Ecclesiastical court
Encyclopedia
An ecclesiastical court is any of certain court
s 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. They were experts in interpreting Canon law
, a basis of which was the Corpus Juris Civilis
of Justinian
which is considered the source of the civil law
legal tradition.
are governed by the Code of Canon Law in the case of the Western Church (Latin or Roman Rite), and the Code of Canons of the Oriental Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent massive revisions in the late 20th century, resulting in the new code for the Latin Rite in 1983, and the compilation for the first time of the Eastern Rite Code in 1990.
(i.e. the diocese
or eparchy
) of the parties to the case. This tribunal in canon law is called the tribunal of first instance. The bishop of the church possesses the power to judge for his church; however, since the bishop has many different duties in his diocese, most cases are handled by judge
s whom he appoints, led by a priest known as the judicial vicar
or officialis.
A single judge can handle normal contentious and penal cases. A college of at least three judges, however, must try cases involving an excommunication, the dismissal of a cleric, or a contested marriage or ordination annulment (can. 1425 §1). The bishop can assign up to five judges to a case that is very difficult or important (can. 1425 §2). Otherwise, the judicial vicar assigns cases to the judges and, in those cases which require three or more judges, presides over the panel or assigns one of his assistant judicial vicars to preside, if there are any. The judicial vicar and the assistant judicial vicars must be priest
s with doctorate
s or at least licenses in canon law
. The other judges need only be clerics with licenses, but the episcopal conference
can permit members of the laity
with the same academic qualifications to serve as judges on a panel.
There are other officers of the tribunal. The promoter of justice, for instance, is a canon lawyer whose job is to represent the diocese as the prosecutor in penal cases and who also can intervene in contentious cases if they concern the "public good", acting as a watch dog for the people of the diocese. Another important officer is the defender of the bond, another canon lawyer whose job is to present reasons to the tribunal why a marriage
is valid in cases of alleged nullity and why an ordination
is valid in the rare cases of alleged nullity of Holy Orders
. The tribunal also has notaries who swear in witnesses and commit their testimony to writing. Like any good legal system, parties in a case have the right to appoint an advocate who can argue for them at the tribunal. If a person cannot afford an advocate, the tribunal can assign one to them free of charge.
Unlike courts of common law
tradition, ecclesiastical tribunals do not follow the adversarial system
. Based on the same Roman civil law
that is behind much European law, the procedure of a canonical court is more akin to the inquisitorial system
, with the judges leading the investigation. As a general rule, the defendant has the favorable presumption of law, which means that the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner's case (can. 1608). This presumption also applies in penal cases (can. 1728). There are few exceptions to this rule; in those cases, the burden shifts to the defendant.
Some matters cannot be introduced at the diocesan level and can only be introduced before the following:
is known as the tribunal of second instance. Normally the second instance tribunal is the tribunal of the metropolitan bishop
. In the case where the appeal is from a first instance decision of the metropolitan's own tribunal, the appeal is taken to a court which the metropolitan designated with approval of the Holy See
, usually another nearby metropolitan, thus ensuring that appeals from one diocese are never heard by the same diocese. As an example, a case in the Diocese of Springfield, Massachusetts would be appealed to the tribunal of the Archdiocese of Boston, but a case originating in the Archdiocese of Boston would be appealed to the tribunal of the Archdiocese of New York, by agreement between the archbishops of New York and Boston.
Some cases are automatically appealed (for instance, when a marriage is found to be null). The appealing party does not need to appeal to the metropolitan; the party can instead appeal to the Holy See
, in which case the Roman Rota would hear the case in the second instance. If the case was before the Rota in the first instance, then a different panel of the Rota hears it in the second instance.
With the exception of annulment cases, if the first instance and second instance tribunals agree on the result of the case, then the case becomes res judicata
and there is no further appeal. If they disagree, then the case can be appealed to the Roman Rota, which serves as the tribunal of third instance. The Rota is a court of fifteen judges called auditors who take cases in panels of three and serve as the final arbiters of most cases.
