Ecclesiastical court

An ecclesiastical court (also called "Court Christian") is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the middle ages in many areas of Europe these courts had much wider powers than before the development of nation states as they were experts in interpreting canon law the basis of which was the Corpus Juris Civilis of Justinian which is considered the source of the civil law legal tradition.

Church of England

In the Church of England, the Ecclesiastical Courts are a system of courts, held by authority of the Crown, whose holder is the Supreme Governor of the Church. The courts have jurisdiction over matters dealing with the rights and obligations of church members, now limited to controversies in areas of church property and ecclesiastical disciplinary proceedings. In England these courts, unlike common law courts, are based upon and operate along civil law procedures and canon law-based jurisprudence.

Related Topics:
Church of England - Crown - Civil law - Canon law

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Offences against ecclesiastical laws are dealt with differently based on whether the laws in question involve church doctrine. For non-doctrinal cases, the lowest level of the court is the Archdeaconry Court, which is presided over by the local Archdeacon. The next court in the hierarchy is the Bishop's Court, which is in the archdiocese of Canterbury called the Commissiary Court and in other dioceses the Consistory Court. The Commissiary Court is presided over by a commissiary-general; a Consistory Court is presided over by a chancellor. The chancellor or commissiary-general must be thirty years old and either have been legally qualified for seven years or have held high judicial office.

Related Topics:
Archdeaconry Court - Commissiary Court - Consistory Court

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The next court is the Archbishop's Court, which is in Canterbury called the Arches Court, and in York the Chancery Court. Each court includes five judges; one judge is common to both courts. The common judge is called the Dean of Arches in Canterbury and the Auditor in York; he is appointed jointly by both Archbishops with the approval of the Crown, and must either have been legally qualified for seven years or have held high judicial office. Two members of each court must be clergymen appointed by the Prolocutor of the Lower House of the provincial Convocation.{{an|convocation}} Two further members of each court are appointed by the Chairman of the House of Laity of the General Synod;{{an|synod}} these must possess such legal qualifications as the Lord High Chancellor of Great Britain requires.

Related Topics:
Arches Court - Chancery Court - Dean of Arches - Lord High Chancellor of Great Britain

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In cases involving church doctrine, ceremony or ritual, the aforementioned courts have no jurisdiction. Instead, the Court of Ecclesiastical Causes Reserved hears the case. The Court is composed of three diocesan bishops and two appellate judges; it has jurisdiction over both of the provinces of Canterbury and York. The Court, however, meets very rarely.

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Appeal from the Arches Court and Chancery Court (in non-doctrinal cases) lies to the Queen-in-Council. In practice, the case is heard by the Judicial Committee of the Privy Council, which includes present and former Lord Chancellors, a number of Lords of Appeal and other high judicial officers. The Queen-in-Council does not have jurisdiction over doctrinal cases from the Court of Ecclesiastical Causes Reserved, which instead go to an ad hoc Commission of Review, composed of two diocesan Bishops and three Lords of Appeal (who are also members of the Judicial Committee).

Related Topics:
Queen-in-Council - Judicial Committee of the Privy Council - Lords of Appeal

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