 Hag Con 314 at 565, London Cons Ct; Leeder, Ecclesiastical Law Handbook, pp 299–356; Hill, Ecclesiastical Law, ch 5.

68 England, Revised Canons Ecclesiastical, Canon B 22; 14 Halsbury's Laws of England (fourth edition), para 993.

69 England: Faculty Jurisdiction Rules 2000, SI 2000/2047, r 16 (2)(a).

70 14 Halsbury's Laws of England (fourth edition), para 1031; Revised Canons Ecclesiastical, Canon B 38, para 2.

71 England, Churchwardens Measure 2001, s 4 (2).

72 Finch v Oake [1896] 1 Ch 409.

73 The Church of England: Re Allen deceased, Faith v Allen [1953] Ch 810, CA; The Lutheran Church: Patton v Toronto General Trusts Corporation [1930] AC 629, PC; The Roman Catholic Church: Re Schoales, Schoales v Schoales [1930] 2 Ch 75; The Jewish faith: Re Blaiberg [1940] Ch 385, [1940] 1 All ER 632; Clayton v Ramsden [1943] AC 320, [1943] 1 All ER 16, HL; Re Selby's Will Trusts [1965] 3 All ER 386, [1966] 1 WLR 43; the Islamic faith: R v Imam of Bury Park Jame Masjid, Luton, ex parte Sulaiman Ali (1994) COD 142. For ‘parishioner’ (a concept not dependent on membership), see Etherington v Wilson (1875) 1 Ch D 160, CA, and 14 Halsbury's Laws of England (fourth edition), para 561.

74 Re Selby's Will Trusts [1965] 3 All ER 386, [1966] 1 WLR 43. See, in contrast, Re Tarnpolsk, deceased, Barclays Bank Ltd. v Hyer [1958] 3 All ER 479, [1958] 1 WLR 1157.

75 Per Buckley J in Re Selby's Will Trusts [1966] 1 WLR 43 at 50.

76 Re Perry Almshouses [1898] 1 Ch 391, CA.

77 Ibid, at 400.

78 Re Allen deceased, Faith v Allen [1953] Ch 810.

79 Ibid, at 819.

80 Ibid, at 827.

81 Ibid, at 822–826.

82 Marshall v Graham, Bell v Graham [1907] 2 KB 112 at 124, DC, per Lord Alverstone. See also 14 Halsbury's Laws of England (fourth edition), para 346.

83 O'Dea v O'Connor 71 ILTR 169; and Buckley and others v AG and Power 84 ILTR 9.

84 Ahern v Molyneux [1965] Ir Jur Rep 59; Bolger v Osborne and others and the Turf Club [2000] 1 ILRM 250. See also Barry and Rogers v Ginnity and others (unreported) Irish Times Law Report, Irish Times, [6 September, 2005]; Stuart v Haughley Parochial Church Council [1936] Ch 32, CA; and John v Rees [1970] Ch 345, [1969] 2 All ER 274. For the same requirement in relation to other types of voluntary associations, see Athletics: Quirke v Bord Luthchleas na hÉireann [1998] IR 83; Weightlifters: Baker v Jones [1954] 2 All ER 553, [1954] 1 WLR 1005. See also the European Convention on Human Rights, Art 6; and European Convention on Human Rights Act 2003.

85 Raggett v Musgrave (1827) 2 Car & P 555 at 252.

86 Walsh v Butler [1997] 2 ILRM 81; Clancy v Irish Rugby Football Union [1995] 1 ILRM 193. See generally Cox and Schuster, Sport and the Law, pp 62, 63.

87 Dundalk Interim Co. Ltd. (Dundalk Football Club) v Eircom League and Kilkenny City Football Club [2001] 1 IR 434. See generally Cox and Schuster, Sport and the Law, pp 62–64.