There is no appeal from a court case that the Pope has decided personally.
has two other tribunals which either deal with specialized cases or which do not deal with cases at all. The first is the Apostolic Signatura
, a panel of five cardinal
s which serves as the highest court in the Roman Catholic Church. Normal cases rarely reach the Signatura, the exception being if a party appeals to the Pope and he assigns the case to them or if the Pope on his own initiative pulls a case from another court and gives it to them. The court mainly handles cases regarding the use of administrative power, including penal cases which were decided using executive instead of judicial power, which is the usual case. It also handles disputes between dicasteries and other tribunals over jurisdiction, complaints that a Rotal decision is null and should be retried, and matters regarding advocates and inter-diocesan tribunals.
There is normally no right of appeal from the decision of the Apostolic Signatura (can. 1629 #1); however, laypersons and clerics have rarely convinced the Pope to hear their case afterwards, usually if they are facing excommunication or some other form of severe censure, such as the loss of the right to teach theology or to administer the sacraments (a theologian and priest who faced censure got Pope John Paul II to hear his case and even asked the Pope to alter his own decision, though the Pope did not reverse the ruling in either case).
The other tribunal is the Apostolic Penitentiary
. This tribunal has no jurisdiction in the what is known as "the external forum," meaning cases and events which are publicly known, only matters of the "internal forum," which involve entirely confidential and secret matters, including (but not limited to) what is confessed in the Sacrament of Penance. It primarily deals with cases that arise only within the confessional and which by their nature are private, confidential or whose facts are secret. Such cases are normally brought before the court by a person's confessor, who writes up the relevant facts of the cases, but only what is absolutely necessary, using standardized Latin pseudonyms. The confidentiality of the person, and the priest's absolute obligation to preserve the secrecy of the Sacrament of Penance, are still in force in such cases. This court, under the authority of the Cardinal Major Penitentiary, who acts in the Pope's name, answers the confessor and empowers him to impose a penance and lift a penalty. For instance, the act of desecrating the Eucharist is one which incurs an automatic excommunication for the person who so acts (an excommunication from the moment of the act, which no court need actually meet to impose), and the power to lift this excommunication is reserved by the Pope to himself. Should this person then approach a priest in confession, repentant, and explain his act and the fact that he acted in secret, the confessor would write to the tribunal laying out the simplest outline of facts, keeping the person's identity secret, and would most likely be empowered to lift the excommunication and impose some private act of penance on the person.
, the Ecclesiastical Courts are a system of courts, held by authority of the Crown
, whose wearer is the Supreme Governor of the Church of England
. The courts have jurisdiction over matters dealing with the rights and obligations of church members, now limited to controversies in areas of church property and ecclesiastical disciplinary proceedings. In England these courts, unlike common law courts, are based upon and operate along civil law
procedures and Canon law
-based jurisprudence.
Offences against ecclesiastical laws are dealt with differently based on whether the laws in question involve church doctrine. For non-doctrinal cases, the lowest level of the court is the Archdeaconry Court, which is presided over by the local Archdeacon. The next court in the hierarchy is the Bishop's Court, which is in the diocese of Canterbury called the Commissary Court
and in other dioceses the Consistory Court
. The Commissary Court is presided over by a commissary-general; a Consistory Court is presided over by a chancellor. The chancellor or commissiary-general must be thirty years old and either have a seven-year general qualification under the Courts and Legal Services Act 1990
s 71 or have held high judicial office.
Specialist courts in the Province of Canterbury are the Court of Faculties
, the Court of Peculiars
and the Court of the Vicar-General of the Province of Canterbury
. In the northern province there is the Court of the Vicar-General of the Province of York
.
The next court is the Archbishop's Court, which is in Canterbury called the Arches Court
, and in York the Chancery Court
. Each court includes five judges; one judge is common to both courts. The common judge is called the Dean of Arches
in Canterbury and the Auditor in York; he or she is appointed jointly by both Archbishops with the approval of the Crown, and must either hold a ten-year High Court qualification under the Courts and Legal Services Act 1990, s 71, or have held high judicial office. Two members of each court must be clergy appointed by the Prolocutor of the Lower House of the provincial Convocation. Two further members of each court are appointed by the Chairman of the House of Laity of the General Synod; these must possess such legal qualifications as the Lord High Chancellor of Great Britain
requires.
In cases involving church doctrine, ceremony or ritual, the aforementioned courts have no jurisdiction. Instead, the Court of Ecclesiastical Causes Reserved
hears the case. The Court is composed of three diocesan bishops and two appellate judges; it has jurisdiction over both of the provinces of Canterbury and York. The Court, however, meets very rarely.
