Inhibition (from Latin inhibere, to restrain, prevent), as an English legal term, particularly used in ecclesiastical law, is an act of restraint or prohibition, for a writ from a superior to an inferior court, suspending proceedings in a case under appeal, also for the suspension of a jurisdiction of a bishop's court on the visitation of an archbishop, and for that of an archdeacon on the visitation of a bishop. It is more particularly applied to a form of ecclesiastical censure, suspending an offending clergyman from the performance of any religious service, or other spiritual duty, for the purpose of enforcing obedience to a monition or order of the bishop or judge. Such inhibitions are at the discretion of the ordinary if he considers that scandal might arise from the performance of spiritual duties by the offender (Church Discipline Act 1860,[ which? ] re-enacted by section 10 of the Clergy Discipline Act 1892 (55 & 56 Vict. c. 32)).
By section 5 of the Sequestration Act 1871 (34 & 35 Vict. c. 45), similar powers of inhibition are given where a sequestration remains in force for more than six months, and also, by the Benefices Act 1898 (61 & 62 Vict. c. 48), in cases where a commission reports that the ecclesiastical duties of a benefice are inadequately performed through the negligence of the incumbent.
In modern times, "inhibit(ion)" is a Philippine English variant of recusal or recuse in other English varieties. [1]
Simony is the act of selling church offices and roles or sacred things. It is named after Simon Magus, who is described in the Acts of the Apostles as having offered two disciples of Jesus payment in exchange for their empowering him to impart the power of the Holy Spirit to anyone on whom he would place his hands. The term extends to other forms of trafficking for money in "spiritual things".
In English history, praemunire or praemunire facias refers to a 14th-century law that prohibited the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the supremacy of the monarch. This law was enforced by the writ of praemunire facias, a writ of summons from which the law takes its name.
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 benefice or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term beneficium as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria, such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allod, in that an allod is property owned outright, not bestowed by a higher authority.
A vestry was a committee for the local secular and ecclesiastical government of a parish in England, Wales and some English colonies, which originally met in the vestry or sacristy of the parish church, and consequently became known colloquially as the "vestry". At their height, the vestries were the only form of local government in many places and spent nearly one-fifth of the budget of the British government. They were stripped of their secular functions in 1894 and were abolished in 1921.
In canon law, commenda was a form of transferring an ecclesiastical benefice in trust to the custody of a patron. The phrase in commendam was originally applied to the provisional occupation of an ecclesiastical benefice, which was temporarily without an actual occupant, in contrast to the conferral of a title, in titulum, which was applied to the regular and unconditional occupation of a benefice.
The parson's freehold refers to a system within the Church of England in which the rector or vicar of a parish holds title to benefice property, such as the church, churchyard or parsonage, the ownership passing to his successor. This system is to be phased out, under the Ecclesiastical Offices Measure.
Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.
The Ecclesiastical Commissioners were, in England and Wales, a body corporate, whose full title was Ecclesiastical and Church Estates Commissioners for England. The commissioners were authorised to determine the distribution of revenues of the Church of England, and they made extensive changes in how revenues were distributed. The modern successor body thereof are the Church Commissioners.
A deanery is an ecclesiastical entity in the Roman Catholic Church, the Eastern Orthodox Church, the Anglican Communion, the Evangelical Church in Germany, and the Church of Norway. A deanery is either the jurisdiction or residence of a dean.
In English ecclesiastical law, the term incumbent refers to the holder of a Church of England parochial charge or benefice. The term "benefice" originally denoted a grant of land for life in return for services. In church law, the duties were spiritual ("spiritualities") and some form of assets to generate revenue were permanently linked to the duties to ensure the support of the office holder. Historically, once in possession of the benefice, the holder had lifelong tenure unless he failed to provide the required minimum of spiritual services or committed a moral offence. With the passing of the "Pastoral Measure 1968" and subsequent legislation, this no longer applies, and many ancient benefices have been joined into a single new one.
The right of patronage in Roman Catholic canon law is a set of rights and obligations of someone, known as the patron in connection with a gift of land (benefice). It is a grant made by the church out of gratitude towards a benefactor.
Perpetual curate was a class of resident parish priest or incumbent curate within the United Church of England and Ireland. The term is found in common use mainly during the first half of the 19th century. The legal status of perpetual curate originated as an administrative anomaly in the 16th century. Unlike ancient rectories and vicarages, perpetual curacies were supported by a cash stipend, usually maintained by an endowment fund, and had no ancient right to income from tithe or glebe.
"Appeal as from an abuse" is a legal term applied in the canon law of the Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could also mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.
The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged with the High Court and abolished in 1972.
The parish with its parish church(es) is the basic territorial unit of the Church of England. The parish has its roots in the Roman Catholic Church and survived the English Reformation largely untouched. Each is within one of 42 dioceses: divided between the thirty of the Province of Canterbury and the twelve of that of York. There are around 12,500 Church of England parishes. Historically, in England and Wales, the parish was the principal unit of local administration for both church and civil purposes; that changed in the 19th century when separate civil parishes were established. Many Church of England parishes still align, fully or in part, with civil parishes boundaries.