88 Barry and Rogers v Ginnity (unreported) Irish Times Law Report, Irish Times, [6 September, 2005].

89 Finch v Oake [1896] 1 Ch 409.

90 Re Tobacco Trade Benevolent Association Charitable Trusts [1958] 3 All ER 353, [1958] 1 WLR 1113; O'Dea v Connor 71 ILTR 169.

91 Correll v Robinson [1915] JGS (Journal of the General Synod) 459.

92 Brown and Creagh v Pattison [1895] JGS 203; and Bellingham, Macan and McKee v Leslie [1902] JGS 222b.

93 McKeown v Irwin [1895] JGS 202.

94 Ross v McDonagh [1895] JGS 216; and Archbishop of Armagh v Hains [1906] JGS 313.

95 Campbell v Hunt [1895] JGS 217; Bishop of Limerick v Cotter [1897] JGS 258; and Bishop of Meath v Furlong [2003] JGS 446.

96 Bishop of Cashel v Going [1902] JGS 222a; Re Tyney [1905] JGS 332; Re Leet [1905] JGS 333; Re Sleator [1906] JGS 314; Re Cooney [1908] JGS 332; Re Dancy [1910] JGS 316; and Re Bradshaw [1933] JGS 381.

97 Chamney v Simpson [1928] JGS 367; and Chamney v Colquhoun (1935), reported in [1992] JGS 368; Hick v Wilson [1947] JGS 330.

98 Irish Church Act 1869 (32 & 33 Vict, c 42).

99 Ibid, s 20. See Appendix 1 for the full text.

100 Ibid, s 20.

101 See Forbes v Eden (1867) LR 1 Sc & Div 568.

102 See Appendix 1 and chapter 4, para 4.3.

103 Irish Church Act 1869, s 22.

104 Ibid.

105 ‘Preamble and Declaration’ in Constitution of the Church of Ireland (2003), First Schedule at p 3; The Preamble.

106 ‘Preamble and Declaration’ in Constitution of the Church of Ireland (2003), First Schedule at p 3, I(3).

107 Ibid, at I(1).

108 Ibid, at I(2).

109 Ibid, at II.

110 Ibid, at III.

111 Revised fourteen times since 1871: in 1877, 1879, 1889, 1899, 1909, 1919, 1926, 1934, 1946, 1960, 1972, 1978, 1988 and 2003.

112 Eg, ‘Holy Baptism One’, in Book of Common Prayer, 352, note 1.

113 ‘Holy Baptism Two’, in Book of Common Prayer, 360.

114 Eg, ‘Holy Baptism One’, in Book of Common Prayer, 352, note 4.

115 ‘Holy Baptism Two’, in Book of Common Prayer, 357.

116 ‘Ministry to those who are sick’, in Book of Common Prayer, 440.

117 See, for instance, in the Book of Common Prayer: ‘Holy Communion Two’ at 219 and 220; ‘Service for Ash Wednesday’ at 338.

118 Constitution of the Church of Ireland, ch 1, ss 7, 9; ch II, s 12; ch III, s 3; ch IV, s 4.

119 Ibid, ch II, s 12.

120 Ibid, ch XIV, s 2 (The Clergy Pension Fund).

121 N Doe, Legal Framework of the Church of England, p 225.

122 Lay persons over 17 and under 74 years who are members ‘of the Church of Ireland and a communicant of the said Church’ are eligible for election, and are required to make a declaration to that effect, which is prima facie evidence of those qualifications.

123 Constitution of the Church of Ireland, ch II, ss 2, 4. Synod members must be at least 18 years of age, members of the Church of Ireland, and communicants. A declaration confirming these qualifications is required, and is prima facie evidence of those qualifications. Those synod members elect the members of the diocesan council, who, being members of the diocesan synod, must be similarly qualified. Triennially, diocesan synod members elect episcopal electors.

124 Constitution of the Church of Ireland, ch III, s 2 and ch V, s 6 (vestry members of a trustee or non-parochial church). Lay persons who have attained 18 years and who are qualified in either of two ways may register as vestry members. They must declare that they are ‘a member of the Church of Ireland’, and not registered in another parish as an accustomed member. A diocesan synod may make additional regulations requiring that, in order to qualify, vestry members must be subscribers to church funds.

