Court of Ecclesiastical Causes Reserved

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. As of 2009 the Court has met just twice since it was established.

Activity

The Court for Ecclesiastical Causes Reserved was created in 1963 with appellate jurisdiction in matters of doctrine, ritual or ceremonial. Five judges are appointed by Her Majesty The Queen. Two must be judges or have formerly held high judicial office and be communicant members of the Church of England; three must be or have been diocesan bishops. In criminal matters there must be not less than three nor more than five advisers selected by the Dean of the Arches and Auditor from a panel of eminent theologians and liturgiologists.

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 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 2009, the court has met only twice:

• Re St Michael and All Angels, Great Torrington – [1985] 1 All ER 993
• Re St Stephen Walbrook – [1987] 2 All ER 578

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.

Members

Current members

(2006–2011):

• The Rt Hon. The Baroness Butler-Sloss, GBE, PC (formerly President of the Family Division)
• The Rt Revd and Rt Hon. The Lord Harries of Pentregarth (formerly Bishop of Oxford)
• The Rt Hon. Lord Justice Mummery
• The Rt Revd and Rt Hon. The Lord Hope of Thornes, KCVO, PC (formerly Archbishop of York)
• The Rt Revd Tom Wright (Bishop of Durham)

Former members

(incomplete list):

• Right Honourable Lord Justice Gibson (1986-)
• Lord Lloyd of Berwick, DL PC
• Right Reverend Eric Kemp, MA FRHistS (Bishop of Chichester)
• Right Reverend Ronald Gordon, MA (former Bishop of Portsmouth) (1991-)
• Right Reverend Alexander Graham, MA DD DipTh (Bishop of Newcastle).
• Right Reverend Richard Say, MA DD (Bishop of Rochester)
• Right Reverend Kenneth Woollcombe, MA (former Bishop of Oxford).

External links

• Ecclesiastical Jurisdiction Measure 1963 (No.1)