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.
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: [1]
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. [4]
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: [5]
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 | [6] [7] | |
Eric Waldram Kemp | Lord Bishop of Chichester | 23 October 1984 | 1 February 1992 | [7] |
Sir Anthony John Leslie Lloyd | 1 February 1992 | [7] | ||
Archibald Ronald McDonald Gordon | Lord Bishop of Portsmouth | 1 February 1992 | [7] | |
Andrew Alexander Kenny Graham | Lord Bishop of Newcastle | 1 February 1992 | [7] | |
The Baroness Butler-Sloss | Former President of the Family Division | 1 July 2006 | [8] | |
The Lord Harries of Pentregarth | Former Lord Bishop of Oxford | 1 July 2006 | [8] | |
Sir John Frank Mummery | Lord Justice of Appeal | 1 July 2006 | [8] | |
The Lord Hope of Thornes | Former Archbishop of York | 1 July 2006 | [8] | |
Nicholas Thomas Wright | Lord Bishop of Durham | 1 July 2006 | [8] | |
Christopher John Cocksworth | Lord Bishop of Coventry | 1 July 2015 | [5] | |
Sir Christopher Simon Courtenay Stephenson Clarke | Justice of the High Court of Justice | 1 July 2015 | [5] | |
Lord Hughes of Ombersley | Justice of the Supreme Court | 1 July 2015 | [5] | |
David Stuart Walker | Lord Bishop of Manchester | 1 July 2015 | [5] | |
Martin Clive Warner | Lord Bishop of Chichester | 1 July 2015 | [5] |
In church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop.
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.
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis.
An ecclesiastical province is one of the basic forms of jurisdiction in Christian Churches with traditional hierarchical structure, including Western Christianity and Eastern Christianity. In general, an ecclesiastical province consists of several dioceses, one of them being the archdiocese, headed by a metropolitan bishop or archbishop who has ecclesiastical jurisdiction over all other bishops of the province.
The Arches Court, 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.
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.
Chancellor is an ecclesiastical title used by several quite distinct officials of some Christian churches.
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.
Incardination is the formal term in the Catholic Church for a clergyman being under a bishop or other ecclesiastical superior. It is also sometimes used to refer to laity who may transfer to another part of the church. Examples include transfers from the Western Latin Church to an Eastern Catholic Church or from a territorial diocese to one of the three personal ordinariates for former Anglicans.
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.
The Convocations of Canterbury and York are the synodical assemblies of the bishops and clergy of each of the two provinces which comprise the Church of England. Their origins go back to the ecclesiastical reorganisation carried out under Archbishop Theodore of Canterbury (668–90) and the establishment of a separate northern province in 733. Until 1225 the synods were composed entirely of bishops, but during the thirteenth century more and more clergy were cited until by 1283 the membership was established as the bishops, deans, archdeacons and abbots of each province together with one proctor (representative) from each cathedral chapter and two proctors elected by the clergy of each diocese. The main purpose of the convocations was to take counsel for the well-being of the church and to approve canonical legislation, but in practice much time was spent in discussing the amount of tax to be paid to the Crown since the clergy were a separate estate of the realm and refused to be taxed in or through Parliament. Before the end of the nineteenth century, the Convocation of Canterbury, which was numerically very much larger, played the major role and the activity of the Convocation of York was often little more than giving formal approval to the decisions taken by the southern province.
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.
The Holy Synod of the Coptic Orthodox Church of Alexandria is the highest Orthodox authority in the Coptic Orthodox Church. It formulates the rules and regulations regarding matters of the Church's organisation and faith.
Kenneth John Woollcombe was an Anglican academic who was Bishop of Oxford in the middle part of his career, from 1971 to 1978.
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".