125 Ibid, ch IX, s 26 (canon 26).

126 Ibid, ch IX, s 28 (3) (canon 28.3).

127 ‘General Directions for Public Worship’, in Book of Common Prayer, 75, n 14A.

128 Constitution of the Church of Ireland, ch 1, ss 7, 9; ch II, s 12; ch IV, s 4.

129 Rubric before ‘Exhortation Three’, in ‘Holy Communion One’, Book of Common Prayer, 199.

130 ‘Confirmation One’, in Book of Common Prayer, 356. For the admission to Holy Communion of the baptised but unconfirmed, see, however, JGS [1993] ‘Report of the Select Committee on the Communion of the Baptised but Unconfirmed’, 333–336; JGS [1994] ‘Report of the Select Committee on the Communion of the Baptised but Unconfirmed’, 275; JGS [1995] ‘Report of the Select Committee on the Communion of the Baptised but Unconfirmed’, 273–276 and a ‘Minority Report’ at 277–280; JGS [1996], 143 and opinion of the Legal Advisory Committee at 198–200; JGS [1998] ‘Report of the Select Committee on the Communion of the Baptised but Unconfirmed’, 310–317; JGS [1999] lxxv, and JGS [2001] xcvi.

131 ‘Ministry to those who are Sick’, in Book of Common Prayer, 440.

132 Constitution of the Church of Ireland, ch IX, s 35 (canon 35).

133 Ibid, ch IX, s 14 (canon 14).

134 Lambeth Conference 1968, Resolution 45: ‘…in order to meet special pastoral needs of God's people, under the direction of the bishop, Christians duly baptized in the name of the Holy Trinity and qualified to receive Holy Communion in their own Churches may be welcomed at the Lord's Table in the Anglican Communion’.

135 Constitution of the Church of Ireland, ch IX, s 16 (canon 16).

136 Ibid, ch IX, s 32 (canon 32).

137 Ibid, ch XII, s 3.

138 Deane, Church of Ireland Handbook, p 13. See also the Irish Church Act 1869, s 26.

139 Constitution of the Church of Ireland, ch IX, s 22 (canon 22).

140 Ibid, s 21(1) (Canon 21.1).

141 Ibid, s 21(2)(a) (Canon 21.2a).

142 Ibid, s 21(2)(b) (canon 21.2b).

143 Ibid, s 21(3)(a), (b) (canon 21.3a, 3b).

144 Ibid, s 21(3)(c) (canon 21.3c).

145 Ibid, s 21(4) (canon 21.4).

146 Ibid, s 23 (canon 23).

147 Ibid, s 25 (canon 25).

148 Ibid, s 24 (canon 24).

149 Ibid, s 19 (canon 19).

150 Ibid, ch IV, s 67.

151 ‘Declaration for Subscription’ in ibid, ch IV, Schedule, page 4.14, no 1.

152 Ibid, no 2.

153 Ibid, no 2.

154 Ibid, no 3.

155 Ibid, no 4.

156 Ibid, no 5.

157 Ibid, no 6.

158 Ibid, ch XIV.

159 Ibid, s 2(b).

160 Ibid, s 2(e).

161 Ibid, s 25.

162 Ibid, s 28.

163 Styled ‘Anglican Ius Commune’: see N Doe, ‘The common law of the Anglican Communion’ (2003) 7 Ecc LJ 4–16. For a comprehensive and detailed study, see generally Doe, Canon Law in the Anglican Communion. For a broader framework of comparison, see G Robbers (ed), State and Church in the European Union (second edition, Baden-Baden, 2005).

164 See chapter 4, para 4.5.

165 Australia, Constitution, ch XII, s 71(1). See also Long v Bishop of Cape Town (1863) 1 Moo PCC NS, 411; Bishop of Natal v Gladstone (1866) LR 3 Eq 1; Re Lord Bishop of Natal (1865) 3 Moo PCC NS 115. See also Forbes v Eden (1867) LR 1 Sc & Div 568, HL; and also Southern Africa, Constitution, Preamble, 5.

