Jump to content

Court of Ecclesiastical Causes Reserved: Difference between revisions

From Wikipedia, the free encyclopedia
Browse history interactively
← Previous edit
Content deleted Content added
VisualWikitext
Addbot (talk | contribs)
Bots
2,838,809 edits
m Bot: Migrating 1 interwiki links, now provided by Wikidata on d:q5178371
m v2.05 - Repaired 1 link to disambiguation page - (You can help) - Ronald Gordon
 
(33 intermediate revisions by 25 users not shown)
Line 1: Line 1:
{{Short description|Court in the Church of England}}
{{Portal|Anglicanism}}
{{Use dmy dates|date=April 2022}}
The '''Court of Ecclesiastical Causes Reserved''' is an [[appellate court]] within the hierarchy of [[ecclesiastical court]]s of the [[Church of England]]. Hearing cases involving church doctrine, ceremony, or ritual, the Court has jurisdiction over both the [[Province of Canterbury]] and the [[Province of York]]. {{As of|2009}} the Court has met just twice since it was established.
{{Portal|Christianity}}
The '''Court of Ecclesiastical Causes Reserved''' is an [[appellate court]] within the hierarchy of [[ecclesiastical court]]s of the [[Church of England]]. Hearing cases involving church doctrine, ceremony, or ritual, the court has jurisdiction over both the [[Province of Canterbury]] and the [[Province of York]]. Appeals from the court are heard in a Commission of Review.<ref>https://www.churchofengland.org/about/leadership-and-governance/ecclesiastical-courts {{Bare URL inline|date=August 2024}}</ref>


==Activity==
==Activity==
The Court of Ecclesiastical Causes Reserved was created in 1963 with appellate jurisdiction in matters of doctrine, ritual or ceremonial.
The Court of Ecclesiastical Causes Reserved was created in 1963 with appellate jurisdiction in matters of doctrine, ritual or ceremonial.


A complaint against a [[priest]] or [[deacon]] may be vetoed by his [[bishop]], and one against a bishop by his [[archbishop]]. Before a case is heard, a preliminary enquiry by a Committee decides whether there is a case to answer. In the case of a priest or deacon, the Committee of Inquiry consists of the diocesan bishop, two members of the Lower House of [[Convocation]] of the Province, and two [[diocesan chancellor]]s. There are other provisions where the accused is a bishop.
Complaints against [[priest]]s or [[deacon]]s may be vetoed by their [[bishop]] and those against a bishop by the appropriate [[archbishop]]. Before a case is heard, a preliminary enquiry by a committee decides whether there is a case to answer. In the case of a priest or deacon, the Committee of Inquiry consists of the diocesan bishop, two members of the Lower House of [[Convocation]] of the province, and two [[diocesan chancellor]]s. There are other provisions where the accused is a bishop.


If the Committee allows the case to proceed, the Upper House of Convocation appoints a complainant against the accused in the Court for Ecclesiastical Causes Reserved, where the procedure resembles that of an assize court exercising jurisdiction but without a jury. However, the Court sits with five advisers chosen from panels of [[theologian]]s or [[liturgiologist]]s.
If the committee allows the case to proceed, the Upper House of Convocation appoints a complainant against the accused in the Court for Ecclesiastical Causes Reserved, where the procedure resembles that of an assize court exercising jurisdiction but without a jury. However, the court sits with five advisers chosen from panels of [[theologian]]s or [[:wikt:liturgiologist|liturgiologist]]s.


As of 2012, the court has sat in only two cases:<ref>{{cite web |url=https://ecclesiasticallaw.wordpress.com/2012/08/31/the-court-of-ecclesiastical-causes-reserved-englands-inquisition/ |title=The Court of Ecclesiastical Causes Reserved: England’s Inquisition |first=Philip |last=Jones |website=EcclesiasticalLaw|date=31 August 2012}}</ref>
As of 2009, the court has met only twice:
* ''Re St Michael and All Angels, Great Torrington''<ref>[1985] 1 All ER 993</ref>
* ''Re [[St Michael and All Angels, Great Torrington]]''<ref>[1985] 1 All ER 993</ref>
* ''Re [[St Stephen Walbrook]]''<ref>[1987] 2 All ER 578</ref>
* ''Re [[St Stephen Walbrook]]''<ref>[1987] 2 All ER 578</ref>