Appeal from the Arches Court and Chancery Court (in non-doctrinal cases) lies to the Queen-in-Council. In practice, the case is heard by the Judicial Committee of the Privy Council
, which includes present and former Lords Chancellor, a number of Lords of Appeal
and other high judicial officers. The Queen-in-Council does not have jurisdiction over doctrinal cases from the Court of Ecclesiastical Causes Reserved, which instead go to an ad hoc Commission of Review
, composed of two diocesan Bishops and three Lords of Appeal (who are also members of the Judicial Committee).
Commissions of Convocation are appointed by the Upper House of the Convocation
of Canterbury or of York to try a bishop for an offence (except for an offence of doctrine). Both Convocations make the appointment if an Archbishop is prosecuted. This would comprise four diocesan bishops and the Dean of the Arches.
, has provided in its canons for a court with broader jurisdiction over a wide range of canonical issues, although such a court has not yet been implemented by the convention of that diocese.) In each disciplinary case, two courts are provided, one for trials and one for appeals. When a charge is first made, it is brought before an initial review committee (similar to a grand jury
in secular criminal law) whose job is to determine when a case should be brought and to supervise the Church Attorney who acts as a sort of prosecutor
.
Courts and procedure for trials of bishops are provided for by the Canons of the General Convention (the triennial legislative body of the national church). There is one Court for the Trial of a Bishop, composed of nine bishops (though there have been proposals to include lay persons and lower clergy in this court). Appeals are heard by the Court of Review for the Trial of a Bishop, also comprising nine bishops. The Constitution of the national Episcopal Church provides that this court must be composed only of bishops.
For priests and deacons, initial trial is held by an ecclesiastical court established by the diocese in which the cleric is canonically resident. Appeals are taken to the Court of Review for the Trial of a Priest or Deacon, one of which is established in each of the nine provinces of the Episcopal Church (a province is a geographic combination of dioceses). Dioceses have some discretion about the procedure and membership for the ecclesiastical court, but most rules and procedure is established church-wide by the national canons. Trial courts are made up of lay persons and of priests or deacons, with the clergy to have a majority by one. The various courts of review comprise one bishop, three priests or deacons, and three lay persons.
Since the 18th century the Constitution of the national Episcopal Church has permitted the creation of a national Court of Appeal, which would be "solely for the review of the determination of any Court of Review on questions of Doctrine, Faith, or Worship". No such court has ever been created, though proposals have occasionally been made to establish the House of Bishops
itself as such a court, and such a system would likely be a robust exercise of the Church's right of self-governance under the First Amendment of the U.S. Constitution.
, have their own ecclesiastical courts. In addition, the Russian Orthodox Church has a General Ecclesiastical Court with jurisdiction throughout the Russian Orthodox Church, as well as the Court of the Bishops’ Council which serves as the court of final appeal.
The Greek Orthodox churches have ecclesiastical courts. For example, the Archdiocese of Thyateira and Great Britain
under the spiritual jurisdiction of the Patriarchate of Constantinople has such courts for determining whether to grant divorce after the State has.
. It consists of nine members, both laity and clergy, elected by the General Conference for an eight year term. The ratio of laity to clergy alternates every four years. The Judicial Council interprets the Book of Discipline between sessions of General Conference, and during General Conference, the Judicial Council rules on the constitutionality of laws passed by General Conference. The Council also determines whether actions of local churches, annual conferences, church agencies, and bishops are in accordance with church law. The Council reviews all decisions of law made by bishops The Judicial Council cannot create any legislation; it can only interpret existing legislation. The Council meets twice a year at various locations throughout the world. The Judicial Council also hears appeals from those who have been accused of chargeable offenses that can result in defrocking or revocation of membership.
has Permanent Judicial Commissions for each synod, presbytery and the General Assembly of the denomination, all of which are elected by members and are composed of ministers and elders subject to its jurisdiction. The PJC of the General Assembly consists of one member from each of the sixteen synods which compose the denomination and has original jurisdiction over remedial cases and appeals.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s having jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
mainly in spiritual or religious matters. In the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
in many areas of Europe these courts had much wider powers than before the development of nation states. They were experts in interpreting Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, a basis of which was the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
of Justinian
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
which is considered the source of the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
legal tradition.
