Online Encyclopedia

CONSISTORY COURTS

Online Encyclopedia
Originally appearing in Volume V06, Page 979 of the 1911 Encyclopedia Britannica.
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CONSISTORY COURTS  , those ecclesiastical courts wherein the ordinary jurisdiction of the bishop is exercised (see CoNSISTORY) . They exist in every diocese of England . Consistory courts were established by a charter of William I., which appointed the cognizance of ecclesiastical causes in a distinct place or court from the temporal . The officer who exercises jurisdiction in a consistory court is known as the chancellor (q.v.), and he is appointed by patent from the bishop or archbishop . All jurisdiction, both contentious and voluntary, is committed to him under two
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separate offices, those of official
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principal and vicar-general; the distinction between the two offices is that the official principal usually exercises contentious jurisdiction and the vicar-general voluntary jurisdiction . (In the province of York there is an official principal of the
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chancery court and a vicar-general of the diocese.) Since about the
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middle of the 19th century consistory courts have been shorn of much of their importance . Before the
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year 1858 consistory courts exercised concurrently with the courts of their respective provinces jurisdiction over matrimonial and testamentary matters . This jurisdiction was taken away by the Court of
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Probate Act 1857 and the Matrimonial Causes Act 1857 . They had also corrective jurisdiction over criminous clerks, but this was abrogated by the Church Discipline Act 184o . The principal business of consistory courts is now the dispensing of faculties . The procedure in such is strictly forensic, for all applications for faculties, though they may be unopposed, are commenced by citation, calling on all who may have an
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interest to oppose . From the consistory courts an
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appeal lies to the provincial courts, i.e. the arches court of Canterbury and the chancery court of York .

Also, by the

Clergy Discipline Act 1892, a clergyman may be prosecuted and tried in a consistory court for immoral acts or conduct . Under this act, either party may appeal either to the provincial court or to the king in council against any
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judgment of a consistory court .

End of Article: CONSISTORY COURTS
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