HOME

TheInfoList



OR:

An ecclesiastical court, also called court Christian or court spiritual, is any of certain
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
s having
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
mainly in spiritual or religious matters. In the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
, these courts had much wider powers in many areas of Europe than before the development of
nation state A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may ...
s. They were experts in interpreting
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
, a basis of which was the ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperors, Byzantine Emperor. It is also ...
'' of
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renova ...
, which is considered the source of the civil law legal tradition.


Catholic Church

The tribunals of the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
are governed by the
1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current com ...
in the case of the Western Church (
Latin Church , native_name_lang = la , image = San Giovanni in Laterano - Rome.jpg , imagewidth = 250px , alt = Façade of the Archbasilica of St. John in Lateran , caption = Archbasilica of Saint Jo ...
), and the Code of Canons of the Eastern Churches in the case of the
Eastern Catholic Churches The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of ...
(Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990.


First instance

Cases normally originate in the tribunal of the particular church (i.e. the
diocese In church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided provinces were administratively associ ...
or eparchy) of the parties to the case. This tribunal in canon law is called the ''tribunal of first instance''. The bishop of the church possesses the power to judge for his church; however, since the bishop has many different duties in his diocese, most cases are handled by
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s whom he appoints, led by a priest known as the
judicial vicar In the Roman Catholic Church, a judicial vicar or episcopal official ( la, links=no, officialis) is an officer of the diocese who has ordinary power to judge cases in the diocesan ecclesiastical court. Although the diocesan bishop can reserv ...
or '' officialis''. A single judge can handle normal contentious and penal cases. A college of at least three judges, however, must try cases involving an excommunication, the dismissal of a cleric, or the annulment of the bond of marriage or of sacred ordination (can. 1425 §1). The bishop can assign up to five judges to a case that is very difficult or important (can. 1425 §2). Otherwise, the judicial vicar assigns cases to the judges and, in those cases which require three or more judges, presides over the panel or assigns one of his assistant judicial vicars to preside, if there are any. The judicial vicar and the assistant judicial vicars must be
priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in partic ...
s with
doctorate A doctorate (from Latin ''docere'', "to teach"), doctor's degree (from Latin ''doctor'', "teacher"), or doctoral degree is an academic degree awarded by universities and some other educational institutions, derived from the ancient formalism ''l ...
s or at least licentiates in
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
. The other judges need only be clerics with licentiates, but the episcopal conference can permit members of the
laity In religious organizations, the laity () consists of all members who are not part of the clergy, usually including any non- ordained members of religious orders, e.g. a nun or a lay brother. In both religious and wider secular usage, a lay ...
with the same academic qualifications to serve as judges on a panel. There are other officers of the tribunal. The promoter of justice, for instance, is a canon lawyer whose job is to represent the diocese as the prosecutor in penal cases and who also can intervene in contentious cases if they concern the "public good", acting as a watch dog for the people of the diocese. Another important officer is the defender of the bond, another canon lawyer whose job is to present reasons to the tribunal why a
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
is valid in cases of alleged nullity and why an
ordination Ordination is the process by which individuals are consecrated, that is, set apart and elevated from the laity class to the clergy, who are thus then authorized (usually by the denominational hierarchy composed of other clergy) to perform ...
is valid in the rare cases of alleged nullity of Holy Orders. The tribunal also has notaries who swear in witnesses and commit their testimony to writing. Parties in a case have the right to appoint an advocate who can argue for them at the tribunal. If a person cannot afford an advocate, the tribunal can assign one to them free of charge. Unlike courts of
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
tradition, ecclesiastical tribunals do not follow the adversarial system. Based on the same Roman civil law that is behind much European law, the procedure of a canonical court is more akin to the inquisitorial system, with the judges leading the investigation. As a general rule, the defendant has the favorable presumption of law, which means that the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner's case (can. 1608). This presumption also applies in penal cases (can. 1728). There are few exceptions to this rule; in those cases, the burden shifts to the defendant. Some matters cannot be introduced at the diocesan level and can only be introduced before the following: * Appellate tribunal for the diocese: cases against the diocese itself or an institution represented by the diocesan bishop * Roman Rota: cases against the heads of religious orders, cases against dioceses or church institutions that are immediately subject to the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...
, and non-penal cases against bishops * The
Pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
himself: any case where a
cardinal Cardinal or The Cardinal may refer to: Animals * Cardinal (bird) or Cardinalidae, a family of North and South American birds **'' Cardinalis'', genus of cardinal in the family Cardinalidae **'' Cardinalis cardinalis'', or northern cardinal, t ...
, Eastern rite
patriarch The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Catholic Church (above major archbishop and primate), the Hussite Church, Church of the East, and some Independent Catholic Churches are termed patriarchs (and in c ...
,
papal legate 300px, A woodcut showing Henry II of England greeting the pope's legate. A papal legate or apostolic legate (from the ancient Roman title '' legatus'') is a personal representative of the pope to foreign nations, or to some part of the Catholic ...
, or
head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
is a defendant and any penal case involving a
bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...
.