The first case dealt with the introduction of an icon and candlestick into a church without a faculty (exemption from the usual practice) being granted beforehand. The second case allowed the use of a marble sculpture by [[Henry Moore]] as an altar table.<ref>http://www.henry-moore.org/works-in-public/world/uk/london/church-of-st-stephen-walbrook/circular-altar-1972-630</ref>
The first case dealt with the introduction of an icon and candlestick into a church without a faculty (exemption from the usual practice) being granted beforehand. The second case allowed the use of a marble sculpture by [[Henry Moore]] as an altar table.<ref>{{cite web|url=http://www.henry-moore.org/works-in-public/world/uk/london/church-of-st-stephen-walbrook/circular-altar-1972-630|title=Henry Moore - Works in Public - Circular Altar 1972 (LH 630)|work=henry-moore.org|access-date=24 November 2010|archive-date=3 March 2012|archive-url=https://web.archive.org/web/20120303053421/http://www.henry-moore.org/works-in-public/world/uk/london/church-of-st-stephen-walbrook/circular-altar-1972-630|url-status=dead}}</ref>


==Composition==
==Composition==
The Court's five judges are appointed by the [[British monarchy|Sovereign]]. Two must be judges (or have held high judicial office), and must also be communicant members of the Church of England; the remaining three must be (or have been) [[diocesan bishop]]s.
The court's five judges are appointed by the [[British monarchy|Sovereign]]. Two must be judges (or have held high judicial office), and must also be communicant members of the Church of England; the remaining three must be (or have been) [[diocesan bishop]]s.


In criminal cases there must be not less than three nor more than five advisers, who are selected by the [[Dean of the Arches]] and Auditor from a panel of eminent theologians and liturgiologists.
In criminal cases there must be not be fewer than three nor more than five advisers, who are selected by the [[Dean of the Arches]] and Auditor from a panel of eminent theologians and liturgiologists.


===Current members===
===Current members===
The following were appointed as judges by [[royal warrant]] for a five-year term beginning on 1 July 2006:<ref>{{London Gazette|issue=58062 |startpage=10685|date=4 August 2006|accessdate=2007-11-21}}</ref>
The following were appointed to the court by royal warrant under the royal sign manual for a five-year term beginning on 1 December 2021:<ref name=":0">{{London Gazette
| issue = 63592
* [[Elizabeth Butler-Sloss, Baroness Butler-Sloss|The Rt Hon. The Baroness Butler-Sloss, GBE, PC]] (formerly [[President of the Family Division]])
| date = 19 January 2022
* [[Richard Harries, Baron Harries of Pentregarth|The Rt Revd and Rt Hon. The Lord Harries of Pentregarth]] (formerly [[Bishop of Oxford]])
|page=838
* [[John Mummery|The Rt Hon. Lord Justice Mummery]]
}}</ref>
* [[David Hope, Baron Hope of Thornes|The Rt Revd and Rt Hon. The Lord Hope of Thornes, KCVO, PC]] (formerly [[Archbishop of York]])
* [[N.T. Wright|The Rt Revd Tom Wright]] (formerly [[Bishop of Durham]])
* [[Martin Warner (bishop)|Martin Warner]] ([[Bishop of Chichester]])
* [[Rachel Treweek]] ([[Bishop of Gloucester]])
* [[Guli Francis-Dehqani]] ([[Bishop of Chelmsford]])
* [[Keith Lindblom]] (a [[Lord Justice of Appeal]])
* [[Stephen Males]] (a [[Lord Justice of Appeal]])


===Former members===
===Former members===
{{Expand list|date=August 2011}}
{{Incomplete list|date=August 2011}}

