Ecclesiastical Trial

In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Historically, they interpret or apply canon law. One of its primary bases was the of Justinian, which is also considered the source of the civil law legal tradition.

In the United Kingdom, secular courts that took over the functions of the ecclesiastic courts, e.g. in family law, are still known as ''courts ecclesiastical'' as distinct from ''courts temporal''.

Medieval courts

In the Middle Ages, ecclesiastical courts had much wider powers in many areas of Europe than they did after the development of nation states. They held jurisdiction over not only religious matters, but also family law, equitable relief, probate, and cases involving priests, religious communities, or public heretics.

Secular courts in medieval times were numerous and decentralized: each secular division (king, prince, duke, lord, abbot or bishop as landholder, manor, city, forest, market, etc.) could have their own courts, customary law, bailiffs and gaols with arbitrary and unrecorded procedures, including in Northern Europe trial by combat and trial by ordeal, and in England trial by jury.

Ecclesiastical courts generally followed the better regulated inquisition, accusation or denunciation judicial procedures. In medieval times, they had a very wide jurisdiction including family law and dowry disputes, probate, equity, defamation, failure to observe holy days, and cases involving priests and religious communities and individuals or public heretics.

Anglicanism

Church of England

In the Church of England, the ecclesiastical courts are a system of courts, held by authority of the Crown, who is ''ex officio'' the Supreme Governor of the Church of England. The courts have jurisdiction over matters dealing with the rights and obligations of church members, since the 19th century limited to controversies in areas of church property and ecclesiastical disciplinary proceedings. In England these courts, unlike common law courts, are based upon and operate along civil law procedures and Canon law-based jurisprudence.

The ecclesiastical courts formerly had jurisdiction over the personal estates of deceased persons to grant probate or administration. This jurisdiction of the Ecclesiastical Courts was transferred to the Court of Probate by the Court of Probate Act 1857.

Offences against ecclesiastical laws are dealt with differently based on whether the laws in question involve church doctrine. For non-doctrinal cases, the lowest level of the court is the ''Archdeaconry Court'', which is presided over by the local archdeacon. The next court in the hierarchy is the bishop's court, which is in the Diocese of Canterbury called the ''Commissary Court'' and in other dioceses the ''consistory court''. The Commissary Court is presided over by a commissary-general; a consistory Court is presided over by a chancellor. The chancellor or commissary-general must be thirty years old and either have a seven-year general qualification under the Courts and Legal Services Act 1990 section 71 or have held high judicial office.

Specialist courts in the Province of Canterbury are the Court of Faculties, the Court of Peculiars and the Court of the Vicar-General of the Province of Canterbury. In the northern province there is the Court of the Vicar-General of the Province of York.

The next court is the archbishop's court, which is in Canterbury called the ''Arches Court'', and in York the ''Chancery Court''. Each court includes five judges; one judge is common to both courts. The common judge is called the Dean of Arches in Canterbury and the Auditor in York; he or she is appointed jointly by both archbishops with the approval of the Crown, and must either hold a ten-year High Court qualification under the Courts and Legal Services Act 1990, s 71, or have held high judicial office. Two members of each court must be clergy appointed by the Prolocutor of the Lower House of the provincial convocation. Two further members of each court are appointed by the Chairman of the House of Laity of the General Synod; these must possess such legal qualifications as the Lord High Chancellor of Great Britain requires.

In cases involving church doctrine, ceremony or ritual, the aforementioned courts have no jurisdiction. Instead, the ''Court of Ecclesiastical Causes Reserved'' hears the case. The Court is composed of three diocesan bishops and two appellate judges; it has jurisdiction over both of the provinces of Canterbury and York. The Court, however, meets very rarely.

Appeal from the Arches Court and Chancery Court (in non-doctrinal cases) lies to the King-in-Council. In practice, the case is heard by the Judicial Committee of the Privy Council, which includes present and former Lords Chancellor, a number of Lords of Appeal and other high judicial officers. The King-in-Council does not have jurisdiction over doctrinal cases from the Court of Ecclesiastical Causes Reserved, which instead go to an ''ad hoc'' Commission of Review, composed of two diocesan bishops and three Lords of Appeal (who are also members of the Judicial Committee).

Commissions of Convocation are appointed by the Upper House of the Convocation of Canterbury or of York to try a bishop for an offence (except for an offence of doctrine). Both Convocations make the appointment if an archbishop is prosecuted. This would comprise four diocesan bishops and the Dean of the Arches.

The Ecclesiastical Courts Acts 1787 to 1860 is the collective title of the following Acts:
*The Ecclesiastical Suits Act 1787 ( 27 Geo. 3. c. 44) – repealed by Statute Law Revision Act 1948,
*The Ecclesiastical Courts Act 1813