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Topic: Ecclesiastical law

	CATHOLIC ENCYCLOPEDIA: Ecclesiastical Jurisdiction
		When in the aforesaid send, or court held by the bishop during his visitation, it inflicted punishment on the civil offences of the laity, the penalty, as a rule, was enforced by the count (graf) who accompainied the bishop and represented the civil power.
		As regards ecclesiastics, the power of the Church to punish their disciplinary offences and maladministration of their offices, is everywhere acknowledged by the State.
		ecclesiastical jurisdiction carries with it no secular consequences, though the Church is free to punish such offences by ecclesiastical penalties.
	www.newadvent.org /cathen/08567a.htm (2534 words)

	ECCLESIASTICAL LAW - LoveToKnow Article on ECCLESIASTICAL LAW (Site not responding. Last check: 2007-10-14)
		The ecclesiastical laws of the latter are, like the rules of a private society or club, the concern of the members of the church only, and come under the purview of the state only in so far as they come in conflict with the secular law (e.g.
		Writers on the theory of ecclesiastical law, moreover, draw a fundamentaldistinctionbetween that of the Church of Rome and that of the Protestant national or territorial Churches.
		The first principle of the ecclesiastical law in England is the assertion of the supremacy of the crown, which in the present state of the constitution means the same thing as the supremacy of parliament.
	www.1911encyclopedia.org /E/EC/ECCLESIASTICAL_LAW.htm (2121 words)

	[No title]
		Thus the eccle’siastical jurisdiction was soon in full swing, with foreign bishops substituted for the native bishops, and the con- sequent change from customary procedure to that of the civil law.
		The former, in his assize of darrein presentment, transferred to the common law courts all questions of advowsons and presentations, the cognizance of which by the ecclesiastical courts was a source of constant appeal to Rome.
		Under the lead of such champions of the common law as Coke and Glanville the pretensions of the ecclesiastical courts were most strenuously and ably resisted; yet it was not until the reign of Henry VIII that the ecclesiastical courts were subordinated to those of the common law.
	www.geocities.com /CapitolHill/Senate/3616/ECCLESIASTICAL.html (1665 words)

	English and Welsh law - Wikipedia, the free encyclopedia
		The essence of common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the fact before them.
		This practice of the common law (as opposed to civil law) was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the British withdrew or were expelled, to form the basis of the jurisprudence of many of those countries.
		Admiralty and Ecclesiastical law are considered to be based on the civil law (i.e.
	en.wikipedia.org /wiki/English_common_law (443 words)

	GLEBE - LoveToKnow Article on GLEBE (Site not responding. Last check: 2007-10-14)
		glaeba, gleba, clod or lump of earth, hence soil, land), in ecclesiastical law the land devoted to the maintenance of the incumbent of a church.
		In the technical language of English law the fee-simple of the glebe is said to be in abeyance, that is, it exists only in the remembrance, expectation and intendment of the law.
		Scots ecclesiastical law, the manse Irow signifies the ministers dwellinghouse, the glebe being the land to which he is entitled in addition to his stipend.
	www.1911encyclopedia.org /G/GL/GLEBE.htm (405 words)

	Catholic Culture : Document Library : Religion and the Middle Ages
		Ecclesiastics taught that Christian principles should be followed in settling controversies between Christian princes and peoples; arbitration by the Pope was resorted to in a number of cases; and the Church made efforts to lessen the brutality of war.
		In many of the ecclesiastical provisions of the secular laws, one may also discern the influence of the developing science of moral theology, with its definitions of sins, distinctions between their degrees, prescriptions for their cure, etc.; while the related science of canon law is frequently revealed as influencing secular institutions.
		Ecclesiastical discipline was the natural means used for this co-operation, and the usual instrument for such discipline was penance, sometimes backed, in cases of recalcitrance, by the ban of excommunication.
	www.catholicculture.org /docs/doc_view.cfm?recnum=5231 (2627 words)