Appeal

The appellate tribunal is known as the ''tribunal of second instance''. Normally the second instance tribunal is the tribunal of the
metropolitan bishop In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan (alternative obsolete form: metropolite), pertains to the diocesan bishop or archbishop of a metropolis. Originally, the term referred to the ...
. In the case where the appeal is from a first instance decision of the metropolitan's own tribunal, the appeal is taken to a court which the metropolitan designated with approval of the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...
, usually another nearby metropolitan, thus ensuring that appeals from one diocese are never heard by the same diocese. As an example, a case in the Diocese of Springfield, Massachusetts, would be appealed to the tribunal of the
Archdiocese of Boston The Archdiocese of Boston ( la, Archidiœcesis Bostoniensis) is a Latin Church ecclesiastical territory or archdiocese of the Catholic Church located in the New England region of the United States. Its territorial remit encompasses the whole of ...
, but a case originating in the Archdiocese of Boston would be appealed to the tribunal of the Archdiocese of New York, by agreement between the archbishops of New York and Boston. Some cases are automatically appealed (for instance, when a marriage is found to be null). The appealing party does not need to appeal to the metropolitan; the party can instead appeal to the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...
, in which case the Roman Rota would hear the case in the second instance. If the case was before the Rota in the first instance, then a different panel of the Rota hears it in the second instance. With the exception of cases regarding personal status, if the first instance and second instance tribunals agree on the result of the case, then the case becomes ''
res judicata ''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final jud ...
'' and there is no further appeal. If they disagree, then the case can be appealed to the Roman Rota, which serves as the ''tribunal of third instance''. The Rota is a court of fifteen judges called ''auditors'' who take cases in panels of three and serve as the final arbiters of most cases. There is no appeal from a court case that the
Pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
has decided personally.


