Introduction to England Church Courts - International Institute

The original content for this article was contributed by The International Institute of Genealogical Studies in June 2012. It is an excerpt from their course English: Court Records-Criminal, Civil and Ecclesiastical  by Dr. Penelope Christensen. The Institute offers over 200 comprehensive genealogy courses for a fee ($).

Introduction

Ecclesiastical and temporal common law courts were separated in 1072 by an Edict of William I, and henceforth the bishops and archdeacons could not interfere with workings of the hundred courts, neither could the sheriff, reeve, baron or other laymen bring judgment involving ecclesiastical law. This system of parallel church and civil courts proved reasonably successful apart from during the Civil War and Interregnum. However, the power of the church courts started to wane at the Restoration of the Monarchy (1660) and abruptly declined in the 19th century as successive chunks of responsibilities were taken over by civil courts.

There was always a certain amount of overlap between the kinds of cases taken to the different courts, and both church and civil courts referred serious cases upwards to the criminal courts and highest appeal courts.

Ecclesiastical Courts

Between 1300-1800 up to nine million cases were heard in church courts (Chapman 1997). They involved about 10% of the population and, as half of the cases were during 1450-1640 when parish register deficiencies give researchers headaches, the genealogist has a better than one in ten chance of finding their relatives through the court records. The 10% were not all the principles in the cases, 7% were deponents who gave evidence.

Genealogists are familiar with the probate, marriage licences and bishops’ transcripts involving church courts, but there is much more worth examining in these records. Nowadays we think of the church as dealing with sin, and civil courts with crime; but in former times many offences were regarded as ecclesiastical crimes and the church had a far greater role in regulating our ancestors’ activities, relationships and morals.

Over time and quite rapidly during the 19th century, many of the causes dealt with by the 365 ecclesiastical courts were transferred to civil courts. Consequently many of the lower level courts fell into disuse. The last mainstays were the diocesan responsibilities of probate and matrimonial causes transferred in 1858. Since then only strictly ecclesiastical matters have been dealt with by church courts.

Chapman has outlined the development of English ecclesiastical (canon) law from the four elements of civil, canon, common and statute law, with increasing authority in that order.

Ecclesiastical Causes

Any matters dealt with by a bishop or a church court are known as causes. An individual might be seen privately by a bishop or any situation brought before the court. Some causes dealt with were the granting of licences and dispensations for clerical and certain lay professionals to practice, for which fees were often payable. Those failing to get the required permission, or to pay the fee, or who were deemed incompetent were called to task at an appropriate church court.

Appointments and Dismissals

These included:

• Appointment and dismissal of all clergy throughout the relevant jurisdiction.
  

• Appointment and dismissal of notaries public throughout the British Empire during 19th century.
  

• Appointment and dismissal of noblemen’s chaplains.

Behaviour

Behaviour both inside the church, in the churchyard, and in general were disciplined by church authorities. Some of the specific causes included the following:

Brawling in Consecrated Precincts

Quarrelling and brawling in a churchyard, or using force or creating a disturbance in church during divine service were offences handled by church courts until 1860; they could result in excommunication.

Littleborough, Lancashire in Consistory Court of Chester 1629 Jane Scholfield contra Grace Lightowler concerning a brawl in church. She beat Samuel Wilson with a book and her arms creating uproar. FS Library Film 1999544

Heversham, Westmorland in Consistory Court of Chester 1640 James Docker contra John Carpmell for beating him in Crosthwaite churchyard, drawing blood, pulling his hair, cutting holes in his coat and sticking burrs on his cloak in divine service. FS Library Film 1999544

Milton by Sittingbourne, Kent parish register. 21 Sep1783 Baptized Joseph George, son of George and Eliz Bass 6 years old. And what is farther to be recorded, as a striking instance of the immorality of the times, the sponsors of the said Joseph George Bass, Henry South and Joseph Hodge, behaved themselves at the font in a most shameful manner by drinking of liquor and handing about the same in the face of a large congregation, for which offence they were presented. FS Library Film 1473710

Laying violent hands on a clergyman

Attacking a clergyman while taking a service was an offence handled by church courts until 1860.

Blasphemy

This can mean talking impiously or uttering profanities and was prosecuted. A Quaker, James Naylor, was whipped, branded and had his tongue bored for his views, regarded as blasphemy in 1656/7.

Defamation

Defaming or insulting a neighbour was not taken lightly and causes for defamation were brought to church courts until 1855 when it was abolished as an offence.

Chester, Cheshire in Consistory Court of Chester 1640 John Edwards contra Richard Broster saying he drank a health to the Devil of Beelzebub the prince of the devils in Hugh Anderson’s house in Foregate Street - libel, interrogation, depositions. FS Library Film 1999544

Hanmer, Flintshire in Consistory Court of Chester 1562 Jane verch David uxor Roger ap David contra Robert ap David in a defamation cause. [Welsh patronymics]. FS Library Film 1999544

Chester, Cheshire in Consistory Court of Chester 1640 Nicholas Ince contra David Bore calling him a knave and rascal ‘fitter for a hangman’s son than a gentleman, hoping to see him not worth six shillings at Christmas”. FS Library Film 1999544

Contumacy

Insubordination to a court order, such as failing to appear after being cited three times, was grounds for excommunication.

Perjury

Lying under oath, continued as an ecclesiastical offence until 1823.

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