In February 1988 a group of German, Italian and Spanish scholars, principally professors of ecclesiastical law, met on the politically if not theologically neutral ground of Geneva to consider the creation of a European body linking scholars working in this field in the various member States of the European Community.

The seal of the confessional was part of the canon law applied in England before the Reformation. It was also part of that law which was continued in force at the Reformation, as is confirmed by the proviso to canon 113 of the 1603 Canons. This proviso is still in force and proprio vigore binds the clergy of the Church of England. By the Act of Uniformity, 1662, the hearing of confessions was enjoined upon those clergy in certain circumstances; the law places no limit upon the frequency of their being heard. It is unsurprising that there are infrequent references to the seal of the confessional since the Reformation; such cases as there are are inconclusive. Nevertheless, although the seal of the confessional may be waived by the penitent, the refusal by an Anglican clergyman to disclose what was said within sacramental confession is based upon a duty imposed on him by the ecclesiastical law rather than upon an evidential privilege. An Anglican clergyman in breach of that duty would be in grave danger of censure by the ecclesiastical courts and such censure might well lead to his deprivation and possible deposition from Holy Orders. The ecclesiastical law is part of the general law of the land and must be applied in both the ecclesiastical and secular courts. Both courts must therefore enforce that clerical duty and uphold any refusal by an Anglican clergyman to answer questions in breach of the seal of the confessional.

The broadcasting world is currently undergoing a revolution. The new technologies of cable and, more importantly, satellite broadcasting have brought within reach an enormous potential expansion and diversity in broadcasting. The Broadcasting Act 1990 is the government's response to the challenge, creating a mostly new regulatory framework. Alongside technological advance there has been a growing concern with regulating programme quality, as the creation of the Broadcasting Standards Commission (placed by Pt. V of the Act on a statutory footing) bears witness. A minor, but not insignificant, place in these cross-currents of ferment is occupied by religious broadcasting. This article seeks to place the controls and duties relating to religious broadcasting under the new regime within the context of its history in the UK and to consider the extent to which the new legal and administrative controls achieve an acceptable balance between religious expression and control of standards.

As a general principle, regular marriage in the Church of England is solemnized after the publication of banns. This requirement entered the medival canon law first as a matter of local custom, but was made universal in 1215 by a decree of the Fourth Lateran Council. Lord Hardwicke's Act did not impose the requirement of banns for the first time; it simply ensured that the option of an irregular marriage without banns, previously recognised by Church and State thoughfrowned upon, would no longer be valid in law.

A distinction which has been much discussed by those concerned with the laws governing churches, especially perhaps the Church of England and to a lesser extent the Church in Wales, is that between canon law and ecclesiastical law. At times, the terms appear to be used synonymously, whilst at others, there is a clear distinction. It is submitted that both views can be correct. However, they are correct only while certain conditions prevail.

A recent biography of Enoch Powell quotes him as using an interesting metaphor to illustrate the way in which the House of Commons can control the Treasury:

Many churches contain an old chest with three locks. The keys to those locks were held by the parson and the two churchwardens, and they were all different. Only, therefore, by the co-operation of all three could anything be extracted from the parish chest.

In the January 1990 issue of the Journal, Professor McClean gave some account of the first meeting of the European Consortium for Church and State Research and of the position as to State support for Religious Education in the countries of the European Community. This article, based on his contribution to the March Conference of the Society, looks at the wider question of State Finance for the Churches, their ministry and worship.

Education (Student Loans) Act 1990. This Act is controversial because it challenges the established assumption that, subject to means tests, the government should fund fees and maintenance of all students taking first degrees. It envisages a proportion of such cost being met in future as a loan repayable by the student after graduation. The loans may be provided in respect of ‘courses of higher education’ as defined in a Schedule to the Act. These include first degrees and further training courses for teachers or youth and community workers. Thus first degrees in theology and post graduate courses for teachers of Religious Education would be covered. Post graduate degrees are not generally eligible although courses up to first degree level which could be funded would seem to include training for ordination. Loans can only be made in respect of universities and other designated institutions.