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Published online by Cambridge University Press: 26 May 2025
On 2 February 1932, Alan Don, chaplain to the Archbishop of Canterbury Cosmo Gordan Lang, recorded in his diary the simple entry: ‘Church Assembly – not very invigorating’.1 This has been the tenor of the relationship between the English and the governing bodies of the church for centuries. This article seeks to describe the role of synodality at the regional level2 by reference to the General Synod of the Church of England, with a brief comparative study of the tikanga system in New Zealand, and asks the question whether the procedures meet the expectation of synodality.
1 The Very Reverend Alan Don KCVO (1885–1966) was at various times chaplain and secretary to Archbishop Lang, Chaplain to the Speaker of the House of Commons and Dean of Westminster. His diaries were edited by the Reverend Robert Beaken and published in a collection entitled ‘Faithful Witness: the confidential diaries of Alan Don, Chaplain to the King, the Archbishop and Speaker, 1931–1946’ (London, 2020).
2 Which is to say ‘national’ or ‘provincial’.
3 The Pontifical Council for Promoting Christian Unity, Synodality and primacy during the first millennium: towards a common understanding in service to the unity of the Church, 21 September 2016, para 3, which can be accessed here: https://www.christianunity.va/content/unitacristiani/en/dialoghi/sezione-orientale/chiese-ortodosse-di-tradizione-bizantina/commissione-mista-internazionale-per-il-dialogo-teologico-tra-la/documenti-di-dialogo/testo-in-inglese1.pdf, accessed 6 February 2025.
4 Second Edition (2022).
5 The reader will forgive the historical account that follows, out of place as it may seem in a paper on canon law, but it is necessary to set out the antecedence of synodical government to understand its modern application.
6 Bede’s The Ecclesiastical History of the English People.
7 Ecgfirth of Northumbria was the King of Deria (664–670) and the King of Northumbria (670–685).
8 Theodore of Tarsus was Archbishop of Canterbury from 668 to 690. Extraordinarily he died aged 88.
9 AF Smethurst, Convocation of Canterbury: What it is, What it does and How it Works (London, 1949).
10 P Ackroyd, The History of England Volume 1: Foundation (London, 2011).
11 See for example during the Provincial Synods of 785.
12 AF Smethurst in his work on the Convocation of Canterbury (note 9), explains that the first Provincial Council in Canterbury in 1175 is called both provincial concilium and Sacrosancta Synodus – although the use of the term ‘sacred synod’ then appears to fall into abeyance in the sixteenth century.
13 This was highlighted in 2013 during the drafting of the Marriage (Same Sex Couples) Act 2013 where it became apparent that provisions would need to be made to ensure that Canon B 30 (Of Holy Matrimony) would not suddenly become contrary to the law of the land – hence the inclusion of section 1(3): ‘No Canon of the Church of England is contrary to section 3 of the Submission of the Clergy Act 1533’ (which provides that no Canons shall be contrary to the Royal Prerogative or the customs, laws or statutes of this realm) by virtue of its making provision about marriage being the union of one man with one woman.
14 Whilst at times these have varied in reaction to the issues of the day, the role of the Convocations can historically be summarised as follows:
(1) Prescription of the Canon of Scripture.
(2) Promulgation of the Symbols of doctrinal belief.
(3) Condemnation of heretical tenets.
(4) Authorization of liturgical formularies.
(5) Enactment of Canons.
See James Wayland Joyce’s Handbook of the Convocations or Provincial Synods of the Church of England (London, 1887).
15 There are many factors as to why this was the case, but arguably the most significant was that the Glorious Revolution of 1688 marked the end of the Sovereign’s personal influence over Church administration and saw the beginning of the supremacy of Parliament. In 1717, when several controversies came to a head between George I and the Church, the King’s Ministers advised him to issue a writ requiring the prorogation of the Convocations, and the King, acting always on the advice of his minsters did so – and that was that. For more background on this, see E Kemp, Counsel and Consent (London, 1961).
