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CONSISTORY COURTS , those ecclesiastical courts wherein the ordinary jurisdiction of theSee also: bishop is exercised (see CoNSISTORY)
.
They exist in every diocese of See also: England
.
Consistory courts were established by a charter of See also: William I., which appointed the cognizance of ecclesiastical causes in a distinct place or
See also: 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 See also: separate offices, those of official See also: principal and See also: 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 See also: York there is an official principal of the See also: chancery court and a vicar-general of the diocese.) Since about the See also: middle of the 19th century consistory courts have been shorn of much of their importance
.
Before the See also: 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 See also: Probate See also: Act 1857 and the Matrimonial Causes Act 1857
.
They had also corrective jurisdiction over criminous clerks, but this was abrogated by the See also: 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
See also: citation, calling on all who may have an See also: interest to oppose
.
From the consistory courts an See also: appeal lies to the provincial courts, i.e. the See also: arches court of See also: Canterbury and the chancery court of York
.
Also, by the See also: 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 See also: king in council against any
See also: judgment of a consistory court
.
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