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Topic: Consistory courts


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In the News (Sun 29 Nov 09)

  
  A list of smaller Church Courts before 1858 arranged by County
The Manor Courts of Halton, Nether Kellet, Slyne with Hest and Skerton
Peculiar Court of the Archbishop of Canterbury in the Deanery of Croydon
Episcopal Consistory Court for the Archdeaconry of Lewes
www.nightbirds.demon.co.uk /Willscourts.htm   (428 words)

  
 Consistory courts - LoveToKnow 1911   (Site not responding. Last check: 2007-10-09)
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.
the arches court of Canterbury and the chancery court of York.
www.1911encyclopedia.org /Consistory_courts   (353 words)

  
 Consistory - LoveToKnow 1911   (Site not responding. Last check: 2007-10-09)
Thus the name consistory has come to be applied almost exclusively to meetings of the college of cardinals with the pope as president, formerly for deliberative purposes, but nowadays purely formal.
There are three kinds of consistory: the secret consistory, in which only the cardinals take part; the public consistory, to which are admitted persons from outside and a fairly large audience; and finally, the semi-public consistory, in which the bishops present in Rome take part with the cardinals, and are allowed to state their opinion.
Finally, in secret consistories were discussed matters of general interest, such as the creation of cardinals, the provision of cathedral churches and other higher benefices, - hence called consistorial, - the creation, union or division of dioceses, the conferring of the pallium, and other matters of importance.
www.1911encyclopedia.org /C/CO/CONSISTORY.htm   (553 words)

  
 Consistory court - Wikipedia, the free encyclopedia
The court usually sits in the church which is the subject of the faculty application, or in the chapter house or cathedral of the diocese.
The consistory court can only become involved in the case of a priest or deacon who is accused of an offence (not involving matters of doctrine, ritual or ceremonial) after the bishop has given the complainant and the accused an opportunity of seeing him.
In the case of faculties, appeal lies to the provincial court (either the Arches Court in York or the Chancery Court in Canterbury), and then to the Judicial Committee of the Privy Council.
en.wikipedia.org /wiki/Consistory_Courts   (795 words)

  
 M'Learned Friend   (Site not responding. Last check: 2007-10-09)
Consistory Court hearings are not as informal as planning inquiries, and the Chancellor need not hear someone who merely turns up on the day.
It is not surprising therefore that several Consistory Court cases in recent years have explicitly considered the extent to which the listing of a church is a material consideration that should be taken into account by the Chancellor in reaching his or her decision.
The Court of Arches (or the Chancery Court of York in the northern province) is the court to which an appeal is made from a decision of a Consistory Court in every other case.
www.ihbc.org.uk /context_archive/28/learned.htm   (891 words)

  
 CONSISTORY COURTS - Online Information article about CONSISTORY COURTS
century consistory courts have been shorn of much of their importance.
year 1858 consistory courts exercised concurrently with the courts of their respective provinces jurisdiction over matrimonial and testamentary matters.
Clergy Discipline Act 1892, a clergyman may be prosecuted and tried in a consistory court for immoral acts or conduct.
encyclopedia.jrank.org /COM_COR/CONSISTORY_COURTS.html   (554 words)

  
 BoE Will Extract: Robert Goodwin
These courts date back to the pre-reformation period but their records are largely of use to the family historian from the 16th to 18th centuries.
At the top of the pyramid were the courts of the Archbishops - the Provincial courts of Canterbury and York with the Court of Arches and the Court of Delegates (the supreme church court) as the courts of appeal.
The court of the Archbishop of York within the Province of York was known as the Prerogative Court of York.
www.originsnetwork.com /help/aboutbo-churchcourts.htm   (1453 words)

  
 [No title]   (Site not responding. Last check: 2007-10-09)
Two judgments were reported. The consistory courts are bound by their own decisions, but not by decisions of those of a consistory court in another diocese. Decisions of other consistory courts are, however, persuasive, and these reported decisions have since been the principal authority relied upon for deciding such questions.
In Re St Paul, Battersea, the Chancellor of the Southwark Consistory Court, the Worshipful E Garth Moore, considered an unopposed petition for the grant of a faculty for the introduction into the church of various forms of decorations, including a number of heraldic devices.
The matter has always been within the faculty jurisdiction of the consistory court and has never till 1953, so far as I know, been treated as the concern of the Home Office’. This was a case where the owner of arms had, in effect, refused permission for their use.
www.iaphs.org /noel_cox/1.DOC   (3330 words)