Roman Catholic Church
The courts of the Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
are governed by the Code of Canon Law in the case of the Western Church (Latin or Roman Rite), and the Code of Canons of the Oriental Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent massive revisions in the late 20th century, resulting in the new code for the Latin Rite in 1983, and the compilation for the first time of the Eastern Rite Code in 1990.
Original jurisdiction
Cases normally originate in the tribunal of the particular churchParticular Church
In Catholic canon law, a Particular Church is an ecclesial community headed by a bishop or someone recognised as the equivalent of a bishop.There are two kinds of particular Churches:# Local particular Churches ...
(i.e. the diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
or eparchy
Eparchy
Eparchy is an anglicized Greek word , authentically Latinized as eparchia and loosely translating as 'rule over something,' like province, prefecture, or territory, to have the jurisdiction over, it has specific meanings both in politics, history and in the hierarchy of the Eastern Christian...
) of the parties to the case. This tribunal in canon law is called the tribunal of first instance. The bishop of the church possesses the power to judge for his church; however, since the bishop has many different duties in his diocese, most cases are handled by judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s whom he appoints, led by a priest known as the judicial vicar
Judicial vicar
In the Roman Catholic Church, a judicial vicar is an officer of the diocese who has ordinary power to judge cases in the diocesan ecclesiastical court...
or officialis.
A single judge can handle normal contentious and penal cases. A college of at least three judges, however, must try cases involving an excommunication, the dismissal of a cleric, or a contested marriage or ordination annulment (can. 1425 §1). The bishop can assign up to five judges to a case that is very difficult or important (can. 1425 §2). Otherwise, the judicial vicar assigns cases to the judges and, in those cases which require three or more judges, presides over the panel or assigns one of his assistant judicial vicars to preside, if there are any. The judicial vicar and the assistant judicial vicars must be 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...
s with doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
s or at least licenses in canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
. The other judges need only be clerics with licenses, but the episcopal conference
Episcopal Conference
In the Roman Catholic Church, an Episcopal Conference, Conference of Bishops, or National Conference of Bishops is an official assembly of all the bishops of a given territory...
can permit members of the laity
Laity
In religious organizations, the laity comprises all people who are not in the clergy. A person who is a member of a religious order who is not ordained legitimate clergy is considered as a member of the laity, even though they are members of a religious order .In the past in Christian cultures, the...
with the same academic qualifications to serve as judges on a panel.
There are other officers of the tribunal. The promoter of justice, for instance, is a canon lawyer whose job is to represent the diocese as the prosecutor in penal cases and who also can intervene in contentious cases if they concern the "public good", acting as a watch dog for the people of the diocese. Another important officer is the defender of the bond, another canon lawyer whose job is to present reasons to the tribunal why a marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
is valid in cases of alleged nullity and why an ordination
Ordination
In general religious use, ordination is the process by which individuals are consecrated, that is, set apart as clergy to perform various religious rites and ceremonies. The process and ceremonies of ordination itself varies by religion and denomination. One who is in preparation for, or who is...
is valid in the rare cases of alleged nullity of Holy Orders
Holy Orders
The term Holy Orders is used by many Christian churches to refer to ordination or to those individuals ordained for a special role or ministry....
. The tribunal also has notaries who swear in witnesses and commit their testimony to writing. Like any good legal system, parties in a case have the right to appoint an advocate who can argue for them at the tribunal. If a person cannot afford an advocate, the tribunal can assign one to them free of charge.
Unlike courts of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tradition, ecclesiastical tribunals do not follow the adversarial system
Adversarial system
The adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case...
. Based on the same Roman civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
that is behind much European law, the procedure of a canonical court is more akin to the inquisitorial system
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
, with the judges leading the investigation. As a general rule, the defendant has the favorable presumption of law, which means that the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner's case (can. 1608). This presumption also applies in penal cases (can. 1728). There are few exceptions to this rule; in those cases, the burden shifts to the defendant.
