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65-732: The IACCS was legally constituted as the "Independent Catholic Church of Canada" by Letters Patent in 1978, by Peter Goodrich, then Archbishop of the Liberal Catholic Church. In 1978, the Ottawa Journal reported Goodrich's consecration as Primate of the Liberal Catholic Church: "Most Rev. Peter Goodrich, Archbishop of Ontario, was elected primate of the Canadian Liberal Catholic Church International at

130-581: A royal decree made under the royal prerogative and are treated as statute law. Letters patent do not require the consent of parliament . In some Commonwealth realms, such as Canada and New Zealand ( Letters Patent, 1947 in Canada and Letters Patent 1983 in New Zealand), letters patent serve as formal legal instruments that officially grant powers to the governor general . An important function of Letters Patent in many Commonwealth Realms

195-480: A crown in heraldry and other imagery such as cap badges , uniforms, government logos and elsewhere. The heraldic crown is chosen by the reigning monarch. From 1661 to the reign of Queen Victoria , an image of St Edward's Crown was used. The early part of Victoria's reign depicted the Imperial State Crown created for her coronation , while a Tudor Crown began to be used from the 1860s. In 1901,

260-506: A network of other institutions of a similar nature." Canadian academic Philippe Lagassé found the crown "acts in various capacities, as such: crown-in-council (executive); crown-in-parliament (legislative); crown-in-court (judicial). It is also an artificial person and office as a corporation sole. At its most basic, "the Crown" is, in the UK and other Commonwealth realms, what in most other countries

325-479: A single alphabet letter ( littera ). Letters patent are a form of open or public proclamation and a vestigial exercise of extra-parliamentary power by a monarch or president. They can thus be contrasted with the Act of Parliament , which is in effect a written order by Parliament involving assent by the monarch in conjunction with its members. No explicit government approval is contained within letters patent, only

390-639: A variety of other purposes. They function dually as public records and personal certificates. In the United States, the forgery of letters patent granted by the President is a crime subject to fine, imprisonment up to ten years or both ( 18 U.S.C.   § 497 ). Without letters patent, a person is unable to assume an appointed office. Such an issue prompted the Marbury v. Madison suit, where William Marbury and three others petitioned

455-461: A word, the compendious formal, executive and administrative powers and apparatus attendant upon the modern constitutional and monarchical state." Lord Simon of Glaisdale stated: The crown as an object is a piece of jewelled headgear under guard at the Tower of London . But it symbolizes the powers of government which were formerly wielded by the wearer of the crown   ... The term "the Crown"

520-446: Is "the state"." Historically, the Crown was considered to be indivisible. Two judgments— Ex parte Indian Association of Alberta ( EWCA , 1982) and Ex parte Quark ( House of Lords , 2005)—challenged that view. Today, it is considered separate in every country, province, state, or territory, regardless of its degree of independence, that has the shared monarch as part of the respective country's government; though, limitations on

585-496: Is carried out by the civil servants employed in the various government departments." This interpretation was supported by section 8 of the Pensions (Colonial Service) Act 1887 ( 50 & 51 Vict. c. 13), which set the terms "permanent civil service of the state", "permanent civil service of Her Majesty" and "permanent civil service of the Crown" as having the same meaning. The Crown was first defined as an 'imperial' crown during

650-671: Is essential that the written grant should be in the form of a public document so other inventors can consult it both to avoid infringement (while the patent remains in force) and to understand how to put it into practical use (once the patent rights expire). In the Holy Roman Empire , Austrian Empire , and Austria-Hungary , imperial patent was also the highest form of generally binding legal regulations, e.g. Patent of Toleration , Serfdom Patent , etc. The opposite of letters patent are letters close ( Latin : litterae clausae ), which are personal in nature and sealed so that only

715-513: Is not to be confused with any physical crown , such as those of the British regalia . The term is also found in various expressions such as Crown land , which some countries refer to as public land or state land ; as well as in some offices, such as minister of the Crown , Crown attorney , and Crown prosecutor . The term the Crown does not have a single definition. Legal scholars Maurice Sunkin and Sebastian Payne opined, "the nature of

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780-494: Is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown. As such, the physical crown and the property belonging to successive monarchs in perpetuity came to be separated from the person of the monarch and his or her private property. After several centuries of the monarch personally exercising supreme legislative, executive, and judicial power, these functions decreased as parliaments, ministries, and courts grew through