	ECCLESIASTICAL LAW - Online Information article about ECCLESIASTICAL LAW
		canon law " is not identical with the " ecclesiastical law " of the Roman Catholic Church.
		The common law courts controlled the jurisdiction of the ecclesiastical courts, claiming to have " the exposition of such statutes or acts of parliament as concern either the extent of the jurisdiction of these courts or the matters depending before them.
		scheme was never executed, and the ecclesiastical laws remained on the footing assigned to them in that statute—so much of the old ecclesiastical laws might be used as had been actually in use, and was not repugnant to the laws of the realm.
	encyclopedia.jrank.org /DRO_ECG/ECCLESIASTICAL_LAW.html (2570 words)

	canon law. The Columbia Encyclopedia, Sixth Edition. 2001-05
		It is the law of the church courts and is formally distinguished from other parts of ecclesiastical law, such as liturgical law.
		Canon law lays down rules for the governance and regulation of the clergy and the church, including such matters as the qualifications, duties, and discipline of the clergy and the administration of the sacraments (more particularly the laws regarding holy orders and the sacrament of marriage).
		The early law grew particularly from the canons of church councils, from the letters of bishops regarding church discipline and governance, and later from papal letters, called decretals, that settled matters of ecclesiastical government and discipline.
	www.bartleby.com /65/ca/canonlaw.html (724 words)

	A. Boudinhon
		The common law, therefore, is that which is to be observed with regard to a certain matter, unless the legislator has foreseen or granted exceptions; for instance, the laws regulating benefices contain special provisions for benefices subject to the right of patronage.
		The law of these three periods is referred to respectively as the ancient, the new, and the recent law (jus antiquum, novum, novissimum), though some writers prefer to speak of the ancient law, the law of the Middle Ages, and the modern law (Laurentius, "Instit.", n.4).
		Laws in general, and irritant laws in particular, are not retroactive, unless such is expressly declared by the legislator to be the case.
	www.ewtn.com /library/CANONLAW/09056A.HTM (9352 words)

	CATHOLIC ENCYCLOPEDIA: Canon Law
		ecclesiastical law is not sufficiently distinguished from that of moral theology.
		law was much less important, if we abstract from the inevitable adaptation to the customs of barbarous races, yet some survivals of this law in ecclesiastical legislation are worthy of note: the somewhat feudal system of benefices; the computation of the degrees of kindred; the assimilating of the penitential practices to the system of penal
		Laws in general, and irritant laws in particular, are not retroactive, unless such is expressly declared by the legislator to be the case.
	www.newadvent.org /cathen/09056a.htm (10047 words)

	Papal Election Under Natural Law - Principle of Intrinsic Cessation of Ecclesiastical Law (Site not responding. Last check: 2007-10-14)
		Since Church law is purely ecclesiastical, it is subject to the principle of intrinsic cessation as expounded by Cardinal Amleto Cicognani.
		The law ceases extrinsically when it is revoked by the Superior;...The end (either its purpose or its cause) of the law ceases adequately when all of its purposes cease; inadequately, when only some particular purpose ceases...
		The purpose of the law ceases contrariwise when an injurious law becomes either unjust or impossible of observance; or negatively, when the law becomes useless; universally, when the purpose of the law ceases with respect to all subjects or the majority of subjects; or particularly, with respect to some individual.
	www.truecatholic.org /pope/cessationlaw.htm (459 words)

	St. George Tucker: Of The Cognizance of Private Wrongs
		In short, the common law of England is the one uniform rule to determine the jurisdiction of courts: and, if any tribunals whatsoever attempt to exceed the limits so prescribed them, the king's courts of common law may and do prohibit them; and in some cases punish their judges.
		For one may sue for and recover in the ecclesiastical courts the tithes themselves, or a recompense for them, by the ancient law; to which the suit for the double value is superadded by the statute.
		THE proceedings in the ecclesiastical courts are therefore regulated according to he practice of the civil and canon laws; or rather according to a mixture of both, corrected and new-modeled by their own particular usages, and the interposition of the courts of common law.
	www.lonang.com /exlibris/tucker/tuck-407.htm (5999 words)

	CATHOLIC ENCYCLOPEDIA: Decree
		law made by a superior authority for the direction of others.
		The common opinion is that when the decisions are enlargements of the law (declaratio extensiva legis) the decisions do not bind except in the particular case for which the
		TAUNTON, The Law of the Church (London, 1906); SMITH, Elements of Ecclesiastical Law (New York, 1886); BENEDICT XIV, De Synodo di cesanâ; BOUIX De Principiis Juris Canonici; FERRARIS Theoria et praxis regiminis di cesani.
	www.newadvent.org /cathen/04670a.htm (445 words)