Some matters cannot be introduced at the diocesan level and can only be introduced before the following:
- Appellate tribunal for the diocese: cases against the diocese itself or an institution represented by the diocesan bishop
- Roman Rota: cases against the heads of religious orders, cases against dioceses or church institutions that are immediately subject to the Holy SeeHoly SeeThe Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, and non-penal cases against bishops - The PopePopeThe Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
himself: any case where a cardinalCardinal (Catholicism)A cardinal is a senior ecclesiastical official, usually an ordained bishop, and ecclesiastical prince of the Catholic Church. They are collectively known as the College of Cardinals, which as a body elects a new pope. The duties of the cardinals include attending the meetings of the College and...
, Eastern riteEastern Rite Catholic ChurchesThe Eastern Catholic Churches are autonomous, self-governing particular churches in full communion with the Bishop of Rome, the Pope. Together with the Latin Church, they compose the worldwide Catholic Church...
patriarchPatriarchOriginally a patriarch was a man who exercised autocratic authority as a pater familias over an extended family. The system of such rule of families by senior males is called patriarchy. This is a Greek word, a compound of πατριά , "lineage, descent", esp...
, papal legatePapal legateA papal legate – from the Latin, authentic Roman title Legatus – is a personal representative of the pope to foreign nations, or to some part of the Catholic Church. He is empowered on matters of Catholic Faith and for the settlement of ecclesiastical matters....
, or head of stateHead of StateA head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
is a defendant and any penal case involving a bishopBishopA 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...
.
Appeal
The appellate tribunalAppellate 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...
is known as the tribunal of second instance. Normally the second instance tribunal is the tribunal of the metropolitan bishop
Metropolitan bishop
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis; that is, the chief city of a historical Roman province, ecclesiastical province, or regional capital.Before the establishment of...
. In the case where the appeal is from a first instance decision of the metropolitan's own tribunal, the appeal is taken to a court which the metropolitan designated with approval of the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, usually another nearby metropolitan, thus ensuring that appeals from one diocese are never heard by the same diocese. As an example, a case in the Diocese of Springfield, Massachusetts would be appealed to the tribunal of the Archdiocese of Boston, but a case originating in the Archdiocese of Boston would be appealed to the tribunal of the Archdiocese of New York, by agreement between the archbishops of New York and Boston.
Some cases are automatically appealed (for instance, when a marriage is found to be null). The appealing party does not need to appeal to the metropolitan; the party can instead appeal to the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, in which case the Roman Rota would hear the case in the second instance. If the case was before the Rota in the first instance, then a different panel of the Rota hears it in the second instance.
With the exception of annulment cases, if the first instance and second instance tribunals agree on the result of the case, then the case becomes res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
and there is no further appeal. If they disagree, then the case can be appealed to the Roman Rota, which serves as the tribunal of third instance. The Rota is a court of fifteen judges called auditors who take cases in panels of three and serve as the final arbiters of most cases.
There is no appeal from a court case that the Pope has decided personally.
Other tribunals
The Roman CuriaRoman Curia
The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...
has two other tribunals which either deal with specialized cases or which do not deal with cases at all. The first is the Apostolic Signatura
Apostolic Signatura
The Supreme Tribunal of the Apostolic Signatura is the highest judicial authority in the Catholic Church...
, a panel of five cardinal
Cardinal (Catholicism)
A cardinal is a senior ecclesiastical official, usually an ordained bishop, and ecclesiastical prince of the Catholic Church. They are collectively known as the College of Cardinals, which as a body elects a new pope. The duties of the cardinals include attending the meetings of the College and...
s which serves as the highest court in the Roman Catholic Church. Normal cases rarely reach the Signatura, the exception being if a party appeals to the Pope and he assigns the case to them or if the Pope on his own initiative pulls a case from another court and gives it to them. The court mainly handles cases regarding the use of administrative power, including penal cases which were decided using executive instead of judicial power, which is the usual case. It also handles disputes between dicasteries and other tribunals over jurisdiction, complaints that a Rotal decision is null and should be retried, and matters regarding advocates and inter-diocesan tribunals.
There is normally no right of appeal from the decision of the Apostolic Signatura (can. 1629 #1); however, laypersons and clerics have rarely convinced the Pope to hear their case afterwards, usually if they are facing excommunication or some other form of severe censure, such as the loss of the right to teach theology or to administer the sacraments (a theologian and priest who faced censure got Pope John Paul II to hear his case and even asked the Pope to alter his own decision, though the Pope did not reverse the ruling in either case).