* Right Honourable Lord Justice Gibson (appointed in 1986)<ref>{{London Gazette|issue=50581|startpage=8568|date=27 June 1986|accessdate=2007-11-21}}</ref> (reappointed in 1992)<ref>{{London Gazette|issue=52828|startpage=2231|date=10 February 1992|accessdate=2011-08-22}}</ref>
{| class="wikitable"
* [[Lord Lloyd of Berwick]], DL PC (reappointed in 1992)<ref>{{London Gazette|issue=52828|startpage=2231|date=10 February 1992|accessdate=2011-08-22}}</ref>
|+
* Right Reverend [[Eric Kemp]], [[Master of Arts (postgraduate)|MA]] [[FRHistS]] ([[Bishop of Chichester]]) (reappointed in 1992)<ref>{{London Gazette|issue=52828|startpage=2231|date=10 February 1992|accessdate=2011-08-22}}</ref>
!Name
* Right Reverend [[Archibald Ronald McDonald Gordon|Ronald Gordon]], [[Master of Arts (postgraduate)|MA]] (former [[Bishop of Portsmouth (Anglican)|Bishop of Portsmouth]]) (appointed in 1992)<ref>{{London Gazette|issue=52828|startpage=2231|date=10 February 1992|accessdate=2011-08-22}}</ref>
!Position (at time of appointment)
* Right Reverend [[Andrew Graham (bishop of Newcastle)|Alexander Graham]], [[Master of Arts (postgraduate)|MA]] [[Doctor of Divinity|DD]] [[DipTh]] ([[Bishop of Newcastle]]) (appointed in 1992)<ref>{{London Gazette|issue=52828|startpage=2231|date=10 February 1992|accessdate=2011-08-22}}</ref>
!Began
* Right Reverend [[Richard Say]], [[Master of Arts (postgraduate)|MA]] [[Doctor of Divinity|DD]] ([[Bishop of Rochester]])
!Re-appointed
* Right Reverend [[Kenneth Woollcombe]], [[Master of Arts (postgraduate)|MA]] (former [[Bishop of Oxford]]).
!References
|-
|[[Tony Lloyd, Baron Lloyd of Berwick|Sir Anthony John Leslie Lloyd]]
|
|23 October 1984
|
|
|-
|[[Hugh Forbes|Sir Hugh Harry Valentine Forbes]]
|
|23 October 1984
|
|
|-
|[[Richard Harries]]
|
|23 October 1984
|
|
|-
|[[David Say|Richard David Say]]
|
|23 October 1984
|
|
|-
|[[Kenneth Woollcombe|Kenneth John Woollcombe]]
|Former Lord Bishop of Oxford
|23 October 1984
|
|
|-
|[[Ralph Gibson (judge)|Sir Ralph Brian Gibson]]
|
|10 June 1986
|1 February 1992
|<ref>{{London Gazette
| issue = 50581
| date = 27 June 1986
| page = 8568
}}</ref><ref name="auto">{{London Gazette
| issue = 52828
| date = 10 February 1992
| page = 2231
}}</ref>
|-
|[[Eric Kemp|Eric Waldram Kemp]]
|Lord Bishop of Chichester
|23 October 1984
|1 February 1992
|<ref name="auto" />
|-
|[[Tony Lloyd, Baron Lloyd of Berwick|Sir Anthony John Leslie Lloyd]]
|
|
|1 February 1992
|<ref name="auto" />
|-
|[[Ronald Gordon (bishop)|Archibald Ronald McDonald Gordon]]
|Lord Bishop of Portsmouth
|1 February 1992
|
|<ref name="auto" />
|-
|[[Alec Graham|Andrew Alexander Kenny Graham]]
|Lord Bishop of Newcastle
|1 February 1992
|
|<ref name="auto" />
|-
|[[Elizabeth Butler-Sloss, Baroness Butler-Sloss|The Baroness Butler-Sloss]]
|Former President of the Family Division
|1 July 2006
|
|<ref name=":1">{{London Gazette
| issue = 58062
| date = 4 August 2006
| page = 10685
}}</ref>
|-
|[[Richard Harries, Baron Harries of Pentregarth|The Lord Harries of Pentregarth]]
|Former Lord Bishop of Oxford
|1 July 2006
|
|<ref name=":1" />
|-
|[[John Mummery|Sir John Frank Mummery]]
|Lord Justice of Appeal
|1 July 2006
|
|<ref name=":1" />
|-
|[[David Hope, Baron Hope of Thornes|The Lord Hope of Thornes]]
|Former Archbishop of York
|1 July 2006
|
|<ref name=":1" />
|-
|[[N. T. Wright|Nicholas Thomas Wright]]
|Lord Bishop of Durham
|1 July 2006
|
|<ref name=":1" />
|-
|[[Christopher Cocksworth|Christopher John Cocksworth]]
|Lord Bishop of Coventry
|1 July 2015
|
|<ref name=":0" />
|-
|[[Christopher Clarke (judge)|Sir Christopher Simon Courtenay Stephenson Clarke]]
|Justice of the High Court of Justice
|1 July 2015
|
|<ref name=":0" />
|-
|[[Anthony Hughes, Lord Hughes of Ombersley|Lord Hughes of Ombersley]]
|Justice of the Supreme Court
|1 July 2015
|
|<ref name=":0" />
|-
|[[David Walker (bishop of Manchester)|David Stuart Walker]]
|Lord Bishop of Manchester
|1 July 2015
|
|<ref name=":0" />
|-
|[[Martin Warner (bishop)|Martin Clive Warner]]
|Lord Bishop of Chichester
|1 July 2015
|
|<ref name=":0" />
|}

*


==References==
==References==
Line 44: Line 186:
* [http://www.legislation.gov.uk/ukcm/1963/1 Ecclesiastical Jurisdiction Measure 1963]
* [http://www.legislation.gov.uk/ukcm/1963/1 Ecclesiastical Jurisdiction Measure 1963]


[[Category:Court systems in England and Wales]]
[[Category:Courts of England and Wales]]
[[Category:Church of England ecclesiastical polity]]
[[Category:Canon law of the Church of England]]
[[Category:Ecclesiastical courts]]
[[Category:Ecclesiastical courts]]

Latest revision as of 21:13, 7 September 2024

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 Province of Canterbury and the Province of York. Appeals from the court are heard in a Commission of Review.[1]

Activity

[edit]

The Court of Ecclesiastical Causes Reserved was created in 1963 with appellate jurisdiction in matters of doctrine, ritual or ceremonial.

