Attitude towards assisted dying was assessed among 3,230 people who took part in the Church 2024 survey. Asked to respond to the statement ‘I am in favour of allowing assisted dying’, 51% disagreed, 28% agreed and 21% were uncertain, suggesting a sizable minority were either in favour of changing the law or undecided. Those against changing the law tended to agree that it is wrong for someone to take their own life, that only God can give and take life and that the risks of abusing any process are too great. Opinion varied across various groups, with women more in favour than men, the old more in favour than the young, laity more in favour than clergy and Anglo-Catholics or Broad Church more in favour than Evangelicals. Personal and psychological disposition predicted some variations in attitude towards assisted dying, probably because they predisposed individuals to taking more general liberal or conservative stances. The patterns are similar to those seen in several different moral issues debated in the Church of England in the last three decades, suggesting assisted dying might follow a similar trajectory in years to come.

In October 2022, the Church of England commissioned a study of the likely impacts of allowing the blessing or marriage of same-sex couples in church. This paper reports on a survey of key informers (bishops or chief executive officers) in dioceses in the seven provinces of the Anglican Communion that had at that time allowed either same-sex blessings (SSB) or same-sex marriages (SSM). Of 183 provinces or dioceses contacted, 62 (31%) replied to an online survey of which 74% had decided to allow SSB and 55% to allow SSM. While all provinces reported some losses of clergy or congregations, these were not as great as some had expected. Smaller provinces that had made spaces and time for those of differing opinions to meet together tended to report more positive outcomes than those where processes were dominated by synodical debates.

Quantitative analysis using two scales of internal (church-facing) and external (society-facing) impact showed that dioceses that allowed SSM rather than just SSB reported more positive external impact. Those that had allowed SSM reported better internal and external impact compared with those who allowed only SSB or neither. Open answers offered critical reflections highlighting important lessons learnt in the process of making decisions.

Multiple instances of safeguarding failures and criticisms of poor process and weak governance have afflicted the Church of England for many years, despite repeated assurances that ‘Lessons would be learned’. An Independent Safeguarding Board has been formed and then abolished without being replaced. A report by Professor Alexis Jay, former Chair of Independent Inquiry into Child Sexual Abuse, recommending the creation of two independent charities to oversee Church safeguarding has been passed to a Response Group and is being resisted by various groups within the Church. This article examines issues of the management of safeguarding within the overall governance of the organisation, compares issues within the Church with those which have been exposed by the Post Office Horizon scandal and considers the potential role of the audit function to concern itself with safeguarding matters as part of its oversight of risk management and corporate governance.

Until recently the faculty jurisdiction did not extend to trees in churchyards. This article explains how trees in churchyards became subject to that jurisdiction and explores the complicated law relating to churchyard trees.1

On 29 December 1838, the Dean of Exeter Cathedral, Whittington Landon, died. In the months that followed, the cathedral chapter repeatedly refused to elect the individuals nominated by the Crown, setting the stage for a protracted struggle that would play out in Parliament and in the Court of Queen's Bench. This is the story of R v The President and Chapter of the Cathedral Church of St Peter in Exeter.1

In May 2021, Jesus College Cambridge submitted to the Diocese of Ely a ‘faculty petition’ – that is, a formal request to alter the fabric of an ecclesiastical building – asking for permission to remove from the west wall of the college chapel a large memorial to Tobias Rustat, ‘because of Rustat's known involvement in the transatlantic trade in enslaved Africans’. On 23 March 2022, following hearings the month before, Hodge Dep Ch provided a written judgment in which he denied the application. The college, he said, had not provided a convincing case that the removal of the monument was ‘necessary to enable the Chapel to play its proper role in providing a credible Christian ministry and witness to the College community’, and such a case was needed to outweigh the ‘considerable, or notable, harm’ that would result from the removal ‘to the significance of the Chapel as a building of special architectural or historic interest’.

This article seeks to provide a constitutional law perspective on the contribution of the Lords Spiritual to the scrutiny of legislation in the House of Lords. It examines the legal basis of the bishops’ role in the Upper House and how this has evolved. It considers how far the bishops currently meet expectations about their role against the background of calls for reform of the House of Lords and changes in religious affiliation in the United Kingdom. The paper draws, amongst other things, on the experience of a group of current and former Lords Spiritual who shared their views with the author in the course of some informal semi-structured conversations. It also examines the relationship between the Lords Spiritual and the Church of England's national institutions. It concludes that the Lords Spiritual make a distinctive contribution to the legislature which should be maintained, with some modifications to meet the needs of the time.