The other tribunal is the Apostolic Penitentiary
Apostolic Penitentiary
The Apostolic Penitentiary, formerly called the Supreme Tribunal of the Apostolic Penitentiary, is one of the three tribunals of the Roman Curia. The Apostolic Penitentiary is chiefly a tribunal of mercy, responsible for issues relating to the forgiveness of sins in the Catholic Church.The...
. This tribunal has no jurisdiction in the what is known as "the external forum," meaning cases and events which are publicly known, only matters of the "internal forum," which involve entirely confidential and secret matters, including (but not limited to) what is confessed in the Sacrament of Penance. It primarily deals with cases that arise only within the confessional and which by their nature are private, confidential or whose facts are secret. Such cases are normally brought before the court by a person's confessor, who writes up the relevant facts of the cases, but only what is absolutely necessary, using standardized Latin pseudonyms. The confidentiality of the person, and the priest's absolute obligation to preserve the secrecy of the Sacrament of Penance, are still in force in such cases. This court, under the authority of the Cardinal Major Penitentiary, who acts in the Pope's name, answers the confessor and empowers him to impose a penance and lift a penalty. For instance, the act of desecrating the Eucharist is one which incurs an automatic excommunication for the person who so acts (an excommunication from the moment of the act, which no court need actually meet to impose), and the power to lift this excommunication is reserved by the Pope to himself. Should this person then approach a priest in confession, repentant, and explain his act and the fact that he acted in secret, the confessor would write to the tribunal laying out the simplest outline of facts, keeping the person's identity secret, and would most likely be empowered to lift the excommunication and impose some private act of penance on the person.
Church of England
In the Church of EnglandChurch 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...
, the Ecclesiastical Courts are a system of courts, held by authority of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, whose wearer is the Supreme Governor of the Church of England
Supreme Governor of the Church of England
The Supreme Governor of the Church of England is a title held by the British monarchs which signifies their titular leadership over the Church of England. Although the monarch's authority over the Church of England is not strong, the position is still very relevant to the church and is mostly...
. The courts have jurisdiction over matters dealing with the rights and obligations of church members, now limited to controversies in areas of church property and ecclesiastical disciplinary proceedings. In England these courts, unlike common law courts, are based upon and operate along civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
procedures and Canon law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
-based jurisprudence.
Offences against ecclesiastical laws are dealt with differently based on whether the laws in question involve church doctrine. For non-doctrinal cases, the lowest level of the court is the Archdeaconry Court, which is presided over by the local Archdeacon. The next court in the hierarchy is the Bishop's Court, which is in the diocese of Canterbury called the Commissary Court
Commissary Court
The term Commissary Court is in use in Scots law and in the Church of England.-Scots law:At the Scottish Reformation in 1560, the system of consistorial courts where bishops exercised their civil jurisdiction over executry and matrimonial cases broke down. This led to such confusion that Commissary...
and in other dioceses the Consistory Court
Consistory court
The consistory court is a type of ecclesiastical court, especially within the Church of England. They were established by a charter of King William I of England, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter...
. The Commissary Court is presided over by a commissary-general; a Consistory Court is presided over by a chancellor. The chancellor or commissiary-general must be thirty years old and either have a seven-year general qualification under the Courts and Legal Services Act 1990
Courts and Legal Services Act 1990
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales...
s 71 or have held high judicial office.
Specialist courts in the Province of Canterbury are the Court of Faculties
Court of Faculties
Under English ecclesiastical law, the Court of Faculties is a tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury....
, the Court of Peculiars
Court of Peculiars
The Court of Peculiars is an ecclesiastical court of the Church of England.The court sits with a Dean, who is also the Dean of the Arches. The Registrars are the Joint Provincial Registrars. The Court of Peculiars deals with all legal matters from peculiar parishes in the province...
and the Court of the Vicar-General of the Province of Canterbury
Court of the Vicar-General of the Province of Canterbury
The Court of the Vicar-General of the Province of Canterbury is responsible for granting marriage licences in the Province of Canterbury of the Church of England. The Vicar-General is distinct from the Dean of the Arches. The Registrars are the Joint Provincial Registrars...
