Ecclesiastical Law - Law Dictionary Search Results
Home Dictionary Name: ecclesiastical lawEcclesiastical Law
Ecclesiastical Law, the law administered in the ecclesiastical courts; it is derived from the Civil and Canon Law. Consult Phillimore's Ecclesiastical Law; Chitty's Statutes, tit. 'Church and Clergy.'The body of law derived largely from Cannon and Civil Law and administered by ecclesiastical courts, Black's Law Dictionary, 7th Edn., p. 530....
ecclesiastical law
ecclesiastical law : canon law ...
Canon law
Canon law. When Christian communities formed themselves into congregations ('kklhoiai), certain resolutions were agreed upon for their government; these were termed rules kavoves, forma, disciplina); and the phrases canonica sanctio, lex canonica, and canonum jura, were not introduced until the ninth century, nor the phrase jus canonicum until the canon law began in the twelfth century to be treated as a science. The canon law, properly so called, denotes the ecclesiastical law, sanctioned by the Church of Rome. It borrows from the Roman Law many of its principles and rules of proceeding, though not servilely, nor without such variations as the independence of its tribunals and the different nature of its authorities might be expected to produce, See Hall. Lit. Hist.The canons made in England in 1603, and revised in 1866, are binding on the clergy only, see per Lord Hardwicke in Middleton v. Croft, (1737) 2 Str 1056, some of them being very archaic, as canon 72, by which it is unlawful...
Law spiritual
Law spiritual [lex spiritualis, Lat.], the ecclesiastical law, Co. Litt. 344....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Clergy
Clergy [fr. clerge, Fr.; clerus, Lat.], the assembly or body of clerks or ecclesiastics set apart from the rest of the people or laity to superintend the public worship of God and the other ceremonies of religion, and to administer spiritual counsel and instruction.--The clergy were before the Reformation divided into (1) regular, who lived under certain rules, being of some religious order, and were called men of religion, or the religious, such as abbots, priors, monks, etc.; and (2) secular, who did not live under any certain rules of the religious orders, as bishops, deans, parsons, etc. Now the term comprehends all persons in holy orders and in ecclesiastical offices, viz., archbishops, bishops, deans and chapters, archdeacons, rural deans, parsons (either rectors or vicars) and curates, to which may be added parish clerks. The clergy are exempt from serving on juries; restrained from farming more than 80 acres, except with the sanction of the bishop, and cannot carryon any trade....
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Inhibition
Inhibition. An ancient synonym for PROHIBITION.In the (English) Ecclesiastical Law, the command of a bishop or ecclesiastical judge that a clergyman shall cease from taking any duty, See, e.g., Sequestration Act, 1871 (34 & 35 Vict. c. 45), s. 5; (English) Benefices (Ecclesiastical Duties) Measures, 1926 (16 & 17 Geo. 5, No. 8); Dale's Case, (1881) 6 QBD 376.Under the (English) Land Registration Act, 1925, an order of Court or entry by the chief land registrar inhibiting temporarily the registration or any dealing with registered land or a registered charge; see (English) L.R. Act, 1925, s. 58, (English) L.R. Rules 230-234, and 237, and Fortescue-Brickdale and Stewart Wallace, 'Land Registration.'In the Scots Law: (1) A writ whereby the debtor or party inhibited is prohibited from contracting any debt which may become a burden on his heritable property. See 31 & 32 Vict. c. 101, s. 156, and Sch. (20 A writ prohibiting and discharging all persons from giving credit to a man's wife, Bell...
H'retico comburendo, De
H'retico comburendo, De, an ancient common law writ against a heretic, who having been convicted of heresy by the bishop, abjured it, and afterwards fell into the same again, or some other, and was thereupon delivered over to the secular power in order that he might be burnt to death.-See Fitz. N.B. 269; Lely's Church of England Position, 179; 2 Hen. 4, c. 15; 1 & 2 P. & M. c. 6; 31 Hen. 8, c. 14. By 1 Eliz. c. 1, s. 6, all statutes relating to heresy were repealed, though somehow two men were burnt in her reign and two under James I. by 29 Car. 2, c. 9, s. 1, the writ de h'retico comburendo was abolished, but with a saving for the jurisdiction of Protestant archbishops or bishops or any other judges of any ecclesiastical courts to punish, according to his Majesty's ecclesiastical laws, 'atheism, blasphemy, heresy, or schism and other damnable doctrines and opinions by excommunication, deprivation, degradation, and other ecclesiastical censures not extending to death'in such sort and n...
Chancellor of a Diocese, or of a Bishop
Chancellor of a Diocese, or of a Bishop, a law officer, appointed to hold the Bishop's Court in his diocese, and to adjudicate upon matters of ecclesiastical law. He is the vicar-general of the bishop, and by Canon 127 must be at least 26 years old, must be learned in the Civil and Ecclesiastical Laws, must be at least a Master of Arts or Bachelor of Law, and 'reasonably well practised in the course thereof, as likewise well affected, and zealous bent to religion, touching whose life and manners no evil example is had.' By the same canon, he must take the Oath of Supremacy and subscribe the Thirty-nine Articles of Religion (see that title)....
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