The Discipline of the Clergy in the Church of England between historical foundations and regulatory developments

Abstract

This article examines the disciplinary system of the clergy in the Church of England through the lens of the relationship between ecclesiastical jurisdiction and state authority. Starting from the medieval development of ecclesiastical courts, the study highlights the structural tensions between spiritual and secular power that have shaped the English legal system. Particular attention is paid to the Royal Supremacy as a turning point in the reorganization of ecclesiastical jurisdiction. The analysis then focuses on the modern normative framework, from the Ecclesiastical Jurisdiction Measure 1963 to the Clergy Discipline Measure 2003, with reference to the recent Clergy Conduct Measure 2025. The article argues that the progressive secularization of religious offences reflects an advanced transformation of ecclesiastical jurisdiction, increasingly influenced by principles and mechanisms of state law, raising broader questions about the future of confessional jurisdictions.