The Court of Ecclesiastical Causes Reserved is an appellate court within the hierarchy of ecclesiastical courts of the Church of England. Hearing cases involving church doctrine, ceremony, or ritual, the court has jurisdiction over both the Province of Canterbury and the Province of York. Appeals from the court are heard in a Commission of Review. [1]
The Court of Ecclesiastical Causes Reserved was created in 1963 with appellate jurisdiction in matters of doctrine, ritual or ceremonial.
Complaints against priests or deacons may be vetoed by their bishop and those against a bishop by the appropriate archbishop. Before a case is heard, a preliminary enquiry by a committee decides whether there is a case to answer. In the case of a priest or deacon, the Committee of Inquiry consists of the diocesan bishop, two members of the Lower House of Convocation of the province, and two diocesan chancellors. There are other provisions where the accused is a bishop.
If the committee allows the case to proceed, the Upper House of Convocation appoints a complainant against the accused in the Court for Ecclesiastical Causes Reserved, where the procedure resembles that of an assize court exercising jurisdiction but without a jury. However, the court sits with five advisers chosen from panels of theologians or liturgiologists.
As of 2012, the court has sat in only two cases: [2]
The first case dealt with the introduction of an icon and candlestick into a church without a faculty (exemption from the usual practice) being granted beforehand. The second case allowed the use of a marble sculpture by Henry Moore as an altar table. [5]
The court's five judges are appointed by the Sovereign. Two must be judges (or have held high judicial office), and must also be communicant members of the Church of England; the remaining three must be (or have been) diocesan bishops.
In criminal cases there must be not be fewer than three nor more than five advisers, who are selected by the Dean of the Arches and Auditor from a panel of eminent theologians and liturgiologists.
The following were appointed to the court by royal warrant under the royal sign manual for a five-year term beginning on 1 December 2021: [6]
Name | Position (at time of appointment) | Began | Re-appointed | References |
---|---|---|---|---|
Sir Anthony John Leslie Lloyd | 23 October 1984 | |||
Sir Hugh Harry Valentine Forbes | 23 October 1984 | |||
Richard Harries | 23 October 1984 | |||
Richard David Say | 23 October 1984 | |||
Kenneth John Woollcombe | Former Lord Bishop of Oxford | 23 October 1984 | ||
Sir Ralph Brian Gibson | 10 June 1986 | 1 February 1992 | [7] [8] | |
Eric Waldram Kemp | Lord Bishop of Chichester | 23 October 1984 | 1 February 1992 | [8] |
Sir Anthony John Leslie Lloyd | 1 February 1992 | [8] | ||
Archibald Ronald McDonald Gordon | Lord Bishop of Portsmouth | 1 February 1992 | [8] | |
Andrew Alexander Kenny Graham | Lord Bishop of Newcastle | 1 February 1992 | [8] | |
The Baroness Butler-Sloss | Former President of the Family Division | 1 July 2006 | [9] | |
The Lord Harries of Pentregarth | Former Lord Bishop of Oxford | 1 July 2006 | [9] | |
Sir John Frank Mummery | Lord Justice of Appeal | 1 July 2006 | [9] | |
The Lord Hope of Thornes | Former Archbishop of York | 1 July 2006 | [9] | |
Nicholas Thomas Wright | Lord Bishop of Durham | 1 July 2006 | [9] | |
Christopher John Cocksworth | Lord Bishop of Coventry | 1 July 2015 | [6] | |
Sir Christopher Simon Courtenay Stephenson Clarke | Justice of the High Court of Justice | 1 July 2015 | [6] | |
Lord Hughes of Ombersley | Justice of the Supreme Court | 1 July 2015 | [6] | |
David Stuart Walker | Lord Bishop of Manchester | 1 July 2015 | [6] | |
Martin Clive Warner | Lord Bishop of Chichester | 1 July 2015 | [6] |
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the Corpus Juris Civilis of Justinian, which is considered the source of the civil law legal tradition.
Defrocking, unfrocking, degradation, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned.