845-403: Is therefore used in constitutional law to denote the collection of such of those powers as remain extant (the royal prerogative ), together with such other powers as have been expressly conferred by statute on "the Crown". Lord Diplock suggested the Crown means "the government [and] all of the ministers and parliamentary secretaries under whose direction the administrative work of the government

910-564: Is to act as the order from the Monarch authorising the establishment and powers of a Royal Commission or a Special Commission of Inquiry. This can be seen in jurisdictions such as Australia where Letters Patent are frequently issued in relation to new and ongoing Royal Commissions . The primary source of letters patent in the United States are intellectual property patents and land patents , though letters patent are issued for

975-621: The Common Informers Act 1951 ended the practice of allowing such suits by common informers. The term "Crown forces" has been used by Irish republicans and nationalists , including members of paramilitary groups, to refer to British security forces which operate in Ireland . The term was used by various iterations of the Irish Republican Army (IRA) during conflicts such as Irish War of Independence and

1040-536: The Copyright, Designs and Patents Act 1988 made an exception for 'any right or privilege of the Crown' not written in an act of parliament, thus preserving the rights of the Crown under the unwritten royal prerogative. In addition, use of images of the crowns for commercial purposes is specifically restricted in the UK (and in countries which are party to the Paris Convention ) under sections 4 and 99 of

1105-660: The United States Supreme Court to order James Madison to deliver their letters for appointments made under the previous administration. United States letters patent generally do not fit a specific form, except for the eschatocol , or formal ending: GIVEN under my hand, in [city] the [date] in the year of our Lord [year] and of the Independence of the United States the [years since July 4, 1776]. By [signature of public official issuing letter] The Crown The Crown broadly represents

1170-679: The state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies , overseas territories , provinces , or states ). The term can be used to refer to the office of the monarch or the monarchy as institutions; to the rule of law ; or to the functions of executive (the Crown- in-council ), legislative (the Crown-in- parliament ), and judicial (the Crown on

1235-421: The 13th century. The term the Crown then developed into a means by which to differentiate the monarch's official functions from his personal choices and actions. Even within mediaeval England, there was the doctrine of capacities separating the person of the king from his actions in the capacity of monarch. When the kingdom of England merged with those of Scotland and Ireland , the concept extended into

1300-919: The Bailiwick of Jersey belonging to the Crown in Right of Jersey and not to the Crown Estate of the United Kingdom. The Succession to the Crown (Jersey) Law 2013 defined the Crown, for the purposes of implementing the Perth Agreement in Jersey law, as the Crown in Right of the Bailiwick of Jersey . Legislation in the Isle of Man also defines the Crown in Right of the Isle of Man as being separate from

1365-541: The Canadian synod". Subsequently, Goodrich established the "Independent Catholic Church of Canada" which was legally renamed "Independent Anglican Church (Canada Synod)" in Supplementary Letters Patent in 1988. This church has merged with a series of other Anglican bodies in the United States over the past half-century. None of these arrangements lasted more than a few years, after each of which

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1430-590: The Commonwealth realms is a similar, but separate, legal concept. To distinguish the institution's role in one jurisdiction from its place in another, Commonwealth law employs the expression the Crown in Right of [place] ; for example, the Crown in Right of the United Kingdom, the Crown in Right of Canada, the Crown in Right of the Commonwealth of Australia, etc. Because both Canada and Australia are federations, there are also crowns in right of each Canadian province and each Australian state . When referring to

1495-534: The Crown is used to mostly mean the authority of government; its meaning changes in different contexts. In the context of people considering the claims and settlements related to the Treaty of Waitangi , professor of history Alan Ward defines the Crown as "the people of New Zealand—including Māori themselves—acted through elected parliament and government." In the Bailiwick of Guernsey , legislation refers to

1560-494: The Crown has been taken for granted, in part because it is fundamental and, in part, because many academics have no idea what the term the Crown amounts to". Nicholas Browne-Wilkinson theorised that the Crown is "an amorphous, abstract concept" and, thus, "impossible to define", while William Wade stated the Crown "means simply the Queen". Warren J. Newman described the Crown is "a useful and convenient means of conveying, in

1625-403: The Crown in Right of the Bailiwick of Guernsey or the Crown in Right of the Bailiwick and the law officers of the Crown of Guernsey submitted that, "the Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey" and that this comprises "the collective governmental and civic institutions, established by and under the authority of the monarch, for

