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The Secret Court of the Church: Do you know what an ecclesiastical court is?
Ecclesiastical courts, especially those within the Church of England, have a long history and important judicial functions. These courts were established by charter from William the Conqueror and are still in operation today. Today, the jurisdiction of ecclesiastical courts has been greatly reduced due to the evolution of the law, especially since the 19th century.
"The existence of church courts is not only to regulate religious affairs, but also involves the adjudication of social morality and interpersonal relationships."
The English ecclesiastical court system had been established since the Norman Conquest, and its jurisdiction had not been affected by the English Reformation. Initially, the jurisdiction of the ecclesiastical courts was extremely broad, covering defamation, wills, marital issues, and a wide range of issues related to church discipline and morality, and had jurisdiction over the use and management of church property. Judges of ecclesiastical courts are usually episcopal officials appointed by the bishop, and they enforce the law with the title of "Great Scholar". Appeals may be made to the provincial episcopal court.
However, over time, some of the powers of the ecclesiastical courts were gradually transferred. For example, in 1855 the ecclesiastical courts were no longer able to handle libel cases, and in 1857 past testamentary matters were transferred to the newly established Wills and Divorce Courts. Today, the main duties of the ecclesiastical courts focus on the management of consecrated church property and jurisdiction over crimes committed by clergy.
“For clergy who are members of the church, church courts will still be able to try them for misconduct.”
The bureaucracy of the ecclesiastical courts and how it changed during the early modern period are also noteworthy. Bishops or episcopal vicars of rural parishes often delegated jurisdiction to great scholars to handle important legal matters. Such delegation not only frees up the role of the bishop to focus on spiritual matters, but also ensures the legitimacy and professionalism of the court process.
Currently, the jurisdiction of the ecclesiastical courts mainly covers the management and supervision of church property, including the reconstruction and control of religious buildings and the land they belong to. Any modification to these properties at the discretion of the university requires prior application for "permission", which is called "Faculty jurisdiction" in the British legal system. The purpose of this system is to protect church buildings of historical and artistic value and to preserve their religious and cultural significance.
"The operation of the church court is not limited to the religious field. Its functions and regulations actually integrate the ideas of multiple legal fields."
The procedures in the ecclesiastical courts are relatively flexible. According to the 2015 "Faculty Jurisdiction Rules", most cases in the ecclesiastical courts can be handled on paper without the need for a formal hearing. When a case required a hearing, the court could hold it in any suitable venue, including the church itself. In addition, the operation of the church courts today has also adapted to project needs and social changes. Today, representative lawyers can defend in court, which is an auxiliary measure that was gradually adopted after the 19th century.
Under the current legal framework, although the sanctioning power of the church court has been reduced, it still has a certain ability to monitor the moral behavior of clergy. Under the Clergy Discipline Measure, implemented in 2003, clergy moral misconduct can now be tried in other specialized courts, but can still appeal to church courts if the matter involves doctrine or ritual.
However, the number of criminal cases that have historically been heard in ecclesiastical courts has declined significantly. The most recent church court case, concluded in 1995, involved allegations of sexual misconduct by a diocesan rector. This change shows the characteristic of the church court to constantly adjust with the progress of society, which also makes us think again: In modern society, how should the boundary between religion and law be drawn?