166 Hong Kong, 5.1.

167 Sudan, Article 1 (xxxii), p 7. See also, England, Church Representation Rules, r 54 (2). See also Walsh v Lord Advocate [1956] 3 All ER 129, HL, at 139.

168 West Africa, Constitution, Art XVIII, s 15.

169 Holy Catholic Church of Japan.

170 Constitution and Laws of the Nippon Seikokai (Nippon Seikokai Kanku Jimusho, 2004, translated by the Rt Revd Michael Mayes, Bishop of Limerick), Art 6.

171 See e.g. Southern Africa, iii; Sudan, 7, para xxxii; and Wales, Vol I, Constitution, ch I, 2.

172 Sudan, Art 4, p 13.

173 Melanesia, Art 4.

174 West Africa, Constitution, Art 1.

175 TEC, Canons, Title I, canon 17 (5).

176 See also: Melanesia, Title A, Canon 1; TEC, Canons, Title I, Canon 17 (1a); Australia, Constitution, ch XII, s 74 (1); Japan, Regulations, ch 6, 56 (2).

177 Hong Kong, canon 25, 7.1.

178 Ibid, canon 25, 7.1.1.

179 Ibid, canon 25, 7.1.2.

180 Ibid, canon 25, 7.1.3.

181 Ibid, canon 25, 7.1.4.

182 Ibid, canon 25, 7.2.

183 Ibid, canon 25, 7.5 and 7.6.

184 Ibid, canon 25, 7.4.

185 Nigeria, chapter 1, s 2(3); also canon XIX, s 1.

186 Ibid, canon XIX, s 2.

187 Ibid, canon XIX, s 3.

188 Ibid.

189 Ibid, canon XIX, s 4.

190 Ibid, canon XIX, s 6.

191 England, Revised Canons Ecclesiastical, canon B 39.

192 Scotland, canon 41(1).

193 Scotland, canon 41(2). See also England: Church Representation Rules, r 1(1); Mexico, canon 10(1); and New Zealand, Canons, Title B, canon XXI, 1.1.

194 Sudan, Art 1 (xxxiii), p 7.

195 Hong Kong, 2.1.9.

196 Scotland, canon 41(2).

197 West Africa, Constitution, Art XVIII, s 9.

198 Ibid, Art XVIII, s 10.

199 Ibid, Art XVIII, s 19.

200 Wales, vol I, Constitution, ch I, 6 (b).

201 West Africa, Constitution, Art XVIII, s 9.

202 Southern Africa, Art XXIV (10), p 14.

203 TEC, Canons, Title I, canon 17 (2a).

204 Mexico, Canons, canon 10 (2).

205 England, Church Representation Rules, r 54(1).

206 West Africa, Constitution, Art XVIII, s 9.

207 Hong Kong, 2.1.9. In the Church of England, for example, all who have been confirmed have a duty (having prepared themselves) ‘to receive the Holy Communion regularly, and especially at the festivals of Christmas, Easter and…Pentecost’ (canon B 15, para 1). Those to be admitted to the Holy Communion must be members of the Church of England who have been confirmed in accordance with the rites of that Church, or be ‘ready and desirous to be confirmed’, or have been episcopally confirmed (canon B 15A, para 1(a)). Under the Church Representation Rules, ‘actual communicant’ is a person who has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment (r 54(1)).

208 TEC, Canons, Title I, canon 17 (2b).

209 TEC, Canons, Title I, canon 17 (3).

210 Mexico, Canons, canon 10(3).

211 New Zealand, Canons, Title G, canon VII.

212 Japan, Regulations, ch 6, 57(1).

213 Ibid, ch 6, 57(2).

214 Melanesia, Title A, canon 2.

215 England, Revised Canons Ecclesiastical, canon B 15A, para 1(b).

216 See, for instance, Mexico, canon 10(1); and New Zealand, Canons, Title B, canon XXI, 1.1.

217 See, for instance, Wales, Vol I, Constitution, ch I, 11, and ch III, 7. See also: New Zealand, Canons, Title B, canon XXI, 1.1.