1690-618: The Crown in Right of the United Kingdom. Following the Lords' decision in Ex parte Quark , 2005, it is held that the King, in exercising his authority over British Overseas Territories , does not act on the advice of the Cabinet of the United Kingdom , but, in his role as king of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. To comply with

1755-402: The Crown in multiple jurisdictions, wording is typically akin to "the Crown in right of [place], and all its other capacities". The powers of a realm's crown are exercised either by the monarch, personally, or by his or her representative on the advice of the appropriate local ministers , legislature, or judges, none of which may advise the Crown in any other realm. In New Zealand, the term

1820-497: The Crown's legal personality is usually regarded as a corporation sole , it can, at least for some purposes, be described as a corporation aggregate headed by the monarch. Frederic William Maitland argued the Crown is a corporation aggregate embracing the government and the "whole political community". J.G. Allen preferred to view the Crown as a corporation sole; one office occupied by a single person, enduring "through generations of incumbents and, historically, lends coherence to

1885-443: The Crown; usages such as, "for the Crown, Joe Bloggs argued", being common. The Crown can also be a plaintiff or defendant in civil actions to which the government of the Commonwealth realm in question is a party. Such crown proceedings are often subject to specific rules and limitations, such as the enforcement of judgments against the Crown. Qui tam lawsuits on behalf of the Crown were once common, but have been unusual since

1950-488: The European Union , where "Miller" is Gina Miller , a citizen. Until the end of the 20th century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller . Either form may be abbreviated R (Miller) v Secretary of State for Exiting the European Union . In Scotland , criminal prosecutions are undertaken by the lord advocate (or the relevant procurator fiscal ) in

2015-722: The IACCS is not to encourage members, either clergy or lay, of the Anglican Church of Canada to leave the Anglican Communion. The intention of the IACCS is to be available for those who, for whatever reasons, have already left the Anglican Church of Canada or any other church within the Anglican Communion. The church is in intercommunion with the Christian Catholic Church of Canada. Several small religious orders and chaplains are affiliated with

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2080-875: The IACCS returned to its earlier status. In 2006, the Anglican Independent Communion in the Americas, led by the Rt. Rev. John W. Gains of Georgetown, Delaware, merged with the IACCS to become the "Anglican Church, Province of North America, Inc." The union was dissolved in 2008. Bishop Gains and his parish later joined the IACCS as did Bishop Michael Fedechko , formerly Bishop Primus of the Reformed Episcopal Church of Canada, along with his parish in New Liskeard, Ontario. The IACCS describes itself as conservative, having retained

2145-597: The Independent Anglican Church (Canada Synod). Letters Patent Letters patent ( plural form for singular and plural ) are a type of legal instrument in the form of a published written order issued by a monarch , president or other head of state, generally granting an office, right, monopoly , title or status to a person or corporation . Letters patent can be used for the creation of corporations , government offices, to grant city status or coats of arms . Letters patent are issued for

2210-691: The Troubles . As noted by Irish republican Danny Morrison , "[t]he term 'security forces' suggests legitimacy , which is why republicans prefer terms like 'the Brits' or 'the Crown Forces', which undermines their authority." Due to the Irish War of Independence, "the phrase 'Crown Forces' came to represent something abhorrent in the Republican narrative". The Crown is represented by the image of

2275-631: The Tudor Crown design was standardised and continued in use until the reign of Elizabeth II in 1952 when a heraldic St Edward's Crown was restored. In 2022, Charles III opted for a modified Tudor Crown design. Crown copyright applies in perpetuity to depictions of the Royal Arms and any of its constituent parts under the royal prerogative , and The National Archives restricts rights to reproduce them. Although Crown Copyright usually expires 50 years after publication, Section 171(b) of

2340-400: The abbreviation R (i.e. the case name at trial would be R v Smith ; if the defendant appeals against the Crown, the case name would be Smith v The King ). In Western Australia and Tasmania , prosecutions will be brought in the name of the respective state instead of the Crown (e.g. The State of Western Australia v Smith ). Victorian trials in the original jurisdiction will be brought in

2405-569: The appointment of representatives of the Crown , such as governors and governors-general of Commonwealth realms , as well as appointing a Royal Commission . In the United Kingdom , they are also issued for the creation of peers of the realm . A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law ) granting exclusive rights in an invention or design. In this case, it

2470-528: The appropriate government minister as the party, instead. When a case is announced in court, the clerk or bailiff may refer to the Crown orally as our sovereign lord the king (or our sovereign lady the queen ). In reporting on court proceedings in New Zealand , news reports will refer to the prosecuting lawyer (often called a Crown prosecutor, as in Canada and the United Kingdom) as representing

