See also:English ecclesiastical
See also:court of
See also:appeal of the archbishop of Canterbury, as metropolitan of the province_ of Canterbury, from all the
See also:consistory and commissary courts in the province . It derives its name from its
See also:ancient place of judicature, which was in the
See also:church of Beata Maria de Arcubus —St Mary-le-
See also:Bow or St Mary of the
See also:Arches, " by reason of the
See also:steeple thereof raised at the top with
See also:stone pillars in fashion like a bow bent archwise." This
See also:parish was the chief of thirteen locally situated within the
See also:diocese of
See also:London but exempt from the
See also:bishop's jurisdiction, and it was no doubt owing to this circumstance that it was selected originally as the place of judicature for the archbishop's court . The proper designation of the
See also:judge is official
See also:principal of the Arches court, but by
See also:custom he came to be styled the dean of the Arches, a title belonging formerly to the chief official of the subordinate court.' Originally, the official principal exercised metropolitan jurisdiction, while the dean of the Arches exercised the "
See also:peculiar " jurisdiction . The jurisdictions called " peculiars " at one
See also:time numbered nearly 300 in England . They were originally introduced by the
See also:pope for the purpose of curtailing the bishop's legitimate authority within his diocese; " an
See also:object which," says Phillimore, " they certainly attained, to the
See also:great confusion of ecclesiastical jurisdiction for many years." The dean of the Arches originally had jurisdiction over the thirteen London parishes above mentioned, but as the official principal was often absent as
See also:ambassador on the continent, he became his substitute, and gradually the two offices were blended together . The
See also:office of the dean of the Arches may now be regarded as
See also:extinct, though the title is still popularly used, for no dean of the Arches has been appointed eo nomine for several centuries, and by an
See also:act of 1838 bishops have jurisdiction over all peculiars within their diocese . The judge of the Arches court was until 1874 appointed by the archbishop of Canterbury by patent which, when confirmed by the dean and
See also:chapter of Canterbury, conferred the office for the
See also:life of the holder . He took the oaths of office required by the 127th
See also:canon . But by the Public Worship Regulation Act 1874 the two archbishops were empowered, subject to the approval of the
See also:sovereign by sign-
See also:manual, from time to time to appoint a practising
See also:barrister of ten years'
See also:standing, or a
See also:person who had been a judge of one of the
See also:superior courts (being a member of the Church of England) to be, during
See also:good behaviour, a judge for the purpose of exercising jurisdiction under that act, and it was enacted (sec . 7) that on a vacancy occurring in the office of official principal of the Arches court the judge should become ex officio such official principal . In this way the
See also:Penzance became dean on the retirement of
See also:Sir Robert Phillimore in 1875 . Lord Penzance received in 1878 a supplemental patent as dean from Archbishop
See also:Tait, but did not otherwise fulfil the conditions observed on the
See also:appointment of his predecessors .
On Lord Penzance's retirement in 1899, his successor, SirArthur
See also:Charles, received a patent from the archbishop of Canterbury as official principal of the Arches court, and he took the oaths of office according to the practice before the Public Worship Regulation Act . He was subsequently and separately appointed judge under that act . Sir A . Charles resigned in 1903 and was succeeded by Sir L . T .
See also:Dibdin, who qualified in the same way as his immediate predecessor . The official principal of the Arches court is the only ecclesiastical judge who is em-powered to pass a
See also:sentence of deprivation against a clerk in
See also:holy orders . The appeals from the decisions of the Arches court were formerly made to the
See also:king in
See also:chancery, but they are now by
See also:statute addressed to the king in council, and they are heard before the judicial
See also:committee of the privy council . By an act of
See also:Henry VIII . (Ecclesiastical Jurisdiction Act 1532) the Arches court is empowered to hear, in the first instance, such suits as ARCHIAC are sent up to it by letters of
See also:request from the consistorial courts of the bishops of the province of Canterbury, and by the Church Discipline Act 1840, this jurisdiction is continued to it, and it is further empowered to accept letters of request from the bishops of the province of Canterbury after they have issued commissions of inquiry under that statute, and the commissioners have made their
See also:report . The Arches court was also the court of appeal from the consistory courts of the bishops of the province in all testamentary and matrimonial causes . The matrimonial jurisdiction was transferred to the
See also:crown by the Matrimonial Causes Act 1857 .
See also:Clergy Discipline Act 1892 an appeal lies from the
See also:judgment of a consistory court under that act, in respect of fact by leave of the appellate court, and in respect of
See also:law without leave, to either the Arches court or the judicial committee of the privy council at the option of the appellant . Under the Benefices Act 1898 the official principal of the archbishop is required to institute a presentee to a
See also:benefice if the tribunal constituted under that act decides that there is no valid ground for refusing institution and the bishop of the diocese notwithstanding fails to institute him . After the
See also:College of
See also:Advocates was incorporated and had established itself in Doctors'
See also:Commons, the archbishop's court of appeal, as well as his
See also:prerogative court, were usually held in the
See also:hall of the College of Advocates, but after the destruction of the buildings of the college, the court of appeal held its sittings, for the most
See also:part, in
See also:Westminster Hall . For many years past there has been but little business in the Arches court, mainly owing to the unwillingness of a large number of the clergy to recognize the jurisdiction of what they deny to be any longer a spiritual court, and the consistent use by the bishops of their right of
See also:veto in the case of prosecutions under the Public Worship Regulation Act . On the rare occasions when a sitting of the court is necessary, it is held in the library of
See also:Lambeth Palace, or at the Church
See also:House, Westminster .
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