Cathedrals have been described as ‘normative space’ insofar as their regulation both shapes, and is shaped by, their architecture. This article extends that description and applies it, by analogy, to listed Church of England churches and examines how the concept of ‘normative space’ relates to, and informs, their regulation within ecclesiastical and secular systems. The article goes on to outline the implications for (1) architectural and artistic innovation and (2) the worship and mission of the Church.

In October 2022 the Church of England commissioned an examination of the impact of the debate on same-sex blessing and same-sex marriage within other Anglican Churches. The examination involved a literature search, an original survey among key informers and a general internet search. This paper draws on the general internet search to contrast the impacts in New Zealand and Australia. Drawing on Jungian psychological type theory, this analysis employs the contrasting decision-making functions of feeling (concerned with subjective interpersonal values) and thinking (concerned with objective logical analysis). The data suggest that the feeling approach dominant in New Zealand, which prioritized offering space and time for those of differing opinions to meet together, reported more positive outcomes than the thinking approach dominant in Australia, which gave greater priority to adversarial debate.

The rhetoric of spiritual kinship was a pungent part of a “discourse of separation” which materialized among the English puritans in post-Reformation England. Using print literature aimed at properly preparing the godly to come “worthily” to the Lord's Supper, most of which was penned by puritan divines, this article examines family language in use among the godly in the context of the communion meal in the Elizabethan and early Stuart national church. This rhetoric signaled a real identity – an identity tied intimately to the nexus of right doctrine and a certain type of English Protestant practice. The present essay traces out the theological framework that buttressed this identity and suggests the ways in which family language fostered both inclusive and exclusive responses among the godly as they sought to “rightly” celebrate the sacrament. It argues that the use of the language of spiritual kinship helped the godly come to terms with their uncomfortable position in a national church they considered insufficiently reformed, and with the difficulties that ensued from “holy” living, as naturally unholy beings, in a fallen world. This study contributes to our understanding of the informal mechanisms by which early modern English Protestants could navigate the choppy waters of social and religious life in Elizabethan and early Stuart England. More generally, this consideration of a distinctive puritan usage of familiar scriptural language to make sense of England's religious landscape in this period underscores the interpretive importance of remaining acutely aware of discursive context in early modern religious sources.

The Enabling Act 1919 provided for a new National Church Assembly able to make Measures with the same force and effect as an Act of Parliament. The 1919 Act was without question a constitutional moment with far-reaching effects; and it was about law, not morals: legalists triumphed over moralists. However, it was just one stage in a much longer trajectory of thinking about the constitution of the Church of England. This article, which started life as a lecture to the Ecclesiastical Law Society's day conference on 2 April 2022, takes the story further back – and widens it. It presents the key elements of thinking about the constitution – accidents, continuity, change – in the works of English ecclesiastical lawyers – civilians, common lawyers and clerical jurists – from the Reformation to the Act of 1919. To what extent, if at all, in their understandings of the church constitution, were our historic ecclesiastical lawyers legalists, or moralists, or both? Was the ecclesiastical constitution itself simply a legal category, or did it, and its basics, also have a moral quality? This article explores these questions in relation to: (1) the nature, sources, and purposes of the constitution of the Church of England; (2) legislative, administrative and judicial power; and (3) the rights of the individual enforceable against the decisions of ecclesiastical government. This article is based on a paper delivered to the Ecclesiastical Law Society's 2022 day conference.

It is a great challenge to respond as a theologian to Professor Doe's magisterial survey in the article published in the previous pages of this Journal.I was asked to respond to the paper upon which that article is based from a theological perspective as part of the Ecclesiastical Law Society's 2022 day conference. Professor Doe demonstrates how, in the years between Hooker and the Church Assembly, ecclesiastical lawyers had recourse to both ethical, natural law arguments and those purely from legal or even positivistic ones. It is significant to see how frequently the Anglican theorist, Richard Hooker, is invoked throughout the article. He dates, of course, from the Reformation period when, as Harold Berman points out, a pre-Enlightenment jurisprudence still obtained which combined all three dimensions of law – the political, the moral, and the historical. In my view, what is important about Hooker is that he makes no separation between the legal and the ethical because law is divine in origin and even in God himself there is a law of his being: ‘the being of God is a kind of law to his working’ in giving his perfection to what he makes and ‘God is a law both to himself and to all other things beside’. Moreover, the ethical is only realised in what we decide to do and the laws we make. Law in Hooker is even Christological because, just as the Father begets the Logos (the Son), so the law proceeds as his continuing work in creation and history. To walk in God's ways and obey his laws is to be in union with Christ. Hooker was, of course, working out the meaning of the emerging Church of England in the Reformation Settlement, but even the pragmatic is itself participatory in the divine law and he appeals back to the natural law tradition for that reason.