CONSISTORY COURTS

This article appears in Volume V06, Page 979 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: COM-COR

CONSISTORY COURTS , those ecclesiastical courts wherein the

ordinary

ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

jurisdiction of the bishop is exercised (see CoNSISTORY). They exist in every diocese of England. 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. All jurisdiction, both contentious and voluntary, is committed to him under two

separate

SEPARATE

offices, those of official principal and

vicar

VICAR (Lat. vicarius, substitute)

-general; the distinction between the two offices is that the official principal usually exercises contentious jurisdiction and the

vicar

VICAR (Lat. vicarius, substitute)

-general voluntary jurisdiction. (In the province of

York

YORK
YORK (
HOUSE
- HOUSE
- HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in
  Gothic
  - GOTHIC
  it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)
OF)
YORK, EDMUND OF
LANGLEY
- LANGLEY, SAMUEL PIERPONT (1834-1906)
, DUKE OF (1341-1402)
EDWARD
- EDWARD
.html">YORK,
EDWARD
- EDWARD
YORK, FREDERICK
AUGUSTUS
- AUGUSTUS (a name 1 derived from Lat. augeo, increase, i.e. venerable, majestic, Gr. Ee0avr6s)
, DUKE OF (1763-1827)
YORK, RICHARD, DUKE

there is an official principal of the chancery court and a vicar-general of the diocese.) Since about the middle of the 19th century consistory courts have been shorn of much of their importance. Before the year 1858 consistory courts exercised concurrently with the courts of their respective provinces jurisdiction over matrimonial and testamentary matters. This jurisdiction was taken away by the Court of Probate Act 1857 and the Matrimonial Causes Act 1857. They had also corrective jurisdiction over criminous clerks, but this was abrogated by the Church Discipline Act 184o. The principal business of consistory courts is now the dispensing of faculties. The procedure in such is strictly forensic, for all applications for faculties, though they may be unopposed, are commenced by citation, calling on all who may have an

interest

INTEREST

to oppose. From the consistory courts an appeal lies to the provincial courts, i.e. the arches court of Canterbury and the chancery court of

York

YORK
YORK (
HOUSE
- HOUSE
- HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in
  Gothic
  - GOTHIC
  it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)
OF)
YORK, EDMUND OF
LANGLEY
- LANGLEY, SAMUEL PIERPONT (1834-1906)
, DUKE OF (1341-1402)
YORK, EDWARD
YORK, FREDERICK
AUGUSTUS
- AUGUSTUS (a name 1 derived from Lat. augeo, increase, i.e. venerable, majestic, Gr. Ee0avr6s)
, DUKE OF (1763-1827)
YORK, RICHARD, DUKE

. Also, by the Clergy Discipline Act 1892, a clergyman may be prosecuted and tried in a consistory court for immoral acts or conduct. Under this act, either party may appeal either to the provincial court or to the king in council against any judgment of a consistory court.

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