218 England, Church Representation Rules (see, eg, rr 10(1)(c), 31(3), 35(4)(b), 37(1)(b)); Southern Africa, canon 1(3); Nigeria, ch II, s 10; Australia, Constitution, ch IV, s 17(6); Sudan, Art 11, p 20.

219 Southern Africa, Art XXI, p 12, and ACT VIII of the Provincial Synod, p 163.

220 Hong Kong, 5.4.

221 Scotland, canon 52(5); and Appendix 23.

222 Nigeria, canon XVI, s 1.

223 New Zealand, Canons, Title B, canon XXI, 1.3.

224 Wales, Vol I, Constitution, ch I, 14; ch V, 12; ch VI, 26.

225 Scotland, canon 26 (Repelling from Holy Communion); Southern Africa, canon 35 ss 8–13.

226 14 Halsbury's Laws of England (fourth edition), para 346.

227 See, for example, Doe, Legal Framework of the Church of England, pp 500–508; See also 14 Halsbury's Laws of England (fourth edition), para 334.

228 Conn, J, Doe, N and Fox, J, (eds), Initiation, Membership and Authority in Anglican and Roman Catholic Canon Law (Rome, 2005), p 3.

229 Ibid, p 4.

230 England, Church Representation Rules, r 1 (2).

231 England, Revised Canons Ecclesiastical, Canons, canons C 1–C 6.

232 Ibid, canons D1, D2 and D3.

233 Ibid, canons E4, E5 and E6.

234 Ibid, canon E1.

235 Ibid, canons E7 and E8.

236 Ibid, canon G2.

237 Ibid, canon G4.

238 An autonomous Indian Church, in limited communion with Anglicanism.

239 South India, Constitution, ch XI, s 1.

240 Ibid, ch XI, s 2.

241 Ibid, ch II, s 4.

242 Ibid, ch IV, ss 1(a), (b).

243 Ibid, ch IV, s 8.

244 Ibid, ch IV, s 2.

245 Ibid, ch IV, s 4.

246 JGS, [1995], cvi. Full communion exists with the Evangelical Lutheran Churches in Finland, Iceland, Norway, Sweden, Estonia and Lithuania. Denmark has observer status and Latvia, a participant in the conversations, has not yet signed the agreement. My lack of facility in the languages of those countries impedes access to the original versions of the constitutions of the Porvoo Churches. Information has, however, been supplied by representatives on the Porvoo Contact Group. See also The Porvoo Common Statement (London, 1993).

247 Freedom of Religion Act 2003 (Finland), s 10.

248 Ibid.

249 Ibid, s 11.

250 Information supplied by the Revd Dr Matti Repo, Executive Secretary for Theology, Church of Finland.

251 Statut der Evangelishen-Lutherischen Kirche Litauens, in Der Fassung der VII Synode der ELKL vom 29.7.2000, para 3.1.

252 Information supplied by the Revd Dr Darius Petkunas, Evangelical Lutheran Church of Lithuania.

253 Information supplied by Dr Lars Friedner, General Secretary of the Church of Sweden.

254 R Ombres, ‘Faith, doctrine and Roman Catholic canon law’, (1987–1989) 1 Ecc LJ (4) 39. For the place of canon law in Anglican–Roman Catholic relations, see N Doe, ‘The principles of canon law’ (1999) 5 Ecc LJ 221–240.

255 R Ombres, ‘Faith, doctrine and Roman Catholic canon law’, pp 33, 37.

256 ‘Lumen Gentium’, ch 1, in Flannery (ed), Vatican Council II, p 366.

