PUNISHING ERRING PARSONS.

Taranaki Daily News, Volume LII, Issue 98, 22 May 1909, Page 4

PUNISHING ERRING PARSONS.

Very f.m people know anything of the workings of Uie law iu the Ecclesiastical Courts. Those now in operation are the Court of the Archdeacon, the Court of the Bishop (commonly called the "CousU'lurv Coui't' : l, the Provincial Court o! the Archbishop, and the Court of Appeal sitting in the I'rivy Council. The first-named court is held in each Archdeaconry before a judge appointed by the Archdeacon himself, and this judge is termed his "Official." The court has jurisdiction over all the ecclcniastieal cases arising within the limits of the archdeaconry, and if the I litigants are not satisfied with the jusI tice there meted out they are at liberty l to appeal to the Bishop.

BISHOPS' COURT HELD IN CATHEDRALS. The Archdeacon's court is a very ancient institution, having existed from before the time of the Norman Conquest. The "Consistory" or Bishops' Court is held in various cathedrals in the country, for the trial of ecclesiastical matters arising within the diocese, and it is to this' court that all cases dealing with the shortcomings of clergymen are specially assigned. The 'headquarters of the Consistory Court in London are at Dean's Court, St. Paul's Churchyard, and the Chancellor is Mr. T. H. Tristram, K.C., D.C.L. I If the party wishes to appeal from ' this court he 'does so either to the proI vincial court of the Archbishop of to ttft Privy Council in Whitehall.

The provincial court of the Archbishop is termed the "Chancery Court of York," if in tSiat province, and if in Canterbury, the "Court of Arches." The judge of the former i» designated the ".principal official" or "auditor." The judge of the latter is called the "Dean 'of the Arches." He is called so because at one time lie held his court in the Church of St. Mury-le-bow, the steeple of which is on pillars arranged like arches. The Dean of the "Court ot Arches ■• is Sir L. T. Dib.lin, K.C., who presides at the registry iu the Sanctuary, West-

minster. Lastly, there is the supreme court of 1 appeal,' the ''Committee of the Privy : Council." where the Archbishops and , Itishops frequently attend the "assesi sors" on hearing of appeals. The methods of procedure in some of I these courts is very different from those ' of the High Court'in tlhe Strand. The first document issued is termed i the "citation,'' which calls the party in i juring before the court. Then there ! are certain article-.' drawn up in a formal i ''allegation," which sets forth the ground ) of complaint of the injured party. 3 To this the defending clergyman must r answer on uatih. and, assuming that he ■loniea tin. nharire. the comiilainant pro-

cecils to "proofs." FILING A DEED OF RELINQViSH,MENT, If the defendant has circumstances to ofl'er in defence, lie propounds tlu'm in a document called his "defensive allegation." and to this the complainant replies on oath hi a paper termed the "plaintiff's answers," and then the defendant likewise proceeds to "proofs," as well as his opponent. The court can summon witnesses and examine them, and when all the "plead-' ings" and "proofs" are concluded, they are referred to the judge for ihis consideration, who hears advocates on both sides, and then forms his "interlocutory decree" or "definite stintenee," at his own discretion.

The court has power to sentence a elci'i'vinan to "suspension" from, or to "deprivation" of, his living. . It sometimes happens that a Clergyman thinks it desirable to relinquish his position as such, and this is done by what is called a "deed of relinquishment." which tlic clergyman signs and files at the High Court of Chancery. He then delivers a copy of the enrolment to the Bishop of the diocese, and gives notice of having .done so to the Archbishop of the province within which he is located.

When, this deed is recorded in the registry of the diocese, the said clergyman is incapable of acting in any manner as« minister of the Church of England.