	[No title] (Site not responding. Last check: 2007-10-14)
		We are bound to obey Ecclesiastical Law, even when it is not an infallible proclamation, because God has given Peter the keys of the Kingdom with the authority not only to infallibly define the faith but also to legislate lesser teachings and disciplinary tenets for the good of the Faithful.
		In moral laws, the norm may or may not be fulfilled depending on the free decision of human beings.
		Civil Law is certainly not obligatory when it is unjust, notably contrary to the laws of God and of the Church, when they do not proceed from legitimate authority, when it is not directed to the common welfare, and when it violates distributive justice.
	www.saint-mike.org /QA/FS/ViewAnswer.asp?QID=471 (850 words)

	ICLR (Site not responding. Last check: 2007-10-14)
		As bats are a protected species under European law and are common in the diocese of Lincoln, there being bat roost in at least 38% of the churches, the chancellor, Peter Collier QC, directed that the petitioners should obtain an ecological survey regarding the likely effect of the floodlighting upon bats in the church.
		Appeals from the consistory court in reserved matters lies to the Court of Ecclesiastical Causes Reserved (this court also has original jurisdiction in cases where a clergy is charged with a reserve offence) and from there to a commission of review.
		Ecclesiastical cases also find their way into the secular courts as the case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2001] 3 WLR 1323 shows.
	www.lawreports.co.uk /ecclesiastical.htm (770 words)

	from Guernsey's Ecclesiastical Law in Hamlet (Site not responding. Last check: 2007-10-14)
		The practice was when the coroner delivered the custody of the body to the relatives and friends, that the same should be buried by the parish priest in the manner and form his discretion and church regulations might allow, excepting so far as positive statute law compelled him to act.
		The statute law compelled him to attend and bury all persons in the parish churchyard, and to read or sing certain prescribed prayers and portions of the bible as prescribed in the act of uniformity of worship without regard to the religious belief or doctrine of the deceased.
		Under the ancient law as well as under the 39 articles of the church, the decision of the coroner's jury, he being a magistrate, must be followed by the church as to the voluntary or involuntary act of self-destruction.
	www.sourcetext.com /lawlibrary/guernsey/03.htm (1167 words)

	from Guernsey's Ecclesiastical Law in Hamlet (Site not responding. Last check: 2007-10-14)
		The "great command " that ruled the order of priests was the statute law of England, which recognized the sovereign as the head of the church, and the decision of the coroner binding upon the church that she be entitled to Christian burial.
		That is all the legal ceremony and those not prohibited by the church, and he had fulfilled the letter of the law, and rung the bell and had given her an honorable place of burial and a straight grave.
		Again, the law is presumed by the forum to have always been the same as at present, unless some reason appears to the contrary.
	www.sourcetext.com /lawlibrary/guernsey/05.htm (1457 words)

	canon law -- Encyclopædia Britannica
		Latin jus canonicum body of laws made within certain Christian churches (Roman Catholic, Eastern Orthodox, independent churches of Eastern Christianity, and the Anglican Communion) by lawful ecclesiastical authority for the government of both the whole church and parts thereof and of the behaviour and actions of individuals.
		Marriage law is the body of legal specifications regulating the initiation, continuation, and validity of marriages.
		It is, rather, derived from the ancient Roman term jus civile, meaning “civil law,” which was used to distinguish the proper or ancient law of the city of Rome from the laws...
	www.britannica.com /eb/article-9105947 (970 words)

	The Notary Public- the third arm of the legal profession
		In civil law systems- those deriving their basic principles predominantly from the laws of ancient Rome- a notary public is a lawyer practising in non-contentious business.
		In many civil law countries the notary is, as he was in England in the past, a distinct official, unable to practise as a solicitor, or in any profession but notary.
		(13) The Faculty is, in ecclesiastical law, a privilege or special dispensation, granted to a person by favour and indulgence to do that which by the common law he or she could not do.
	www.geocities.com /noelcox/notaries_public.htm (7256 words)