Complaints against priests or deacons may be vetoed by their bishop and those against a bishop by the appropriate archbishop. Before a case is heard, a preliminary enquiry by a committee decides whether there is a case to answer. In the case of a priest or deacon, the Committee of Inquiry consists of the diocesan bishop, two members of the Lower House of Convocation of the province, and two diocesan chancellors. There are other provisions where the accused is a bishop.

If the committee allows the case to proceed, the Upper House of Convocation appoints a complainant against the accused in the Court for Ecclesiastical Causes Reserved, where the procedure resembles that of an assize court exercising jurisdiction but without a jury. However, the court sits with five advisers chosen from panels of theologians or liturgiologists.

As of 2012, the court has sat in only two cases:[2]

The first case dealt with the introduction of an icon and candlestick into a church without a faculty (exemption from the usual practice) being granted beforehand. The second case allowed the use of a marble sculpture by Henry Moore as an altar table.[5]

Composition

[edit]

The court's five judges are appointed by the Sovereign. Two must be judges (or have held high judicial office), and must also be communicant members of the Church of England; the remaining three must be (or have been) diocesan bishops.

In criminal cases there must be not be fewer than three nor more than five advisers, who are selected by the Dean of the Arches and Auditor from a panel of eminent theologians and liturgiologists.

Current members

[edit]

The following were appointed to the court by royal warrant under the royal sign manual for a five-year term beginning on 1 December 2021:[6]

Former members

[edit]
Name Position (at time of appointment) Began Re-appointed References
Sir Anthony John Leslie Lloyd 23 October 1984
Sir Hugh Harry Valentine Forbes 23 October 1984
Richard Harries 23 October 1984
Richard David Say 23 October 1984
Kenneth John Woollcombe Former Lord Bishop of Oxford 23 October 1984
Sir Ralph Brian Gibson 10 June 1986 1 February 1992 [7][8]
Eric Waldram Kemp Lord Bishop of Chichester 23 October 1984 1 February 1992 [8]
Sir Anthony John Leslie Lloyd 1 February 1992 [8]
Archibald Ronald McDonald Gordon Lord Bishop of Portsmouth 1 February 1992 [8]
Andrew Alexander Kenny Graham Lord Bishop of Newcastle 1 February 1992 [8]
The Baroness Butler-Sloss Former President of the Family Division 1 July 2006 [9]
The Lord Harries of Pentregarth Former Lord Bishop of Oxford 1 July 2006 [9]
Sir John Frank Mummery Lord Justice of Appeal 1 July 2006 [9]
The Lord Hope of Thornes Former Archbishop of York 1 July 2006 [9]
Nicholas Thomas Wright Lord Bishop of Durham 1 July 2006 [9]
Christopher John Cocksworth Lord Bishop of Coventry 1 July 2015 [6]
Sir Christopher Simon Courtenay Stephenson Clarke Justice of the High Court of Justice 1 July 2015 [6]
Lord Hughes of Ombersley Justice of the Supreme Court 1 July 2015 [6]
David Stuart Walker Lord Bishop of Manchester 1 July 2015 [6]
Martin Clive Warner Lord Bishop of Chichester 1 July 2015 [6]

References

[edit]
  1. ^ https://www.churchofengland.org/about/leadership-and-governance/ecclesiastical-courts [bare URL]
  2. ^ Jones, Philip (31 August 2012). "The Court of Ecclesiastical Causes Reserved: England's Inquisition". EcclesiasticalLaw.
  3. ^ [1985] 1 All ER 993
  4. ^ [1987] 2 All ER 578
  5. ^ "Henry Moore - Works in Public - Circular Altar 1972 (LH 630)". henry-moore.org. Archived from the original on 3 March 2012. Retrieved 24 November 2010.
  6. ^ a b c d e f "No. 63592". The London Gazette. 19 January 2022. p. 838.
  7. ^ "No. 50581". The London Gazette. 27 June 1986. p. 8568.
  8. ^ a b c d e "No. 52828". The London Gazette. 10 February 1992. p. 2231.
  9. ^ a b c d e "No. 58062". The London Gazette. 4 August 2006. p. 10685.
[edit]
Retrieved from "https://en.wikipedia.org/enwiki/w/index.php?title=Court_of_Ecclesiastical_Causes_Reserved&oldid=1244564793"