Titles Ecclesiastical - Law Dictionary Search Results
Home Dictionary Name: titles ecclesiasticalTitles (Ecclesiastical)
Titles (Ecclesiastical). By the (English) Ecclesiastical Titles Assumption Act, 1851, the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory in England or Ireland, not being the see, province, or diocese of an archbishop or bishop, recognized by law, was prohibited under penalties; but this Act (which was passed after great public excitement, in consequence of the division of England into Roman Catholic dioceses by Pope Pius IX., under Cardinal Wiseman, as Archbishop of Westminster) was never enforced, and has been repealed by the Ecclesiastical Titles Act, 1871....
Bishop
Bishop [fr. 'plokopoV, Gk. Biscop, Sax.], an overseer or superintendent. The chief of the clergy in his diocese or jurisdiction in England, Wales, or Ireland, and the archbishop's suffragan or assistant. A bishop is elected by the king's cong' d' 'lire, or license to elect the person named by the king, accompanied, by virtue of 25 Hen. 8, c. 20, by a letter-missive, addressed to the dean and chapter; and if they fail to make election in twelve days, the king, by letters-patent, may nominate whom he pleases. A bishop is said to be installed, and there are four things necessary to his complete title: (1) election, which resembles the presentation of a clerk to an ecclesiastical benefice; (2) confirmation, which cannot be opposed on doctrinal grounds: see Reg. v. Archbishop of Canterbury, 1902 KB 503, under title CONFIRMATION OF BISHOPS; (3) consecration, similar to institution; (4) installation, answering to induction. The bishop are the lords spiritual in Parliament: see HOUSE OF LORDS....
Papist
Papist [fr. papa, Lat., a pope], one who, adhering to the communion of the Church of Rome, maintains the supreme ecclesiastical power of the Pope, as contradistinguished from English Protestants who in Statutes, Canons, and the 36th Article of Religion maintain the supreme ecclesiastical power of the sovereign. From the date of the Reformation Papists, either under that title or under the title of persons professing the Popish religion, or of Popish recusants convict, were subjected, by one statute after another, to various civil and religious disabilities, the removal of which began in 1788, and was to a great extent completed by the Roman Catholic Emancipation Act, 1829, which Act and other Acts, the earliest being an Act of 1791, speak of them as Roman Catholics. See ROMAN CATHO-LICS, and consult Lilly and Wallis's Manual of the Law specially affecting Catholics (1893)....
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
Doctors' Commons
Doctors' Commons, an institution near St. Paul's Cathedral, where the Ecclesiastical and Admiralty Courts were held. In 1768 a royal charter was obtained, by virtue of which the members of the society and their successors were incorporated under the name and title of 'The College of Doctors of Laws exercent in the Ecclesiastical and Admiralty Courts.' The college consisted of a president (the Dean of Arches for the time being), and of those Doctors of Laws who, having regularly taken that degree in either of the Universities of Oxford and Cambridge, and having been admitted advocates in pursuance of the rescript of the Archbishop of Canterbury, had been elected fellows of the college in the manner prescribed by the charter. The property of the college was sold, the charter surrendered, and the college dissolved under the (English) Probate Act, 1857 (20 & 21 Vict. c. 77), ss. 116, 117....
Prebend
Prebend, a stipend granted in cathedral churches d pr'bendum, to maintain a priest; also, but improperly, the priest himself. A simple prebend is merely a revenue; a prebend, with dignity, has some jurisdiction attached to it. The term 'prebend' is generally confounded with canonicate; but there is a difference between them. The former is the stipend granted to an ecclesiastic in consideration of his officiating and serving in the church; whereas the canonicate is a mere title or spiritual quality which may exist independently of any stipend, 2 Steph. Com....
Primate
Primate, a chief ecclesiastic; part of the style and title of an archbishop; thus the Archbishop of Canter-bury is styled Primate of All England; the Archbishop of York is Primate of England....
Scyre-gemot, or Sciremot
Scyre-gemot, or Sciremot, a Court held by the Saxons twice every year, by the bishop of the diocese and the ealdorman in shires that had ealdormen; and by the bishop and the sheriff where the counties were committed to the sheriff, etc., wherein both the ecclesiastical and temporal laws were given incharge to the county, Seld. Titles of Hon....
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,...
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...
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