THE CHURCH OF ENGLAND AND DIVORCE
SIR,—Itcgrettable to many though the present posi- tion is, it seems that only after Disestablishment can Mr. Weir's opponents establish their principles as valid law. Meanwhile, the legal position is clear : 1. Where canon law conflicts with the laws of the realm the latter must prevail ever since the 25 Henry VIII cap. 19 'provided always that no canons, consti- tutions, or ordinance shall be made or put in execution Within this realm by authority of the convocation of the clergy, which shall be contrariant or repugnant to the King's prerogative royal, or the customs, laws, or statutes of this realm.'
2. At present there are three modes of legislation for the Church of England : (a) by Act of Parliament; (b) by a Measure of the Church Assembly confirmed by Parliament in accordance with the provisions of the Enabling Act, and to such a Measure a majority of each of the three Houses of bishops, clergy and laity must have assented; (c) by Canon of Convoca- tion after signature by the Sovereign.
3. In this last case (c) it is legally possible for Con- vocation and Ote Crown to make Canons without assent of Parliament but for centuries it has been held that Capons are binding only on the clergy, since the laity are not represented in Convocation. Thus the Restoration Parliament of 1661 formally disallowed the so-called Canons of 1640 because they lacked Parliamentary confirmation. The present position would seem to be that by convention and custom the Sovereign would not sign Canons without the advice of Ministers of State so to do; since, otherwise, the action of the Crown might be challenged by questions in either House of Parliament, and in a constitutional monarchy the Crown must act with the advice of its Ministers.
For such proposed Canons as affect the laity, there- fore, their consent by majority vote of the House of Laity in the Church Assembly will probably be neces- sary and required. No Canon which is contrary to an Act of Parliament can have any force, even if signed by the Sovereign : while even if Canons should be enacted by Measure.. of the Church Assembly it would still be lawful for eithcr House of Parliament to refuse its consent, notwithstanding the majority approval of the House of Laity.—Yours faithfully,
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