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8 - The principal ecclesiastical courts

from 3 - Appendixes

Published online by Cambridge University Press:  30 August 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

The following list is a guide to the principal ecclesiastical courts. The dates given are those during which they exercised ecclesiastical jurisdiction in England and/or Ireland, however theoretically in some cases. Courts said to have been established in 1072 are those which trace their origins to the ordinance of William I, traditionally said to have been given in that year, though in fact the courts concerned were probably not functioning on a regular basis for a century or more after that. For a fuller treatment, see the relevant section in the introduction.

Higher courts

Audience courts (from early times to 1 March 1965). Each archbishop possessed his own audience court, over which he presided in person. These courts were active until 1640, but they seem to have died out after that, although there is some evidence that the one in York may have been functioning into the eighteenth century. They were formally abolished on 1 March 1965.

Convocation (c. 1250 - 1 March 1965). Apparently designated for dealing with proven cases of heresy sent to the archbishop by a bishop of the province, but it is questionable whether it was ever used in this way. Any rights the convocations may have had to hear such cases lapsed in 1965.

Court of ecclesiastical causes reserved (since 1 March 1965). Established to hear all cases involving doctrine or ritual matters, on which it is now the final court of appeal.

Court of peculiars (from early times to 11 January 1858). This court was established to deal with the thirteen London parishes which belonged to the jurisdiction of the archbishop of Canterbury. From c. 1280 until 1666 it met in the church of St Mary-le-Bow, under the presidency of its dean, who was known as the dean of the arches (from the name of the church). From the early sixteenth century it was effectively merged with the provincial appeals court, which came to be known by the title of its lesser component.

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Publisher: Boydell & Brewer
Print publication year: 1998

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