A church dictionary

by Walter Farquhar Hook

8. The canons of Archbishop Reynolds, at a synod held at Oxford, in the year 1322, the 16th of Edward II.

9. The canons of Symon Mepham, archbishop of Canterbury, made in the year 1328, the 3rd of Edward III.

10. Of Archbishop Stratford.

11. Of Archbishop Simon Islip, made 1362, the 37th of Edward III.

12. Of Symon Sudbury, archbishop of Canterbury, made in the year 1378, the 2nd of Richard II.

13. Of Archbishop Arundel, made at a synod at Oxford, in the year 1403, the 10th of Henry IV.

14. Of Archbishop Chichely, in the year 1415, the 3rd of Henry V.

15. Of Edmond and Richard, archbishops of Canterbury, who immediately succeeded Stephen Langton.

It was intended to reform these canons soon after the Reformation; and Archbishop Cranmer and some other commissioners were appointed for that purpose by Henry VIII. and Edward VI. The work was finished, but the king dying before it was confirmed, it remains unconfirmed to this day. The book is called “Reformatio Legum Ecclesiasticarum ex Authoritate Regis Henry VIII. inchoata et per Edward VI. prorecta:” it was put into elegant Latin by Dr. Haddon, who was then university orator of Cambridge, assisted by Sir John Cheke, who was tutor to Edward VI. The above canons made by our Church before the Reformation, are, of course, binding on our Church now, and are acted upon in the ecclesiastical courts, except where they are superseded by subsequent canons, or by the provisions of an act of parliament.

(III.) The next thing to be considered is, the authority of making canons at this day; and this is grounded upon the statute 25 Henry VIII., commonly called the act of submission of the clergy, by which they acknowledge that the convocation had been always assembled by the king’s writ; and they promised in verbo sacerdotis, not to attempt, claim, or put in use, or enact, promulge, or execute, any new canons in convocation, without the king’s assent or licence. Then follows this enacting clause, viz. That they shall not attempt, allege, or claim, or put in use, any constitutions or canons without the king’s assent; and so far this act is declarative of what the law was before. The clause before mentioned extends to such canons as were then made both beyond sea and in England, viz. to foreign canons, that they should not be executed here until received by the king and people as the laws of the land, and to canons made here which were contrary to the prerogative, or to the laws and customs of the realm. This appears by the proviso, that no canons shall be made or put in execution within this realm, which shall be contrary to the prerogative or laws. But the next are negative words, which relate wholly to making new canons, viz. “nor make, promulge, or execute any such canons without the king’s assent.” These words limit the clergy in point of jurisdiction, viz. that they shall not make any new canons but in convocation: and they cannot meet there without the king’s writ; and when they are met and make new canons, they cannot put them in execution without a confirmation under the great seal. Some years after this statute, the clergy proceeded to act in convocation, without any commission from Henry VIII. But the canons which they made were confirmed by that king and some of his successors, as particularly the injunctions published in the 28th year of Henry VIII., for the abolishing superstitious holy days; those for preaching against the use of images, relics, and pilgrimages; those for repeating the Creed, the Lord’s Prayer, and Ten Commandments in the English tongue. Henry VIII. sometimes acted by the advice of his bishops, out of convocation, as about the injunctions published in the 30th year of Henry VIII., for admitting none to preach but such as were licensed; those for keeping a register of births, weddings, and burials; and for the abolishing the anniversary of Thomas à Becket. The like may be said of those injunctions published in the 2nd year of Edward VI., prohibiting the carrying of candles on Candlemas day, and ashes in Lent, and palms on Palm Sunday. Queen Elizabeth, in the second year of her reign, published several injunctions by the advice of her bishops. And two years afterwards she published a book of orders without the confirmation of her parliament. When she was settled in her government, all Church affairs were debated in convocation. Several canons were made in her reign, and confirmed by her letters patent: but as she did not bind her heirs and successors to the observance of them, those canons expired with her reign. In all these reigns the old canons were still in force, but in the first year of King James, 1603, the clergy being lawfully assembled in convocation, the king gave them leave, by his letters patent, to treat, consult, and agree on canons: these they presented to him, and he gave them his royal assent; and by other letters patent, for himself, his heirs and successors, ratified and confirmed the same. These canons thus established were not then invented, but were collected out of ordinances which lay dispersed in several injunctions published in former reigns, and out of canons and other religious customs which were made and used in those days; and being thus confirmed, are the laws of the land, and by the same authority as any other part of the law; for being authorized by the king’s commission, according to the form of the statute 25 Henry VIII., they are warranted by act of parliament; and such canons made and confirmed, shall bind in ecclesiastical matters as much as any statute. An act of parliament may forbid the execution of any canon; but it has been usual to respect all those which enjoin some moral duty; yet a canon not confirmed by an act of parliament cannot alter any other law. It is agreed that canons made in convocation, and confirmed by letters patent, bind in all ecclesiastical affairs; that no canons in England are absolutely confirmed by parliament, yet they are part of the laws of the land, for the government of the Church, and in such case bind the laity as well as the clergy; that though such canons cannot alter the common law, statutes, or royal prerogative, yet they may alter other canons, otherwise the convocation could not make new canons. All that is required in making such canons is, that the clergy confine themselves to Church affairs, and do not meddle with things which are settled by the common law. But though no canons are absolutely confirmed by act of parliament, yet those which are neither contrary to the laws of the land, nor to the queen’s prerogative, and which are confirmed by her, are made good, and allowed to be so, by the statute 25 Henry VIII. And as to those canons which tend to promote the honour of God and service of religion, they must necessarily bind our consciences. Such are those which enjoin the sober conversation of ministers, prohibiting their frequenting taverns, playing at dice, cards, or tables; this was anciently prohibited by the Apostolical Canons, and in the old articles of Visitation here, and in several diocesan synods. Such are those canons, also, which relate to the duties of ministers in praying, preaching, administering sacraments, and visiting the sick.