257 Code of Canon Law 1983, canon 204, para 1.

258 Ibid, canon 96, and canon 204, para 1.

259 Ibid, canon 205. For baptism generally, see canons 849–878.

260 Ibid, canon 207, para 1.

261 Ibid, canons 208–223.

262 Ibid, canons 224–231.

263 Ibid, canons 273–289.

264 Ibid, canon 213.

265 Ibid, canon 842, para 1, and canon 849.

266 Ibid, canons 875–878.

267 Beal, JP, Coriden, JA and Green, TJ (eds), New Commentary on the Code of Canon Law (New York, NY, 2000), p 1021.

268 Code of Canon Law 1983, canon 912.

269 Ibid, canon 844, paras 3, 4.

270 Ibid, canon 97, para 1, and canon 98, para 1.

271 Ibid, canons 100, 101.

272 Ibid, canon 102.

273 Ibid, canon 109.

274 Ibid, canon 110.

275 Ibid, canon 111.

276 For the Covenant between the Church of Ireland and the Methodist Church in Ireland, see JGS, [2002] cxiii. For the Covenant Council, see JGS, [2003] cxv.

277 Methodist Church in Ireland, Methodist Belief (Belfast, 2003) 15–16, D2.

278 Ibid.

279 Ibid.

280 Ibid.

281 The Code: The Book of the Constitution and Government of the Presbyterian Church in Ireland (Belfast, 1980), ch 1, s II (5).

282 Ibid, s II (7).

283 Ibid, ch II, s 2 (40).

284 Ibid, s II (8).

285 Ibid, ch XII, s 1 (175.1).

286 For an historical overview of canon law generally, see E Kemp, ‘The spirit of the canon law and its application in England’, (1987) 1 Ecc LJ (1) 5; and also The Canon Law of the Church of England (The Garbett Report) (London, 1946).

287 A Empey, ‘The layperson in the parish: the medieval inheritance, 1169–1536’ in Gillespie, R and Neely, W (eds), The Laity and the Church of Ireland, 1000–2000 (Dublin, 2002), p 7.

288 Ford, A, The Protestant Reformation in Ireland 1590–1641 (Dublin, 1997), pp 2829.

289 T Barnard, ‘Parishes, pews and parson: lay people and the Church of Ireland, 1647–1780’ in Gillespie and Neely (eds), The Laity and the Church of Ireland, p 81.

290 Bullingbrooke, E, Ecclesiastical Law of the Church of Ireland (Dublin, 1770).

291 For the nature of establishment, see generally Avis, P, Church, State and Establishment (London, 2001); and for the disestablishment of the Church of Ireland, see McDowell, R, The Church of Ireland 1869–1969 (London, 1975); Nowlan, K, ‘Disestablishment 1800–1869’ in Hurley, M (ed), Irish Anglicanism 1869–1969 (Dublin, 1970), p 1; Shearman, H, Privatising a Church (Lurgan, Co Armagh, 1995).

292 See generally Knight, F, The Nineteenth-Century Church and English Society (Cambridge, 1998).

293 Crawford, J, The Church of Ireland in Victorian Dublin (Dublin, 2005), p 68.

294 Ibid, p 69.

295 Archdeacon of Meath.

296 Stopford, E, A Handbook of Ecclesiastical Law and Duty of the Use of the Irish Clergy (Dublin, 1861).

297 See Representative Church Body Library – General Convention papers, MS 2/2: Original resolutions of the General Convention, 1870; and also Journal of the General Convention of the Church of Ireland (1870).

298 F Knight, ‘From diversity to sectarianism: the definition of Anglican identity in nineteenth-century England’ in Swanson, R (ed), Unity and Diversity in the Church, Studies in Church History 32 (Woodbridge, 1996), p 385.

299 Ibid, p 386.

300 Dulles, Models of the Church, p 188.

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Ecclesiastical Law Journal
  • ISSN: 0956-618X
  • EISSN: 1751-8539
  • URL: /core/journals/ecclesiastical-law-journal
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