  
 COURT OF ARCHES - Online Information article about COURT OF ARCHES
Charles, received a patent from the archbishop of Canterbury as official principal of the Arches court, and he took the oaths of office according to the practice before the Public Worship Regulation Act.
The Arches court was also the court of appeal from the consistory courts of the bishops of the province in all testamentary and matrimonial causes.
For many years past there has been but little business in the Arches court, mainly owing to the unwillingness of a large number of the clergy to recognize the jurisdiction of what they deny to be any longer a spiritual court, and the consistent use by the bishops of their right of See also:
encyclopedia.jrank.org /APO_ARN/ARCHES_COURT_OF.html   (1515 words)

  
 Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (Isle of Man)
(1) For the avoidance of doubt and without prejudice to the jurisdiction of consistory courts under any enactment or rule of law, it is hereby declared that the jurisdiction of the consistory court of a diocese applies to all parish churches in the diocese and the churchyards and articles appertaining thereto.
he may by order direct that the article shall be subject to the jurisdiction of the consistory court of the diocese during such period as may be specified in the order.
(d) the judge has heard evidence in open court, after application for the purpose has been made to the court in the prescribed manner, from [any person], unless in the opinion of the judge his application or the evidence which he gives is frivolous or vexatious.
www.gumbley.net /ccejm.htm   (834 words)

  
 Adultery Law in England
The records of the Court of Arches are available at the Lambeth Palace Library, and those of the Consistory court of York at the Borthwick Institute of Historical Research.
In 1873 the jurisdiction to the court for Divorce and Matrimonial causes was transferred to the new High Court of Judicature, where it was joined to the probate and admiralty courts to form the Probate, Divorce and Admiralty Division.
The Court For Divorce and Matrimonial Causes and the Probate, Divorce and Admiralty Division of the Supreme Court.
fathers.ourfamily.com /adulteryengland.htm   (3454 words)

  
 Archives Collection - PROBATE RECORDS   (Site not responding. Last check: 2007-10-09)
In probate matters the consistory court of the archdeaconry of Brecon, one of the four archdeaconries of the diocese of St David's, acted as the bishop's court in a local capacity and not the archdeacon's.
The probate records of the diocese, deanery, and peculiar courts of Hereford, together with those of eight of the Salop peculiar courts, all of which were housed for many years at the National Library, have been transferred to the Hereford Record Office and the Lichfield Joint Record Office respectively.
Information concerning the probate courts having jurisdiction in Wales, the counties and parishes they covered, and the dates of surviving records is given in a typescript schedule of probate records available in the Manuscripts and Records Catalogue Room and in the leaflet Probate Records in the National Library of Wales.
www.llgc.org.uk /lc/lcs0041.htm   (1056 words)

  
 divorce legal terms explained
The courts of the church and the lay courts were separated in the reign of William the Conqueror and from that time both courts could deal with matrimonial cases.
The diocesan courts were known as consistory courts and they dealt with the majority of matrimonial cases.
The ecclesiastical courts granted what are now known as decrees of Judicial Separation (then known as divorces a mensa et thoro) on the grounds of adultery, cruelty or unnatural offences.
www.justdivorce.co.uk /history_divorce.htm   (537 words)

  
 Chapter 12: Of the Deposition of Eastern Ave.'s Pastor and Related Matters
The consistory refused to surrender the property, and in the beginning of January 1925, they appeared in court to show cause why they should remain in possession of the buildings, until the synod of 1926 should have acted on their appeal.
It was the contention of the consistory that the matter of their deposition must first be finally determined upon by the synod, before the secular courts could rule in the property question.
And finally the consistory was convinced that on moral grounds the property certainly belonged to them and not to the minority group; and that, on legal grounds they had the right to retain the property until the matter had been definitely disposed of by the synod.
www.prca.org /current/P_R_History/History_PRCA_Chap12.htm   (2589 words)