	Electronic Law Journals project
		The Journal of Information, Law and Technology (JILT) was established in the mid 1990s as an innovative peer-reviewed electronic law journal covering a range of topics relating to the combined field of law and information technology.
		The Journal of Law, Social Justice and Global Development (LGD) is a peer- reviewed electronic law journal established to further the debate on the impacts of globalisation on social development and justice.
		The Entertainment and Sports Law Journal is a peer-reviewed electronic law journal located within a dynamic and rapidly expanding area of legal theory and legal practice.
	www2.warwick.ac.uk /fac/soc/law/elj (357 words)

	What is a Lawyer? \| There is a Remedy at Law for Every Problem \| Ecclesiastical law
		Just as a sawyer is one who's profession is engaging the use of a saw, a lawyer is one who professes and puts into practice a specific employment of law.
		Among these varying standards were the laws of the King's Court, of the Exchequer Court, of the Common Courts of Pleas, and for the different levels of royalty, noblemen, freemen, peons, serfs and slaves.
		The purpose of the attorney was, as it is today, to see that upon the transfer of any property of value nothing would get into the hands of the common people.
	www.remediesatlaw.com /lawyer.htm (443 words)

	Ecclesiastical law frequently asked questions
		For others, their religion is based on Torah or Ecclesiastical Law, which is given by YHWH and is very simple and stabile.
		One must study secular law until they understand how they can legally vacate the obligations, and leave Babylon to live under ecclesiastical law without being chased.
		For the mutation to change the species of the animal or plant would be useless, as there would have to be two (male and female) animals in order for there to actually be a new species on the earth.
	sw.jeffotto.com /faq_ecclesiastical_law_2.htm (1489 words)

	master irish law bib (Site not responding. Last check: 2007-10-14)
		The Smurfit Irish Law Center is a research collection in Irish law intended to serve the needs of both the scholar and the practitioner.
		For the practitioner, access to the sources of Irish law is valuable, as a number of American corporations do a large amount of business in Ireland, and at least one major Irish corporation is prominent in the St. Louis area.
		The Law of Distress and Replevin in Ireland.
	lawlib.slu.edu /library/IrishLaw/irishlaw.htm (7880 words)

	ecclesiastical law
		In England, the Church of England has special ecclesiastical courts to administer church law.
		Each diocese has a consistory court with a right of appeal to the Court of Arches (in the archbishop of Canterbury's jurisdiction) or the Chancery Court of York (in the archbishop of York's jurisdiction).
		These courts have no influence on churches of other denominations, which are governed by the usual laws of contract and trust.
	www.uk.tiscali.com /reference/encyclopaedia/hutchinson/m0025275.html (143 words)

	[No title] (Site not responding. Last check: 2007-10-14)
		The liability to repair the chancel is one of the incidents of ownership of land allotted under the inclosure award in lieu of tithe or other rectorial property.
		The applicants were members of a parish of the Church of Sweden who complained of a violation of article 9 of the Convention because the Assembly of the Church of Sweden had prohibited the use of the liturgy of the Finnish Evangelical-Lutheran Church in their parish.
		The owners of the school chapel, being a charity and having first obtained the consent of the charity commissioners, the only possible objection lay from the chapel having been consecrated and therefore subject to the jurisdiction of the consistory court.
	www.swarb.co.uk /lisc/Ecclesiastical.shtml (3195 words)

	History of the Christian Church, Volume III: Nicene and Post-Nicene Christianity. A.D. 311-600. (iii.viii.xx) (Site not responding. Last check: 2007-10-14)
		The universal councils, through their disciplinary enactments or canons, were the main fountain of ecclesiastical law.
		The Codex Dionysii was gradually enlarged by additions, genuine and spurious, and through the favor of the popes, attained the authority of law almost throughout the West.
		These books of ecclesiastical law served to complete and confirm the hierarchical organization, to regulate the life of the clergy, and to promote order and discipline; but they tended also to fix upon the church an outward legalism, and to embarrass the spirit of progress.
	www.ccel.org /ccel/schaff/hcc3.iii.viii.xx.html (878 words)

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