16 By way of brief history – at the start of the twentieth century Parliament devolved almost all primary decision making on ecclesiastical matters to the Church. Just before the start of the first world war a Representative Church Council had requested a committee be formed to enquire into the means by which the church might pass her own laws. The recommendation was the Church Assembly, which the Convocations agreed to and which was granted powers under the Church of England Assembly (Powers) Act 1919. After the second world war, the Lowe Commission reported to the effect that as the right of collection action in relation to church matters lay with the entire body of Christ steps should be taken to increase lay representation in the decision-making structures of the Church. Being the Church of England, this required another Commission – this time chaired by Hodson and after some protracted and at times fractious debates in the Church Assembly and the Upper and Lower Houses of the Convocations, the Hodson Commission’s draft Synodical Government Measure was passed, and the General Synod came into existence.
17 Canon A 6 (Of the government of the Church of England).
18 See section 1 of the Synodical Government Measure 1969 for the underlying authority for this Canon.
19 Prior to 1970 this function was exercised by the National Assembly of the Church of England.
20 Measures of the Church of England have the same effect as an Act of Parliament (section 1(5) of the Church of England Assembly (Powers) Act 1919), and, once passed, have been held to be impenetrable to challenge on the grounds of vires – R v Archbishops of Canterbury and York, ex parte Williamson, The Times, 9 March 1994, CA.
21 The Legal Framework of the Church of England (Oxford, 1996).
22 Elections take place every five years.
23 The Bishop of Dover is a suffragan bishop in the Diocese of Canterbury but as de facto diocesan bishop.
24 Church Representation Rules, rule 49(4)(a).
25 Including the two archbishops.
26 These are, The Dean of the Arches and Auditor, the Vicars-General of the two provinces, the First and Second Church Estates Commissioner and the Chairs of the Pension Board and Dioceses Commission, although to note, where these persons are in Holy Orders they would be members of the House of Clergy.
27 The Third Church Estates Commissioner, the Chaplain General to the Prison Service and the Bishop of Dover and Bishop to the Armed Forces.
28 Synodical Government Measure 1969, Sch 2, Article 6.
29 Draft Clergy Conduct Measure.
30 Draft Abuse Redress Measure.
31 Draft National Church Governance Measure.
32 Draft Mission and Pastoral Measure.
33 See SO 37, which put into practice the requirements of Article 5 of the Constitution (note 27).
34 For example, the Final Approval of Measure or Canon, or where special majorities are required (see SO 36(4)).
35 Apart from a question of pure procedure. The Standing Orders require the Chair to order a vote by Houses if at least 25 members indicate they wish one to take place.
36 S Slack, ‘Decision-Making at Provincial Level in the Church of England’ (included in a set of unpublished papers produced for the fifteenth colloquium of Anglican and Roman Catholic Canon lawyers: N Doe (ed), ‘Counsel and Consent: Church Government in Anglican and Roman Catholic Canon Law’, 6–8 (March 2014)).
37 As happened during the Revision Stage for the draft legislation on women in the episcopate.
38 The voting figures were; HOB For 4, Against 39; HOC For 94, Against 106; HOL For 104, Against 96.
39 That the quality, and quantity, of the wine offered by the respective groups at Synod fringe events differs greatly may account for this.
40 The report of the Review Group – Synodical Government in the Church of England, chaired by Lord Bridge of Harwich.
41 See https://www.savetheparish.com, accessed 6 February 2025.
42 See https://alliancecofe.org, accessed 6 February 2025.
43 The House of Clergy rarely meets as a body and the House of Laity will meet one or twice a year.
44 The Archbishop of York currently chairs a House of Bishops Transparency Group examining this issue. Just prior to this colloquium the House of Bishops sat in public for the first time in recent history.
45 The allusion to walking together as an expression of Synodality has been used by Pope Francis in recent times.
46 Whilst not established, it represents the largest Christian denomination.
47 History/About/Home - Anglican Church in Aotearoa, New Zealand and Polynesia, Title B Canon I 1.1.1.
48 Constitution of the Anglican Church in Aotearoa New Zealand and Polynesia; Part A.
49 Ibid, Article 9.
50 Ibid, Article 10.
51 Meaning the King James Bible of 1611.
52 Constitution of the Anglican Church in Aotearoa New Zealand and Polynesia, Part B.
53 M Chapman, ‘Synodality in Anglicanism’ (2022) 73(2) MdKI 83–89, at 84.