. In the northern province there is the Court of the Vicar-General of the Province of York
Court of the Vicar-General of the Province of York
The Court of the Vicar-General of the Province of York is responsible for granting Marriage Licences in the Province of York of the Church of England. The Vicar-General of the Province and Official Principal of the Consistory Court is distinct from the Dean of the Arches...
.
The next court is the Archbishop's Court, which is in Canterbury called the Arches Court
Arches Court
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.-Provincial Court:...
, and in York the Chancery Court
Chancery Court
The Chancery Court of York is an ecclesiastical court for the Province of York of the Church of England.The presiding officer, the Official Principal and Auditor, has been the same person as the Dean of the Arches since the nineteenth century . The Court comprises the Auditor, two clergy and two...
. Each court includes five judges; one judge is common to both courts. The common judge is called the Dean of Arches
Dean of Arches
The Dean of Arches is the judge who sits at the ecclesiastical court of the Archbishop of Canterbury in England. This appeal court is commonly called the Arches Court....
in Canterbury and the Auditor in York; he or she is appointed jointly by both Archbishops with the approval of the Crown, and must either hold a ten-year High Court qualification under the Courts and Legal Services Act 1990, s 71, or have held high judicial office. Two members of each court must be clergy appointed by the Prolocutor of the Lower House of the provincial Convocation. Two further members of each court are appointed by the Chairman of the House of Laity of the General Synod; these must possess such legal qualifications as the Lord High Chancellor of Great Britain
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
requires.
In cases involving church doctrine, ceremony or ritual, the aforementioned courts have no jurisdiction. Instead, the Court of Ecclesiastical Causes Reserved
Court of Ecclesiastical Causes Reserved
The Court of Ecclesiastical Causes Reserved is an appellate court within the hierarchy of ecclesiastical courts 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...
hears the case. The Court is composed of three diocesan bishops and two appellate judges; it has jurisdiction over both of the provinces of Canterbury and York. The Court, however, meets very rarely.
Appeal from the Arches Court and Chancery Court (in non-doctrinal cases) lies to the Queen-in-Council. In practice, the case is heard by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, which includes present and former Lords Chancellor, a number of Lords of Appeal
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
and other high judicial officers. The Queen-in-Council does not have jurisdiction over doctrinal cases from the Court of Ecclesiastical Causes Reserved, which instead go to an ad hoc Commission of Review
Commission of Review
A Commission of Review is an ad hoc court of the Church of England.A Commission of Review may be appointed by Her Majesty The Queen on the petition of an appellant to hear appeals from the Court for Ecclesiastical Causes Reserved in matters of doctrine, ritual or ceremony; and from the Commissions...
, composed of two diocesan Bishops and three Lords of Appeal (who are also members of the Judicial Committee).
Commissions of Convocation are appointed by the Upper House of the Convocation
Convocation
A Convocation is a group of people formally assembled for a special purpose.- University use :....
of Canterbury or of York to try a bishop for an offence (except for an offence of doctrine). Both Convocations make the appointment if an Archbishop is prosecuted. This would comprise four diocesan bishops and the Dean of the Arches.
Episcopal Church in the United States of America
Ecclesiastical courts in the American Episcopal Church have jurisdiction only over disciplinary cases involving clergy and are divided into two separate systems: one for trials of bishops (at the level of the national Episcopal Church) and the other for trials of priests and deacons (at the level of the diocese for original jurisdiction and at the provincial level for appeals). (At least one diocese, however, Diocese of MinnesotaEpiscopal Diocese of Minnesota
The Episcopal Diocese of Minnesota is the diocese of the Episcopal Church in the United States of America which has jurisdiction over all of Minnesota, except Clay County, which is in the Episcopal Diocese of North Dakota, and Browns Valley, which is in the Episcopal Diocese of South Dakota. It is...
, has provided in its canons for a court with broader jurisdiction over a wide range of canonical issues, although such a court has not yet been implemented by the convention of that diocese.) In each disciplinary case, two courts are provided, one for trials and one for appeals. When a charge is first made, it is brought before an initial review committee (similar to a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
in secular criminal law) whose job is to determine when a case should be brought and to supervise the Church Attorney who acts as a sort of prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
.
