ecclesiastical court

ecclesiastical court
a church court in ecclesiastical matters, presided over by members of the clergy and usually having no compulsory jurisdiction. Also called court Christian.

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      tribunal set up by religious authorities to deal with disputes among clerics or with spiritual matters involving either clerics or laymen. Although such courts are found today among the Jews (see bet din) and among the Muslims (Sharīʿah) as well as the various Christian sects, their functions have become limited strictly to religious issues and to governance of church property. During earlier periods in history, the ecclesiastical courts often had a degree of temporal jurisdiction, and in the Middle Ages the courts of the Roman Catholic Church (Roman Catholicism) rivalled the temporal courts in power.

      The range of spiritual matters dealt with often extended into the secular area. The ecclesiastical courts had jurisdiction over sacramental matters that included anything having to do with marriage, such as separation and legitimacy. They also had exclusive jurisdiction over cases involving wills; in England, the ecclesiastical courts, which became Anglican in the 16th century, had complete jurisdiction in matters of succession to personal property until the 16th century and then, in competition with the courts of chancery, until 1857. The courts also claimed jurisdiction over clergy accused of most types of crimes.

      The wide power of the church courts caused great controversy during the Middle Ages because many persons were able to claim that they were under the protection of the church and, therefore, were permitted to seek refuge in the church courts. These claimants included crusaders, students, widows, orphans, and, in some areas of the law, anyone who could read.

      Church courts had jurisdiction over all disputes concerning discipline or administration of the church, property claimed by the clergy or ecclesiastical corporate bodies, tithes and benefices, questions touching on oaths and vows, and heresy. Wherever heretics were so strongly entrenched that it was thought necessary to repress them, the special ecclesiastical court of the inquisition (q.v.) was employed, and lay rulers were obliged under pain of excommunication to pass the most severe sentences.

      Although bishops originally sat in the lower courts, they were soon replaced in most cases by archdeacons who sat as the bishops' agents. The archdeacons were assisted by special prosecutors and clerks and were replaced themselves by men learned in canon and Roman law. Appeals went to the archbishop and ultimately through papal legates to Rome.

      In many areas where royal justice was insufficient, church courts assumed jurisdiction. By the 14th century, as the administration of royal justice increased, controversy between the two powers also heightened. The secular authorities found ways to diminish the powers of the ecclesiastical courts. One was through appeal by writ of error in the secular courts. Then, in more subtle ways, ecclesiastical jurisdiction was limited to spiritual matters. The civil contract of marriage was separated from the sacrament. Other contracts and wills were brought into the secular sphere. By the 16th century on the Continent, the ecclesiastical courts had largely ceased to have any secular functions. Nonetheless, vestiges remained. In Catholic parts of Germany, for example, marriage and divorce remained within the jurisdiction of the ecclesiastical courts until the German Civil Code came into force in 1900.

      In England today the ecclesiastical courts exercise jurisdiction in civil cases concerning church buildings and in criminal cases in which clergymen are accused of ecclesiastical crimes.

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Universalium. 2010.

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