Court of Ecclesiastical Causes Reserved
Encyclopedia
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
. the Court has met just twice since it was established.
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:
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.
. 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.
for a five-year term beginning on 1 July 2006:
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
within the hierarchy of ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
s of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
. Hearing cases involving church doctrine, ceremony, or ritual, the Court has jurisdiction over both the Province of Canterbury
Province of Canterbury
The Province of Canterbury, also called the Southern Province, is one of two ecclesiastical provinces making up the Church of England...
and the Province of York
Province of York
The Province of York is one of two ecclesiastical provinces making up the Church of England, and consists of 14 dioceses which cover the northern third of England and the Isle of Man. York was elevated to an Archbishopric in 735 AD: Ecgbert of York was the first archbishop...
. the Court has met just twice since it was established.
Activity
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
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
or deacon
Deacon
Deacon is a ministry in the Christian Church that is generally associated with service of some kind, but which varies among theological and denominational traditions...
may be vetoed by his bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
, and one against a bishop by his archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
. 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
Convocation
A Convocation is a group of people formally assembled for a special purpose.- University use :....
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
- Re St Stephen WalbrookSt Stephen WalbrookSt Stephen, Walbrook is a small church in the City of London, part of the Church of England's Diocese of London. It is located in Walbrook, next to the Mansion House, and near to Bank and Monument Underground stations.-History:In the second century A.D...
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
Henry Moore
Henry Spencer Moore OM CH FBA was an English sculptor and artist. He was best known for his semi-abstract monumental bronze sculptures which are located around the world as public works of art....
as an altar table.
Composition
The Court's five judges are appointed by the SovereignBritish monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
. 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
Diocesan bishop
A diocesan bishop — in general — is a bishop in charge of a diocese. These are to be distinguished from suffragan bishops, assistant bishops, coadjutor bishops, auxiliary bishops, metropolitans, and primates....
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.
Current members
The following were appointed as judges by royal warrantRoyal Warrant
Royal warrants of appointment have been issued for centuries to those who supply goods or services to a royal court or certain royal personages. The warrant enables the supplier to advertise the fact that they supply to the royal family, so lending prestige to the supplier...
for a five-year term beginning on 1 July 2006:
- The Rt Hon. The Baroness Butler-Sloss, GBE, PCElizabeth Butler-Sloss, Baroness Butler-SlossAnne Elizabeth Oldfield Butler-Sloss, Baroness Butler-Sloss, GBE, PC is a retired English judge. She was the first female Lord Justice of Appeal and, until 2004, was the highest-ranking female judge in the United Kingdom. Until June 2007, she chaired the inquests into the deaths of Diana, Princess...
(formerly President of the Family DivisionPresident of the Family DivisionThe President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales. The Family division was created in 1971, out of the former Admiralty Court and probate courts into the then Probate, Divorce and Admiralty Division.As of 13 April 2010,...
) - The Rt Revd and Rt Hon. The Lord Harries of PentregarthRichard Harries, Baron Harries of PentregarthRichard Douglas Harries, Baron Harries of Pentregarth is a retired bishop of the Church of England. He was the 41st Bishop of Oxford from 1987 to 2006. Since 2008 he has been the Gresham Professor of Divinity.-Education and army career:...
(formerly Bishop of OxfordBishop of OxfordThe Bishop of Oxford is the diocesan bishop of the Church of England Diocese of Oxford in the Province of Canterbury; his seat is at Christ Church Cathedral, Oxford...
) - The Rt Hon. Lord Justice MummeryJohn MummerySir John Mummery PC, DL is a Lord Justice of Appeal and President of the Investigatory Powers Tribunal and member of the Court of Ecclesiastical Causes Reserved in the UK.-Biography:...
- The Rt Revd and Rt Hon. The Lord Hope of Thornes, KCVO, PCDavid Hope, Baron Hope of ThornesDavid Michael Hope, Baron Hope of Thornes KCVO PC was the Archbishop of York in the Church of England from 1995 to 2005.-Early career:...
(formerly Archbishop of YorkArchbishop of YorkThe Archbishop of York is a high-ranking cleric in the Church of England, second only to the Archbishop of Canterbury. He is the diocesan bishop of the Diocese of York and metropolitan of the Province of York, which covers the northern portion of England as well as the Isle of Man...
) - The Rt Revd Tom Wright (Bishop of Durham)
Former members
- Right Honourable Lord Justice Gibson (appointed in 1986) (reappointed in 1992)
- Lord Lloyd of Berwick, DL PC (reappointed in 1992)
- Right Reverend Eric Kemp, MAMaster of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
FRHistS (Bishop of ChichesterBishop of ChichesterThe Bishop of Chichester is the Ordinary of the Church of England Diocese of Chichester in the Province of Canterbury. The diocese covers the Counties of East and West Sussex. The see is in the City of Chichester where the seat is located at the Cathedral Church of the Holy Trinity...
) (reappointed in 1992) - Right Reverend Ronald GordonArchibald Ronald McDonald GordonArchibald Ronald McDonald Gordon was, amongst other Episcopal appointments, the Anglican Bishop of Portsmouth from 1975 to 1984.-Early years:...
, MAMaster of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
(former Bishop of Portsmouth) (appointed in 1992) - Right Reverend Alexander GrahamAndrew Graham (Bishop of Newcastle)Andrew Alexander Kenny Graham is a retired Anglican bishop.Graham was educated at Tonbridge School and St John's College, Oxford. After a period of study at Ely Theological College he was ordained in 1956. His first post was as a Curate at Hove from where he moved to be a Lecturer at Worcester...
, MAMaster of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
DDDoctor of DivinityDoctor of Divinity is an advanced academic degree in divinity. Historically, it identified one who had been licensed by a university to teach Christian theology or related religious subjects....
DipTh (Bishop of NewcastleBishop of NewcastleThe Bishop of Newcastle is the ordinary of the Church of England's Diocese of Newcastle in the Province of York.The diocese at present covers the County of Northumberland and the Alston Moor area of Cumbria...
) (appointed in 1992) - Right Reverend Richard Say, MAMaster of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
DDDoctor of DivinityDoctor of Divinity is an advanced academic degree in divinity. Historically, it identified one who had been licensed by a university to teach Christian theology or related religious subjects....
(Bishop of RochesterBishop of RochesterThe Bishop of Rochester is the ordinary of the Church of England Diocese of Rochester in the Province of Canterbury.The diocese covers the west of the county of Kent and is centred in the city of Rochester where the bishop's seat is located at the Cathedral Church of Christ and the Blessed Virgin...
) - Right Reverend Kenneth Woollcombe, MAMaster of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
(former Bishop of OxfordBishop of OxfordThe Bishop of Oxford is the diocesan bishop of the Church of England Diocese of Oxford in the Province of Canterbury; his seat is at Christ Church Cathedral, Oxford...
).