306 



COURT. 



ftcclesiasti 

 cal courts. 



Court, which take cognizance of matters of an ecclesiastical,, 



T"*'*' military, and maritime nature. 



Anciently, there was no distinction between the lay 

 and the ecclesiastical jurisdiction. The bishop of the 

 diocese and the alderman, or, in his absence, the sheriff 

 of the county, used to sit together in the county court, 

 and take cognizance of all causes, ecclesiastical as well 

 as civil. This plan, however, was inconsistent with the 

 policy of the court of Rome, and with the maxims 

 of the canon law, Avhich aimed at making the ec- 

 clesiastical independent of the civil power. But this 

 doctrine was not received in England till after the 

 Norman conquest, Avhen William I. in favour of the 

 clergy, separated the ecclesiastical from the civil juris- 

 diction. The union of the two courts was afterwards 

 restored by king Henry I. upon his accession, confor- 

 mably to the ancient law of the kingdom; but this mea- 

 sure was early disapproved of by the Popish clergy, 

 who, under the direction of that arrogant prelate Arch- 

 bishop Anselm, in their synod at Westminster, 3 Hen. 



1. ordained, that no bishop should attend the discussion 

 of temporal causes, which soon dissolved the recent 

 union. When, upon the death of Henry, the usurper 

 Stephen was brought in and supported by the clergy, 

 one article of the oath which they imposed upon him 

 was,, that ecclesiastical persons and ecclesiastical causes 

 should be subject only to the bishop's jurisdiction; and 

 the two courts have ever since continued distinct. 



Of the ecclesiastical courts, or courts Christian, as 

 they are often called, 1. The Archdeacon's court is the 

 lowest. In the archdeacon's absence, this court is held 

 before a judge appointed by him, called his official. By 

 the statute 24 Henry VIII. an appeal lies from thence to, 



2. The Consistory court of the diocesan bishop, of which 

 the bishop's chancellor, or his commissary, is the judge. 

 From this court there lies an appeal by the same sta- 

 tute to, 3. The court of Arches, which is a court of ap- 

 peal belonging to the archbishop of each province. In 

 this court, the archbishop's principal official receives and 

 determines appeals from the sentences of all inferior ec- 

 clesiastical courts within the province. From him there 

 Jies an appeal, by statute 25 Hen. VI II. c. 19, to the king 

 in chancery. 4. The court of Peculiars is a branch of 

 the court of arches, which has jurisdiction over all those 

 parishes dispersed through the province of Canterbury, 

 in the midst of other dioceses, which are exempt from 

 the ordinary's jurisdiction, and subject to the metropo- 

 litan only. By the statute 25 Hen. VIII. c. 12, an ap- 

 peal lies from this court to the king in chancery. 5. 

 The prerogative court takes cognizance of all testamen- 

 tary causes ; the probate of wills belonging to the arch- 

 bishop of the province, by way of special prerogative. 

 The judge of the prerogative court is appointed by the 

 archbishop, and an appeal lies from him, by the statute 

 25 Hen. VIII. c. 19, to the king in chancery. The great 

 court of appeal, in all ecclesiastical causes, is 6. The court 

 of Delegates, consisting of lords spiritual and temporal, 

 judges of the courts at Westminster, and doctors of the 

 civil law. (See Appeal.) 7- A commission of review is 

 sometimes granted, in extraordinary cases, to revise the 

 sentence of the court of delegates. 



' aiitary The only military court established by the laws of 



', oifri. England is the court of Chivalry, which was formerly 



held before the high constable and earl marshal of Eng- 

 land jointly ; but since the extinction of the former of- 

 fice, In the reign of Henry VIII. it has usually, with 

 respect to civil matters, been held before the earl mar- 

 shal oidy. This court lias cognizance of contracts and 

 itjnei matters touching deeds of amis and war, ant! 



was in great repute during the times of pure chivalry, Court, 

 bait is now grown almost entirely out Of use. An ap- > -"'Y""""*' 

 peal lies from its sentences to the king in person. 



The maritime courts, having jurisdiction in injuries Maritime 

 arising upon the seas, or in parts out of the reach of the Courts, 

 common law, are the court of Admiralty, and its courts 

 of appeal. The court of admiralty is held before the 

 lord high admiral of England, or his deputy. It is usu- 

 ally held at Doctors' Commons in London, and its pro- 

 ceedings are according to the civil law. From the sen- 

 tences of the admiralty judge, an appeal lies to the king 

 in chancery. 



There are also a number of courts of private and spe- p r ; v ate 

 cial jurisdiction in England, some of which are now fal- Courts, 

 len almost entirely into disuse. Such are, 1. The forest 

 courts, instituted for the government of the king's fo- 

 rests in different parts of the kingdom ; and for the pu- 

 nishment of all injuries done to the king's deer or veni' 

 son, to the vert or green swerd, and to the covert in 

 which the deer are lodged. These are the courts of At- 

 tachments, of Regard, of Srvcinmole, and of Justice seal. 

 Since the revolution in 16'88, the forest courts have fal- 

 len into total disuse. 2. Another species of private 

 courts is that of Commissioners of sewers, appointed by 

 a commission under the great seal, at the nomination of 

 the lord chancellor, lord treasurer, and chief justices, 

 pursuant to the statute 23 Hen. VIII. c. 5. This court 

 is subject to the controul of the court of King's Bench. 

 3. The court of Policies of insurance, also appointed by 

 commission ; but on account of its limited jurisdiction, 

 it has fallen into disuse ; and no' new commission lias 

 of late years issued. 4. The court of the Marshalsea, 

 and the Palace court, courts of record instituted for the 

 purpose of hearing and determining causes between the 

 servants of the king's household, and others within the 

 verges. These courts are held once a week in the bo- 

 rough of South wark, and a writ of error lies from thence 

 to the court of King's Bench. 5. The courts of the Prin- 

 cipality of Wales, whence writs of error lie to the Kiirg's 

 Bench. 6. The court of the Duchy of Lancaster, which 

 does not appear to be a court of record. 7- The courts 

 of the Comities palatine of Chester, Lancaster, and Dur- 

 ham, and the court of the Cinque Ports. 8. The Stan- 

 nary courts in Devonshire and Cornwall, for adminis- 

 tering justice among the tinners. No writ of error lies 

 from them to the courts at Westminster, but an appeal 

 from the steward to the under warden ; from him to the 

 lord warden ; from thence to the privy council of the 

 Prince of Wales," as Duke of Cornwall ; and from thence 

 to the king. 9. The several courts within the city of 

 London, (such as the sheriff's court, and the court of 

 hustings,), and other cities, boroughs, and incorporations 

 throughout the kingdom, which are held by prescrip- 

 tion, charter, or act of parliament. The most remark- 

 able species of courts of this description, are the Courts 

 of Bequests and of Conscience, for the recovery of small 

 debts, of which there was one erected in London, by 

 an act of the common council, so early as the reign of 

 Henry VIII. and confirmed by the statutes 1 Jac. I. and 

 3 Jac. I. c. 1 5, since explained and amended by 1 4 Geo. 

 II. c. 10. According to the constitution of this court, 

 two aldermen and four commoners sit twice a week to 

 hear all causes of debt, not exceeding the value of 40s. 

 which they examine in a summary way, by the oath of 

 the parties, or other witnesses, and make such order 

 therein as is consonant to equity and good conscience. 

 Several other courts of conscience have been since erect- 

 ed, on the same plan, in other places. 10. The last spe- 

 cies of private courts which we shall mention, is the. 