2535-520: The bench) governance and the civil service . The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and is now rooted in the legal lexicon of all 15 Commonwealth realms, their various dependencies, and states in free association with them. It

2600-413: The body politic (which never dies). The Crown and the sovereign are "conceptually divisible but legally indivisible [...] The office cannot exist without the office-holder". The terms the state , the Crown , the Crown in Right of [jurisdiction] , His Majesty the King in Right of [jurisdiction] , and similar, are all synonymous and the monarch's legal personality is sometimes referred to simply as

2665-650: The contents back to the gentry in the shires through normal conversation and social intercourse. Today, for example, it is a convention for the British prime minister to announce that they have left a document they wish to enter the public domain "in the library of the House of Commons ", where it may be freely perused by all members of parliament . Letters patent are so named from the Latin verb patī , patior , to lie open, exposed, accessible. The originator's seal

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2730-408: The copyright for government publications ( Crown copyright ). This is all in his or her position as sovereign, not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her relevant ministers. The Crown also represents the legal embodiment of executive, legislative , and judicial governance. While

2795-421: The court's decision, the territorial governors now act on the advice of each territory's executive and the UK government can no longer disallow legislation passed by territorial legislatures. In criminal proceedings , the state is the prosecuting party; the case is usually designated (in case citation ) as R v [ defendant ] , where R can stand for either rex (if the current monarch is male) or regina (if

2860-490: The governance of these islands, including the states of Guernsey and legislatures in the other islands, the royal court and other courts, the lieutenant governor, parish authorities, and the Crown acting in and through the Privy Council". In the Bailiwick of Jersey , statements by the law officers of the Crown define the Crown's operation in that jurisdiction as the Crown in Right of Jersey , with all Crown land in

2925-420: The government, a case in judicial review is brought by the Crown against a minister of the Crown on the application of a claimant . The titles of these cases now follow the pattern of R (on the application of [X]) v [Y] , notated as R ([X]) v [Y] , for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting

2990-466: The legal lexicons of the United Kingdom and its dependencies and overseas territories and, eventually, all of the independent Commonwealth realms . There are, thus, now many distinct crowns, as a legal concept, "worn by"—or many different offices of monarch occupied by—one person as sovereign (supreme monarch) of each country. However, the Crown can also mean the pan-national institution shared by all 15 Commonwealth realms. In each Commonwealth realm,

3055-405: The monarch is female), and the v stands for versus . For example, a criminal case against Smith might be referred to as R v Smith and verbally read as "the Crown and Smith". The Crown is, in general, immune to prosecution and civil lawsuits . So, R is rarely (albeit sometimes ) seen on the right hand side of the 'v' in the first instance. To pursue a case against alleged unlawful activity by

3120-400: The name of the director of public prosecutions . The Commonwealth director of public prosecutions may choose which name to bring the proceeding in. Judges usually refer to the prosecuting party as simply "the prosecution" in the text of judgments. In civil cases where the Crown is a party, it is a customary to list the body politic (e.g. State of Queensland or Commonwealth of Australia ) or

3185-517: The name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for His/Her Majesty's Advocate , in place of rex or regina ; as in, HMA v Al Megrahi and Fahima . Most jurisdictions in Australia use R or The King (or The Queen ) in criminal cases. If the Crown is the respondent to an appeal, the words The King will be spelled out, instead of using

3250-497: The past forty years by Archbishop Goodrich. The library is available for students of St. Matthew’s Cathedral College and other students of religion. The IACCS is not in communion with any other independent Anglicans. It considers itself to be unilaterally in communion with any Anglican jurisdiction that has "a valid Apostolic Succession and maintains the Anglican Tradition of Common Prayer worship". The stated policy of

3315-431: The power of the monarch in right of each territory vary according to relevant laws, thus making the difference between full sovereignty, semi-sovereignty, dependency, etc. The Lords of Appeal wrote, "the Queen is as much the Queen of New South Wales and Mauritius and other territories acknowledging her as head of state as she is of England and Wales, Scotland, Northern Ireland, or the United Kingdom." The Crown in each of

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3380-413: The present day, with most of those to 1625 having been published. In the United Kingdom and other Commonwealth realms , letters patent are royal proclamations granting an office, right, title, or status to a person (and sometimes in regard to corporations and cities). Letters patent take the form of an open letter from the monarch to a subject, although this is a legal fiction and they are in fact

