The Arches Court, presided over by the

Dean of Arches The Dean of the Arches is the judge who presides in the provincial ecclesiastical court of the Archbishop of Canterbury. This court is called the Arches Court of Canterbury. It hears appeals from consistory courts and bishop's disciplinary trib ...

, is an

ecclesiastical court An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...

of the

Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...

covering the

Province of Canterbury The Province of Canterbury, or less formally the Southern Province, is one of two ecclesiastical provinces which constitute the Church of England. The other is the Province of York (which consists of 12 dioceses). Overview The Province consist ...

. Its equivalent in the

Province of York The Province of York, or less formally the Northern Province, is one of two ecclesiastical provinces making up the Church of England and consists of 12 dioceses which cover the northern third of England and the Isle of Man. York was elevated to ...

is the Chancery Court. It takes its name from the street-level arched windows of the old crypt of St Mary-le-Bow (''Sancta Maria de Arcubus'') where the court still sits.

Provincial Court

The Court of Arches is the provincial Court of Appeal for Canterbury. It has both

appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

and

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...

. It is presided over by the Dean of the Arches, who is styled ''The Right Honourable and Right Worshipful the Official Principal and Dean of the Arches''. The dean must be a

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

of ten years' High Court standing or the holder or former holder of high judicial office. The appointment is made by the two archbishops jointly. At various times the court has sat in the church of St Mary-le-Bow (''Sancta Maria de arcubus,'' formerly the archbishop's principal peculier in London), whose arches give the court its name. The court used to sit in a large room over the north aisle of the 11th-century crypt adjoining Bow Lane. The room was later rebuilt on an even larger scale, and eventually came to be used as the vestry.Plans of the church and crypt at After the Great Fire it was held in

Doctors' Commons Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawyers, the society had buildi ...

and also at 1 The Sanctuary, Westminster and

St Paul's Cathedral St Paul's Cathedral is an Anglican cathedral in London and is the seat of the Bishop of London. The cathedral serves as the mother church of the Diocese of London. It is on Ludgate Hill at the highest point of the City of London and is a Grad ...

. Its permanent home remains St Mary le Bow, where regular sittings include those to confirm the election of each new diocesan bishop in the province. The Provincial Registry is at 16 Beaumont Street, Oxford OX1 2LZ. The proper jurisdiction of the court is over only the 13 peculiar parishes belonging to the archbishop in

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

. But, as the office of Dean of the Arches is united with that of Principal Official, the dean receives and determines appeals from the sentences of all lesser ecclesiastical courts within the province. Many original suits are also heard, where lesser courts waive jurisdiction by letters of request. Appeal lies with the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

, except on matters of doctrine, ritual or ceremony, which go to the

Court for 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 Provin ...

. There may also be a Deputy Dean. The court normally consists of the dean, two clerks appointed by the prolocutor of the lower house of the appropriate convocation and two lay people appointed by the Chairman of the House of Laity in consultation with the Lord Chancellor. Such appointees will have had judicial experience and be diocesan chancellors. Since 1991 there have been two diocesan chancellors appointed by the dean. All these are assistant provincial court judges. Original jurisdiction was formerly exercised by a separate provincial court, known as the Court of Audience.

History

The jurisdictions called "peculiars" at one time numbered nearly three hundred in England. They were originally introduced by the

Pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...

for the purpose of curtailing a bishop's authority within his

diocese In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided Roman province, pro ...

. The dean of the Arches originally had jurisdiction over the thirteen London parishes mentioned above, but as the official principal was often absent as ambassador on the continent, the dean became his substitute, and gradually the two offices were blended together. The judge of the Arches court was until 1874 appointed by the

Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...

for the life of the holder. But by the

Public Worship Regulation Act 1874 The Public Worship Regulation Act 1874 (37 & 38 Vict c 85) was an Act of Parliament of the United Kingdom, introduced as a Private Member's Bill by Archbishop of Canterbury Archibald Campbell Tait, to limit what he perceived as the growing rit ...

the two archbishops were empowered to appoint a practising barrister or judge as described above. The official principal of the Arches court is the only ecclesiastical judge who is empowered to pass a sentence of deprivation against a clerk in holy orders. The appeals from the decisions of the Arches court were formerly made to the king in chancery, but they are now by statute addressed to the king in council, and they are heard before the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

. By an act of

Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...

(Ecclesiastical Jurisdiction Act 1532) the Arches court is empowered to hear, in the first instance, such suits as are sent up to it by letters of request from the

consistory court A consistory court is a type of ecclesiastical court, especially within the Church of England where they were originally established pursuant to a charter of King William the Conqueror, and still exist today, although since about the middle of th ...

of the bishops of the province of Canterbury, and it is further empowered to accept letters of request from the bishops of the province of Canterbury after they have issued commissions of inquiry under that statute, and the commissioners have made their report. The Arches court was also the court of appeal from the consistory courts (of the bishops of the province) in all testamentary and matrimonial causes. The matrimonial jurisdiction was transferred to the secular courts by the

Matrimonial Causes Act 1857 The Matrimonial Causes Act 1857 was an Act of the Parliament of the United Kingdom. The Act reformed the law on divorce, moving litigation from the jurisdiction of the ecclesiastical courts to the civil courts, establishing a model of marriage ...

and testamentary jurisdiction by later statute.

Leadership

The Provincial Registrar of Canterbury is appointed by the archbishop, after consultation with the Standing Committee of the General Synod. There may be a deputy provincial registrar. The provincial registrar acts as legal advisor to the archbishop, the registrar of the provincial court and the joint registrar of the

General Synod The General Synod is the title of the governing body of some church organizations. Anglican Communion The General Synod of the Church of England, which was established in 1970 replacing the Church Assembly (Church of England), Church Assembly, is t ...

References

External links

Archives of the Court of Arches at Lambeth Palace Library
Canon law of the Church of England Ecclesiastical courts

Provincial Court

History

Leadership

See also

References

Further reading

External links