Other tribunals

The Roman Curia has two other tribunals which either deal with specialized cases or which do not deal with cases at all. The first is the
Apostolic Signatura The Supreme Tribunal of the Apostolic Signatura () is the highest judicial authority in the Catholic Church (apart from the pope himself, who as supreme ecclesiastical judge is the final point of appeal for any ecclesiastical judgment). In additio ...
, a panel of five
cardinal Cardinal or The Cardinal may refer to: Animals * Cardinal (bird) or Cardinalidae, a family of North and South American birds **'' Cardinalis'', genus of cardinal in the family Cardinalidae **'' Cardinalis cardinalis'', or northern cardinal, t ...
s which serves as the highest court in the Roman Catholic Church. Normal cases rarely reach the Signatura, the exception being if a party appeals to the Pope and he assigns the case to them or if the Pope on his own initiative pulls a case from another court and gives it to them. The court mainly handles cases regarding the use of administrative power, including penal cases which were decided using executive instead of judicial power, which is the usual case. It also handles disputes between dicasteries and other tribunals over jurisdiction, complaints that a Rotal decision is null and should be retried, and matters regarding advocates and inter-diocesan tribunals. There is normally no right of appeal from the decision of the Apostolic Signatura (can. 1629 #1); however, laypersons and clerics have, on rare occasions, convinced the Pope to hear their case afterwards. This is usually reserved for cases where they are facing
excommunication Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
or some other form of severe censure, such as the loss of the right to teach
theology Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing th ...
or to administer the
sacraments A sacrament is a Christian rite that is recognized as being particularly important and significant. There are various views on the existence and meaning of such rites. Many Christians consider the sacraments to be a visible symbol of the rea ...
. A theologian and priest, who faced censure, got
Pope John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
to hear his case and even asked the Pope to alter his own decision, though the Pope did not reverse the ruling in either case. The other tribunal is the Apostolic Penitentiary. This tribunal has no jurisdiction in what is known as "the external forum", meaning cases and events which are publicly known, only matters of the "internal forum", which involve entirely confidential and secret matters, including (but not limited to) what is confessed in the Sacrament of Penance. It primarily deals with cases that arise only within the confessional and which by their nature are private, confidential or whose facts are secret. Such cases are normally brought before the court by a person's confessor, who writes up the relevant facts of the cases, but only what is absolutely necessary, using standardized Latin pseudonyms. The confidentiality of the person, and the priest's absolute obligation to preserve the secrecy of the Sacrament of Penance, are still in force in such cases. This court, under the authority of the Cardinal Major Penitentiary, who acts in the Pope's name, answers the confessor and empowers him to impose a penance and lift a penalty. For instance, the act of desecrating the
Eucharist The Eucharist (; from Greek , , ), also known as Holy Communion and the Lord's Supper, is a Christian rite that is considered a sacrament in most churches, and as an ordinance in others. According to the New Testament, the rite was institu ...
is one which incurs an automatic excommunication for the person who so acts (an excommunication from the moment of the act, which no court need actually meet to impose), and the power to lift this excommunication is reserved by the Pope to himself. Should this person then approach a priest in confession, repentant, and explain his act and the fact that he acted in secret, the confessor would write to the tribunal laying out the simplest outline of facts, keeping the person's identity secret, and would most likely be empowered to lift the excommunication and impose some private act of penance on the person.


Anglican Communion


Church of England

In the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Brit ...
, 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 supreme governor of the Church of England is the titular head of the Church of England, a position which is vested in the British monarch. Queen and Church > Queen and Church of England">The Monarchy Today > Queen and State > Queen and Chur ...
. The courts have jurisdiction over matters dealing with the rights and obligations of church members, now 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 Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
-based jurisprudence. The ecclesiastical courts formerly had jurisdiction over the personal estates of deceased persons to grant
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the st ...
or
administration Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, admini ...
. This jurisdiction of the Ecclesiastical Courts was transferred to the
Court of Probate In the history of the courts of England and Wales, the Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created. The Jud ...
by the
Court of Probate Act 1857 The Court of Probate Act 1857 (20 & 21 Vict. c. 77) was an Act of the Parliament of the United Kingdom. It transferred responsibility for the granting of probate, and letters of administration, from the ecclesiastical courts of England and Wales ...
. 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 The Court of Peculiars is one of the ecclesiastical courts of the Church of England. The court sits with a Dean, who is also the Dean of the Arches. The Registrars are the Joint Provincial Registrars. The Court of Peculiars deals with all legal ma ...
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 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. It takes its name from the street-leve ...
'', and in York the ''
Chancery Court The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
''. Each court includes five judges; one judge is common to both courts. The common judge is called the
Dean of Arches The Dean of the Arches is the judge who presides in the provincial ecclesiastical court of the Archbishop of Canterbury. This court is called the Arches Court of Canterbury. It hears appeals from consistory courts and bishop's disciplinary tribuna ...
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 The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
requires. In cases involving church doctrine, ceremony or ritual, the aforementioned courts have no jurisdiction. Instead, the ''
Court of Ecclesiastical Causes Reserved 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 Provin ...
'' 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 The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
. In practice, the case is heard by the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
, which includes present and former Lords Chancellor, a number of Lords of Appeal and other high judicial officers. The
King-in-Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
does not have jurisdiction over doctrinal cases from the
Court of Ecclesiastical Causes Reserved 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 Provin ...
, 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 A convocation (from the Latin '' convocare'' meaning "to call/come together", a translation of the Greek ἐκκλησία ''ekklēsia'') is a group of people formally assembled for a special purpose, mostly ecclesiastical or academic. In a ...
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 {{Short pages monitor