Court of Ecclesiastical Causes Reserved explained

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. Appeals from the court are heard in a Commission of Review.[1]

Activity

The Court of Ecclesiastical Causes Reserved was created in 1963 with appellate jurisdiction in matters of doctrine, ritual or ceremonial.

Complaints against priests or deacons may be vetoed by their bishop and those against a bishop by the appropriate 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 2012, the court has sat in only two cases:[2]

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.[5]

Composition

The court's five judges are appointed by the Sovereign. 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 bishops.

In criminal cases there must be not be fewer 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 to the court by royal warrant under the royal sign manual for a five-year term beginning on 1 December 2021:

Former members

!Name!Position (at time of appointment)!Began!Re-appointed!References
Sir Anthony John Leslie Lloyd23 October 1984
Sir Hugh Harry Valentine Forbes23 October 1984
Richard Harries23 October 1984
Richard David Say23 October 1984
Kenneth John WoollcombeFormer Lord Bishop of Oxford23 October 1984
Sir Ralph Brian Gibson10 June 19861 February 1992
Eric Waldram KempLord Bishop of Chichester23 October 19841 February 1992
Sir Anthony John Leslie Lloyd1 February 1992
Archibald Ronald McDonald GordonLord Bishop of Portsmouth 1 February 1992
Andrew Alexander Kenny GrahamLord Bishop of Newcastle1 February 1992
The Baroness Butler-SlossFormer President of the Family Division1 July 2006
The Lord Harries of PentregarthFormer Lord Bishop of Oxford1 July 2006
Sir John Frank MummeryLord Justice of Appeal1 July 2006
The Lord Hope of ThornesFormer Archbishop of York1 July 2006
Nicholas Thomas WrightLord Bishop of Durham1 July 2006
Christopher John CocksworthLord Bishop of Coventry1 July 2015
Sir Christopher Simon Courtenay Stephenson ClarkeJustice of the High Court of Justice1 July 2015
Lord Hughes of OmbersleyJustice of the Supreme Court1 July 2015
David Stuart WalkerLord Bishop of Manchester1 July 2015
Martin Clive WarnerLord Bishop of Chichester1 July 2015

External links

Notes and References

  1. https://www.churchofengland.org/about/leadership-and-governance/ecclesiastical-courts
  2. Web site: The Court of Ecclesiastical Causes Reserved: England’s Inquisition . Philip . Jones . EcclesiasticalLaw. 31 August 2012.
  3. 1985
  4. 1987
  5. Web site: Henry Moore - Works in Public - Circular Altar 1972 (LH 630). henry-moore.org. 24 November 2010. 3 March 2012. https://web.archive.org/web/20120303053421/http://www.henry-moore.org/works-in-public/world/uk/london/church-of-st-stephen-walbrook/circular-altar-1972-630. dead.