Discipline of the clergy is a subject of perennial interest—both in the popular press whenever something sensational takes place, and among the clergy and thoughtful lawyers when they are confronted either with the general problem of how best to fashion the church's law or the more immediate problem of how to deal with offenders against the church's law. The subject also has a long history. The purpose of this article is to bring to light a chapter from the century or so before the Reformation. Evidence taken from the medieval canon law and from the court records of the later Middle Ages may be of interest—and perhaps even relevance—to members of the Ecclesiastical Law Society. It has been my pleasure and good fortune to discover that many of them are not immune to the claims of history.

To those familiar with the practice of suspension of the right of presentation this theme may be a sensitive one, arousing perhaps fierce passions. To those unfamiliar it may simply sound like a technical abstraction. I hope that the former, out of consideration for the latter, will allow me the indulgence of setting the scene for this subject by drawing upon the true circumstances of one benefice in a diocese in the southern Province.

This evening I propose to offer you some of the results of my research for a book I have recently completed. I examined the work of canonists, in the Eastern and Western parts of the Christian community. I explained what they did and indicated the contribution they made to the development of canon law in the first millennium of Christianity. The book deals primarily with Rome and Constantinople, though there is an excursus into Methodius and the Slavs and into the Churches in Syria and Persia. What binds the chapters together, and makes them more than a collection of disparate essays, is the parallel discussion of three issues. These are: the constitution and governance of the Church (monarchical, patriarchal/imperial, synodal), the discipline of the clergy (married or celibate) and the question of re-marriage in church after divorce

The European Consortium for Church and State Research was established in 1989 and has its headquarters at the Istitutio di Diritto Internazionale of the University of Milan. Professor David McClean. who since its inception has occupied the place reserved for the United Kingdom, set out the background to the formation of the Consortium in his paper, European perspectives on Ecclesiastical Law and Religious Education (1990) 2 Ecc LJ 23–27. Since then the Consortium has met annually and considered a broad range of subjects concerning relations between states and relirious denominations in Europe from a historical, political and, particularly, juridical point of view. Its web page may be viewed at www.uni-trier.de/eurocon/. Professor Norman Doe was elected to the Consortium two years ago. having been involved in its affairs for some years. I was invited to attend the sessions in Reggio Calabria (1998), in Strasbourg (1999) and. most recently, in Vienna last November.

This paper deals, in an introductory way, with the role which the canon law of individual Anglican churches plays in the wider context of the global Anglican Communion. Part I reflects on the two main experiences which Anglicans have concerning ecclesial order and discipline: that of the juridical order of each particular church, and that of the moral order of the global communion; it also examines canonical dimensions of inter-Anglican conflict. Part II deals with the contributions which individual canonical systems, the Anglican common law (induced from these systems), and the canonical tradition currently make to global communion. Part III assesses critically these contributions, their strengths and weaknesses, illustrates the potential of individual canonical systems for the development of global communion, and reflects on practical ways in which that potential might be fulfilled. Generally, the paper aims to stimulate discussion as to whether there exists a sufficient understanding of Anglican common law to justify: (a) the issue, by the Primates Meeting, of a statement of this, being a description, which itself would not have the force of law, of those parts of Anglican common law which deal with inter-Anglican relations, (b) incorporation of the statement by individual churches in their own legal systems, so that (c) each church has a meaningful and binding body of communion law. in order (cl) to enhance global communion and inter-Anglican relations, and to reduce the likelihood of inter-church disagreement.

The working party was set up in 1991, and has met on a number of occasions since then at various venues. It became clear that because of other commitments its members felt unable to make a thorough study of the subject, and it was decided to produce a working paper which would set out the points which would need to be addressed if a Bill to disestablish the Church of England was ever introduced. The working party is now dissolved, though there is still need for another group to forward the discussion at a time when the concept of ‘re-establishment’ is gaining favour. The members of this working party, it should be stressed, were themselves divided about the need, or otherwise, of disestablishment. Equally, members of the working party were drawn from the established Church of England and the disestablished Church in Wales. We also had some input from members living abroad.