  
 Table of Contents: Venomous Tongues
Local courts were about more than the punishment of crimes, however: they also served as sites for collection of fees, rents, and taxes, for ensuring that all roads were kept clear, for the pursuit of grievances among individuals, for the appointment of local government officers, and for dealing with many other mundane details.
Cases were brought to the courts' attention either in the form of instance litigation (suits between plaintiffs and defendants) or as ex officio cases presented by local jurors or other committees convened for the purpose.
Church courts did not levy fines per se; rather, individuals were offered the opportunity of compurgation, the chance to swear to their innocence with their testimony supported by the oaths of fellow parishioners.
www.upenn.edu /pennpress/book/toc/14224.html   (9868 words)

  
 Ancestry.co.uk - My Fair England: Beginning English Research
Canterbury was the superior court and was used by those whose property was spread throughout the kingdom, by the wealthy of southern England, and by those with overseas holdings.
Records of the Prerogative Court of York, for the wealthy of northern England, are at the Borthwick Institute in York and in the Family History Library.
It is important to discover all the probate courts with authority in the region of interest, and then to find out where the records are, both the originals and the copies.
www.ancestry.co.uk /learn/library/article.aspx?article=4663   (3280 words)

  
 Probate Records: A Research Summary
Courts such as Court of the Dean and Chapter or Court of the Cathedral often acted on the bishop's behalf.
Appeals from the Prerogative Court of York were to the Chancery Court of the Archbishop of York, then to the Prerogative Court of Canterbury.
If a court's decision was disputed, additional records may be found among later records of the same court or in a court of higher jurisdiction.
www.ramsdale.org /probater.htm   (1304 words)

  
 Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1)   (Site not responding. Last check: 2007-10-09)
to the Arches Court of Canterbury or the Chancery Court of York, as appropriate, to be heard and determined by that court.
(a) in the case of an appeal from a judgment of the consistory court of a diocese given in such proceedings as are mentioned in section 6(1)(a) of this Measure, by all the judges of the Court mentioned in paragraphs (a), (b) and (c) of section 3(2) of this Measure;
In section 66(1) (interpretation) in the definition of "prescribed" for the words "this Measure" there shall be substituted the words "section 26 of the Care of Churches and Ecclesiastical Jurisdiction Measure 1991".
www.opsi.gov.uk /measures/Ukcm_19910001_en_9.htm   (1118 words)

  
 Arches Court - Wikipedia, the free encyclopedia
The Arches Court, presided over by the Dean of Arches is an ecclesiastical court of the Church of England covering the Province of Canterbury.
Its equivalent in the Province of York is the Chancery Court.
The Court of Arches is the Provincial Court for Canterbury.
en.wikipedia.org /wiki/Arches_Court   (373 words)

  
 Hampshire County Council
The Consistory Court, as this is known, is presided over by the Chancellor as a single judge and he will hear evidence both in support and in opposition to the petition before coming to a decision.
The Consistory Court is the Bishop's Court and it is the Bishop who appoints the Chancellor who is usually an experienced Barrister or High Court Judge.
However, the fact that the matter is heard in a Court setting may mean that a party opponent has incurred substantial costs in his own legal and professional representation before the Court.
www.hants.gov.uk /scrmxn/c1537.html   (1021 words)

  
 Legal Articles by Pinfold and Co., Solicitors in South London   (Site not responding. Last check: 2007-10-09)
I appreciate that usually the Court would deal with both parts of action such as this, but one of the problems before the Act (and many of the 20th Century measures) was the overlap between the Consistory Courts and Chancery in various parts of the Law which had an equitable jurisdiction.
Accordingly, while the County Court could and indeed should decide on the method of the enforcement, there is still a residual jurisdiction in the Chancellor's powers to decide if there is any liability and that would be done via the faculty jurisdiction that I spoke of last time.
The Court concluded that, taking the functions of the PCC in relation to the Church organisation, the PCC was a public authority.
pinfoldandco.com /old-pg12.php?article=07   (2739 words)

