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Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
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".
Thomas Cromwell, 1st Earl of Essex, was an English lawyer and statesman who served as chief minister to King Henry VIII from 1532 to 1540, when he was beheaded on orders of the king.
In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.
John Peckham was Archbishop of Canterbury in the years 1279–1292. He was a native of Sussex who was educated at Lewes Priory and became a Friar Minor about 1250. He studied at the University of Paris under Bonaventure, where he would later teach theology. From his teaching, he came into conflict with Thomas Aquinas, with whom he debated on two occasions. Known as a conservative theologian, he opposed Aquinas' views on the nature of the soul. Peckham also studied optics and astronomy, and his studies in those subjects were particularly influenced by Roger Bacon and Alhazen.
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.
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. Various reforms limited the scope of this legal arrangement to prevent its abuse, including branding of a thumb upon a first use, to limit number of invocations for some. Eventually the benefit of clergy evolved into a legal fiction in which first-time offenders could receive lesser sentences for some crimes. The legal mechanism was abolished in 1827 with the passage of the Criminal Law Act 1827.
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, 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. The term defrocking implies forced laicization for misconduct, while laicization is a neutral term, applicable also when clergy have requested to be released from their ordination vows.
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.
Proctor is a person who takes charge of, or acts for, another.
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.
The Public Worship Regulation Act 1874 was an Act of British Parliament, introduced as a Private Member's Bill by Archbishop of Canterbury Archibald Campbell Tait, to limit what he perceived as the growing ritualism of Anglo-Catholicism and the Oxford Movement within the Church of England. The bill was strongly endorsed by Prime Minister Benjamin Disraeli, and vigorously opposed by Liberal party leader William Ewart Gladstone. Queen Victoria strongly supported it. The law was seldom enforced, but at least five clergymen were imprisoned by judges for contempt of court, which greatly embarrassed the Church of England archbishops who had vigorously promoted it.
Oswald of Worcester was Archbishop of York from 972 to his death in 992. He was of Danish ancestry, but brought up by his uncle, Oda, who sent him to France to the abbey of Fleury to become a monk. After a number of years at Fleury, Oswald returned to England at the request of his uncle, who died before Oswald returned. With his uncle's death, Oswald needed a patron and turned to another kinsman, Oskytel, who had recently become Archbishop of York. His activity for Oskytel attracted the notice of Archbishop Dunstan who had Oswald consecrated as Bishop of Worcester in 961. In 972, Oswald was promoted to the see of York, although he continued to hold Worcester also.
Ecclesiastical polity is the operational and governance structure of a church or of a Christian denomination. It also denotes the ministerial structure of a church and the authority relationships between churches. Polity relates closely to ecclesiology, the study of doctrine and theology relating to church organization.
The Vicar General of the Diocese of Sodor and Man is an ecclesiastical law officer appointed by the Bishop of Sodor and Man.
Hilary (c. 1110–1169) was a medieval Bishop of Chichester in England. English by birth, he studied canon law and worked in Rome as a papal clerk. During his time there, he became acquainted with a number of ecclesiastics, including the future Pope Adrian IV, and the writer John of Salisbury. In England, he served as a clerk for Henry of Blois, who was the Bishop of Winchester and brother of King Stephen of England. After Hilary's unsuccessful nomination to become Archbishop of York, Pope Eugene III compensated him by promoting him to the bishopric of Chichester in 1147.
In English law and the canon law of the Church of England, a rebuke is a censure on a member of the clergy. It is the least severe censure available against clergy of the Church of England, less severe than a monition. A rebuke can be given in person by a bishop or by an ecclesiastical court.
The Ecclesiastical Jurisdiction Measure 1963 was introduced to simplify ecclesiastical law as it applied to the Church of England, following the recommendations of the 1954 Archbishops' Commission on Ecclesiastical Courts. Superseding the Ecclesiastical Jurisdiction Act 1677, other Acts of Parliament it repealed included the Church Discipline Act 1840, the Public Worship Regulation Act 1874, the Clergy Discipline Act 1892, and the Incumbents (Discipline) Measure 1947.
Inhibition, 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.
References
- ↑ Ecclesiastical Jurisdiction Measure 1963, art.49(1)(d)
- 1 2 3 Doe, N. (1996). The Legal Framework of the Church of England: A Critical Study in a Comparative Context. Oxford: Oxford University Press. pp. 216–217. ISBN 0-19-826220-5. (Google Books)
- ↑ art.54
- ↑ Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica . 18 (11th ed.). Cambridge University Press. p. 722.
- ↑ Yates, N. (1999). Anglican Ritualism in Victorian Britain, 1830-1910. Oxford: Oxford University Press. pp. 251–275. ISBN 0-19-826989-7. (Google Books)