3445-477: The realm and crown of England, is only to assert that our king is equally sovereign and independent within these his dominions, as any emperor is in his empire; and owes no kind of subjection to any other potentate on earth." The concept of the Crown took form under the feudal system . Though not used this way in all countries that had this system, in England, all rights and privileges were ultimately bestowed by

3510-402: The recipient can read their contents. Letters patent are thus comparable to other kinds of open letter in that their audience is wide. It is not clear how the contents of letters patent became widely published before collection by the addressee, for example whether they were left after sealing by the king for inspection during a certain period by courtiers in a royal palace, who would disseminate

3575-580: The reign of Henry VIII in the Ecclesiastical Appeals Act 1532 which declared that 'this realm of England is an empire   ... governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same'. In William Blackstone 's 1765 Commentaries on the Laws of England , he explained that "the meaning therefore of the legislature, when it uses these terms of empire and imperial , and applies them to

3640-439: The relevant jurisdiction's name. (In countries using systems of government derived from Roman civil law , the state is the equivalent concept. ) However, the terms the sovereign or monarch and the Crown , though related, have different meanings: The Crown includes both the monarch and the government. The institution and powers of the Crown are formally vested in the king, but, conventionally , its functions are exercised in

3705-398: The ruler. Land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage : owners of land held as socage held it subject only to the crown. When such lands become ownerless, they are said to escheat ; i.e. return to direct ownership of the Crown ( Crown land ). Bona vacantia

3770-400: The seal or signature of the monarch. Parliament today tolerates only a very narrow exercise of the royal prerogative by issuance of letters patent, and such documents are issued with prior informal government approval, or indeed are now generated by government itself with the monarch's seal affixed as a mere formality. In their original form they were simply written instructions or orders from

3835-522: The sovereign's name by ministers of the Crown drawn from and responsible to the elected chamber of parliament . Still, the king or queen is the employer of all government officials and staff (including the viceroys , judges, members of the armed forces, police officers, and parliamentarians), the guardian of foster children ( Crown wards ), as well as the owner of all state lands ( Crown land ), buildings and equipment (Crown property), state-owned companies (Crown corporations or Crown entities ), and

3900-669: The sovereign, whose order was law, which were made public to reinforce their effect. For the sake of good governance, it is of little use if the sovereign appoints a person to a position of authority but does not at the same time inform those over whom such authority is to be exercised of the validity of the appointment. According to the United Kingdom Ministry of Justice , there are 92 different types of letters patent. The Patent Rolls are made up of office copies of English (and later United Kingdom) royal letters patent, which run in an almost unbroken series from 1201 to

3965-416: The term the Crown , at its broadest, now means the government or the polity known as the state , while the sovereign in all realms is the living embodiment of the state, or symbolic personification of the Crown. The body of the reigning sovereign thus holds two distinct personas in constant coexistence, an ancient theory of the "King's two bodies"—the body natural (subject to infirmity and death) and

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4030-600: The use of the historic Book of Common Prayer , the Book of Common Praise 1938 , and Anglican Chant for the Psalms and Canticles . The IACCS utilizes its own revision of the 1549 prayer book , the Book of Common Prayer Canada, 1991 . It requires that all clergy subscribe to the Thirty-Nine Articles of Religion . The church permits the ordination of both men and women as deacons, believing this to be consistent with

4095-489: The writings of St. Paul (Romans 16:1). The IACCS allows members to hold various views on the question of ordaining women to the priesthood; however, in practice ordination to priesthood and episcopate are reserved to men. Two service books have been published for use by IACCS congregations: the Book of Common Prayer, 1991 Canada , and The Psalter, Psalms and Canticles Pointed and Set to Anglican Chants , were both published in 1991. A companion Holy Week and Other Services book

4160-412: Was attached pendent from the document, so that it did not have to be broken in order for the document to be read. They are called "letters" (plural) from their Latin name litterae patentes , used by medieval and later scribes when the documents were written in Latin. This loanword preserves the collective plural "letters" ( litterae ) that the Latin language uses to denote a message as opposed to

4225-466: Was published by the church in fall 2000. An Anglican Book of Occasional Services was scheduled for publication early in 2012. The discipline and public worship of the church is described as ranging from Anglo-Catholic to (Low) Evangelical. Most congregations are said to be in between the two. The Diocesan Library houses approximately 4,000 volumes. This collection features books and information about virtually every religion, having been collected over

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