  
 Summary 'justice' is coming to Britain | Samizdata.net   (Site not responding. Last check: 2007-10-09)
While I agree that the courts are frustratingly slow, and 'justice' (not just a mere rubber stamping of whatever 'legislators' seem to think the 'law' should be today) does need to be dispensed in a much more timely fashion, this is most certainly not the way to go about it.
Perhaps we should revert to ecclesiastical courts, similar to the Consistory Courts in the West Country that were responsible for maintaining moral and religious rectitude.
A bureaukraut is not a court of law, and you are not a number, you are a free man, unless or until the passage of the Tony Blair is God Act 2005.
www.samizdata.net /blog/archives/008141.html   (3041 words)

  
 Cronin Families of Cork
Diocesan (or Consistory) Court: There was a separate court for each of the 28 dioceses.
Prerogative Court of Armagh: The wills of the wealthy were usually proved in this court, like the diocesan wills most were destroyed in 1922 but abstracts do exist for the years 1536-1802.
Eleven 'district registries' were set up to replace the former consistory courts and a 'principal registry' replaced the Prerogative Court of Armagh (the principal registry also assumed responsibility for counties Dublin, Kildare, Meath and Wicklow).
homepages.paradise.net.nz /hanson/probate.html   (421 words)

  
 [No title]
Church (consistory) courts of the bishops could grant a declaration of nullity rendering a marriage void from the outset.
The records of the Province of Canterbury's Court of Arches are available at the Lambeth Palace Library, and those of the Consistory court of York at the Borthwick Institute of Historical Research.
This was a civil suit in the court of King's Bench or Common Pleas, for the recovery of damages against the lover of the adulterous wife.
www.nationalarchives.gov.uk /catalogue/Leaflets/ri2288.htm   (1232 words)

  
 Courts Llanon at Local.co.uk   (Site not responding. Last check: 2007-10-09)
In the village of Llanon there are ruins known as Neuadd (hall) which was probably an important Tudor building and nearby is one of the last...
Churchwardens in the Consistory Courts of St David's.Journal of the Historical...
he/she sued you as the insured party and the courts ruled it was your fault.
www.local.co.uk /Llanon/Courts   (203 words)

  
 Florilegium urbanum - Death - Early wills of townsmen
Registers of the archiepiscopal prerogative courts, episcopal consistory courts, and commissary or archdeaconry courts are the principal source of wills from medieval England.
In the case of Lynn, the borough court and its claim to probate were in the hands of the Bishop of Norwich, but the more indépendantiste townsmen resisted this.
Not surprisingly, these testaments are much the same in shape and in the type of information they provide as their counterparts that survive to us in greater numbers for the late fourteenth and fifteenth centuries.
www.trytel.com /~tristan/towns/florilegium/lifecycle/lcdth09.html   (4152 words)

  
 Ancestry.com - Pre-1858 Probate in England and Wales: Tips for Distance Research, Part 1   (Site not responding. Last check: 2007-10-09)
Without a grasp of the organization of the courts involved, it is difficult to plan a search and keep track of what has been examined.
There was a hierarchy—archdeaconry courts, diocesan (consistory courts), archbishops courts (only 2, York and Canterbury), with the Prerogative Court of Canterbury (PCC) the superior court.
The index reveals the court where probate was granted and the register shows the final disposition of property.
www.ancestry.com /library/view/news/articles/2630.asp   (1311 words)

  
 The Notary Public- the third arm of the legal profession
The notary presents foreign bills of exchange for acceptance and payment in case of non-acceptance or non-payment.(35) This must be done by a notary, at the request of the holder of the bill, in order to recover the sum owed.(36) The notary may also note or certify transactions relating to negotiable instruments.
The usual procedure followed is that the applicant lodges with the Court of Faculties a memorial counter-signed by local merchants, shipping companies, bankers and other persons of substance, which show the local need of a notary and the fitness of the applicant.
As officers appointed by the Master of the Court of Faculties of the Archbishop of Canterbury, notaries public are a significant survival of imperial unity.
www.geocities.com /noelcox/notaries_public.htm   (7256 words)

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