A consistory court is a type of ecclesiastical court, especially within the Church of England where they were originally established pursuant to a charter of King William the Conqueror, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter jurisdiction. Each diocese in the Church of England has a consistory court.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.
The Arches Court or Court of Arches, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court.
The hierarchy of the Catholic Church consists of its bishops, priests, and deacons. In the ecclesiological sense of the term, "hierarchy" strictly means the "holy ordering" of the church, the Body of Christ, so to respect the diversity of gifts and ministries necessary for genuine unity.
The Diocese of Baton Rouge, is a Latin Church ecclesiastical territory or diocese in the Florida Parishes region of the U.S. state of Louisiana. It is a suffragan in the ecclesiastical province of the Metropolitan Archdiocese of New Orleans. The current bishop is Michael Duca.
George Cornelius Gorham (1787–1857) was a priest in the Church of England. His legal recourse to being denied a certain post, decided subsequently by a secular court, caused great controversy.
Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.
A Commission of Review is an ad hoc court of the Church of England.
In Coena Domini was a recurrent papal bull between 1363 and 1770, so called from its opening words, formerly issued annually on Holy Thursday, or later on Easter Monday.
The Anglican ministry is both the leadership and agency of Christian service in the Anglican Communion. Ministry commonly refers to the office of ordained clergy: the threefold order of bishops, priests and deacons. More accurately, Anglican ministry includes many laypeople who devote themselves to the ministry of the church, either individually or in lower/assisting offices such as lector, acolyte, sub-deacon, Eucharistic minister, cantor, musicians, parish secretary or assistant, warden, vestry member, etc. Ultimately, all baptized members of the church are considered to partake in the ministry of the Body of Christ.
Within the Catholic Church, an ecclesiastical judge is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. The judge presides over all baptized persons within their jurisdiction.
In the Roman Catholic Church, a judicial vicar or episcopal official is an officer of the diocese who has ordinary power to judge cases in the diocesan ecclesiastical court. Although the diocesan bishop can reserve certain cases to himself, the judicial vicar and the diocesan bishop are a single tribunal, which means that decisions of the judicial vicar cannot be appealed to the diocesan bishop but must instead be appealed to the appellate tribunal. The judicial vicar ought to be someone other than the vicar general, unless the smallness of the diocese or the limited number of cases suggest otherwise. Other judges, who may be priests, deacons, religious brothers or sisters or nuns, or laypersons, and who must have knowledge of canon law and be Catholics in good standing, assist the judicial vicar either by deciding cases on a single judge basis or by forming with him a panel over which he or one of them presides. A judicial vicar may also be assisted by adjutant judicial vicars. The judicial vicar is assisted by at least one, if not more, individuals with the title defender of the bond; they are normally priests, but do not have to be. On staff will also be notaries and secretaries, who may be priests, religious brothers or sisters or nuns, or laypersons.
In the Catholic Church, a bishop is an ordained minister who holds the fullness of the sacrament of holy orders and is responsible for teaching doctrine, governing Catholics in his jurisdiction, sanctifying the world and representing the Church. Catholics trace the origins of the office of bishop to the apostles, who it is believed were endowed with a special charism and office by the Holy Spirit at Pentecost. Catholics believe this special charism and office has been transmitted through an unbroken succession of bishops by the laying on of hands in the sacrament of holy orders.
Kenneth John Woollcombe was an Anglican academic who was Bishop of Oxford in the middle part of his career, from 1971 to 1978.
The House of Clergy is the middle house in the tricameral Church of England General Synod legislature. It consists of representatives of the ordained clergy of the Church of England.
This is a glossary of terms used within the Catholic Church. Some terms used in everyday English have a different meaning in the context of the Catholic faith, including brother, confession, confirmation, exemption, faithful, father, ordinary, religious, sister, venerable, and vow.
Catholic laity are the ordinary members of the Catholic Church who are neither clergy nor recipients of Holy Orders or vowed to life in a religious order or congregation. Their mission, according to the Second Vatican Council, is to "sanctify the world".