Courts and procedure for trials of bishops are provided for by the Canons of the General Convention (the triennial legislative body of the national church). There is one Court for the Trial of a Bishop, composed of nine bishops (though there have been proposals to include lay persons and lower clergy in this court). Appeals are heard by the Court of Review for the Trial of a Bishop, also comprising nine bishops. The Constitution of the national Episcopal Church provides that this court must be composed only of bishops.
For priests and deacons, initial trial is held by an ecclesiastical court established by the diocese in which the cleric is canonically resident. Appeals are taken to the Court of Review for the Trial of a Priest or Deacon, one of which is established in each of the nine provinces of the Episcopal Church (a province is a geographic combination of dioceses). Dioceses have some discretion about the procedure and membership for the ecclesiastical court, but most rules and procedure is established church-wide by the national canons. Trial courts are made up of lay persons and of priests or deacons, with the clergy to have a majority by one. The various courts of review comprise one bishop, three priests or deacons, and three lay persons.
Since the 18th century the Constitution of the national Episcopal Church has permitted the creation of a national Court of Appeal, which would be "solely for the review of the determination of any Court of Review on questions of Doctrine, Faith, or Worship". No such court has ever been created, though proposals have occasionally been made to establish the House of Bishops
House of Bishops
The House of Bishops is the third House in a General Synod of some Anglican churches and the second house in the General Convention of the Episcopal Church in the United States of America.-Composition of Houses of Bishops:...
itself as such a court, and such a system would likely be a robust exercise of the Church's right of self-governance under the First Amendment of the U.S. Constitution.
Orthodox churches
The dioceses of many Orthodox denominations, such as the Russian Orthodox ChurchRussian Orthodox Church
The Russian Orthodox Church or, alternatively, the Moscow Patriarchate The ROC is often said to be the largest of the Eastern Orthodox churches in the world; including all the autocephalous churches under its umbrella, its adherents number over 150 million worldwide—about half of the 300 million...
, have their own ecclesiastical courts. In addition, the Russian Orthodox Church has a General Ecclesiastical Court with jurisdiction throughout the Russian Orthodox Church, as well as the Court of the Bishops’ Council which serves as the court of final appeal.
The Greek Orthodox churches have ecclesiastical courts. For example, the Archdiocese of Thyateira and Great Britain
Archdiocese of Thyateira and Great Britain
The Archdiocese of Thyateira and Great Britain is an Archdiocese of the Eastern Orthodox Church, part of the Ecumenical Patriarchate of Constantinople. Its present head is His Eminence Archbishop Gregorios . Its jurisdiction covers those Orthodox Christians living in Great Britain, the Isle of Man,...
under the spiritual jurisdiction of the Patriarchate of Constantinople has such courts for determining whether to grant divorce after the State has.
United Methodist Church
The Judicial Council is the highest court in the United Methodist ChurchUnited Methodist Church
The United Methodist Church is a Methodist Christian denomination which is both mainline Protestant and evangelical. Founded in 1968 by the union of The Methodist Church and the Evangelical United Brethren Church, the UMC traces its roots back to the revival movement of John and Charles Wesley...
. It consists of nine members, both laity and clergy, elected by the General Conference for an eight year term. The ratio of laity to clergy alternates every four years. The Judicial Council interprets the Book of Discipline between sessions of General Conference, and during General Conference, the Judicial Council rules on the constitutionality of laws passed by General Conference. The Council also determines whether actions of local churches, annual conferences, church agencies, and bishops are in accordance with church law. The Council reviews all decisions of law made by bishops The Judicial Council cannot create any legislation; it can only interpret existing legislation. The Council meets twice a year at various locations throughout the world. The Judicial Council also hears appeals from those who have been accused of chargeable offenses that can result in defrocking or revocation of membership.
Presbyterian Church USA
The Presbyterian Church (U.S.A.)Presbyterian Church (U.S.A.)
The Presbyterian Church , or PC, is a mainline Protestant Christian denomination in the United States. Part of the Reformed tradition, it is the largest Presbyterian denomination in the U.S...
has Permanent Judicial Commissions for each synod, presbytery and the General Assembly of the denomination, all of which are elected by members and are composed of ministers and elders subject to its jurisdiction. The PJC of the General Assembly consists of one member from each of the sixteen synods which compose the denomination and has original jurisdiction over remedial cases and appeals.