In fact, they existed from the very first: the English Church and
state grew up side by side, and from the beginning they were in close
relations with one another. But although the state of things which it
represented was there from the first, the term "established" or
"established by law" only came into use at a later date. Until there was
some other religious society to be compared with it such a distinctive
epithet would have had no point. As, however, there arose religious
societies which had no status before the law, it became more natural;
and yet more so when the formularies of the Church came to be
"established" by civil sanctions (the Books of Common Prayer by 5 and 6
Edw. VI. c. 1, s. 4, &c; the Articles by 13 Eliz. c. 12; the new Ordinal
by 13 and 14 Car. II. c. 4, title). Accordingly the Church itself came
to be spoken of as established by law; first, it would seem, in the
Canons of 1604, and subsequently in many statutes (Act of Settlement, 6
Anne, c. 8 and c. 11, &c). In all such cases the Church is described as
already established, not as being established by the particular canon or
statute. In other words, the constitutional status of the Church is
affirmed, but nothing is said as to how it arose.
The legislative changes of the 16th and 17th centuries brought
"establishment" into greater prominence and greatly modified its
conditions, but a moment's thought will show that it did not begin then.
If, e.g., all post-Reformation ecclesiastical statutes were
non-existent, the relations between Church and state would be very
different, but there would still be an "establishment." The bishops
would sit in the House of Lords, the clergy would tax themselves in
convocation, the Church courts would possess coercive jurisdiction, and
so on. The present relations of Church and state in England may be
briefly summed up as follows:--(1) _The personal relation of the crown
to the Church_, including (a) restraints upon the action of convocation
(formulated by 25 Hen. VIII. c. 19); (b) nomination of bishops, &c. (25
Hen. VIII. c. 20); (c) power of supervision as visitor, long disused (26
Hen. VIII. c. 1; 1 Eliz. c. 1, s. 17); (d) power of receiving appeals as
the fount of civil justice (25 Hen. VIII. c. 19, &c). In connexion with
these, it must be borne in mind that (a) the holder of the crown
receives coronation from the church and takes an oath having reference
to it (1 Will. III. c. 6), and (b) the crown is held on the condition of
communion with the Church of England (Act of Settlement; the conditions
of communion are laid down in the Prayer Book, which itself is
sanctioned by law). (2) _The relation of the Church to the crown in
parliament._ No change has been permitted in its doctrine or formularies
without the sanction of an act of parliament. (3) _Privileges of the
Church and clergy._ Of these may be mentioned (a) the coercive
jurisdiction of the Church courts; (b) the right of bishops to sit in
the House of Lords.
Public-domain text, read in full here on John Shaqi.
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