Old and New London, Volume I / A Narrative of Its History, Its People, and Its Places

by Walter Thornbury

"The causes whereof the civil and ecclesiastical law take cognisance are those that follow, as they are enumerated in the 'Present State of England:'—Blasphemy, apostacy from Christianity, heresy, schism, ordinations, institutions of clerks to benefices, celebration of Divine service, matrimony, divorces, bastardy, tythes, oblations, obventions, mortuaries, dilapidations, reparation of churches, probate of wills, administrations, simony, incests, fornications, adulteries, solicitation of chastity; pensions, procurations, commutation of penance, right of pews, and other such like, reducible to those matters.

"The courts belonging to the civil and ecclesiastical laws are divers.

"First, the Court of Arches, which is the highest court belonging to the Archbishop of Canterbury. It was a court formerly kept in Bow Church in Cheapside; and the church and tower thereof being arched, the court was from thence called The Arches, and so still is called. Hither are all appeals directed in ecclesiastical matters within the province of Canterbury. To this court belongs a judge who is called The Dean of the Arches, so styled because he hath a jurisdiction over a deanery in London, consisting of thirteen parishes exempt from the jurisdiction of the Bishop of London. This court hath (besides this judge) a registrar or examiner, an actuary, a beadle or crier, and an apparitor; besides advocates and procurators or proctors. These, after they be once admitted by warrant and commission directed from the Archbishop, and by the Dean of the Arches, may then (and not before) exercise as advocates and proctors there, and in any other courts.

"Secondly, the Court of Audience. This was a court likewise of the Archbishop's, which he used to hold in his own house, where he received causes, complaints, and appeals, and had learned civilians living with him, that were auditors of the said causes before the Archbishop gave sentence. This court was kept in later times in St. Paul's. The judge belonging to this court was stiled 'Causarum, negotiorumque Cantuarien, auditor officialis.' It had also other officers, as the other courts.

"Thirdly, the next court for civil causes belonging to the Archbishop is the Prerogative Court, wherein wills and testaments are proved, and all administrations taken, which belongs to the Archbishop by his prerogative, that is, by a special pre-eminence that this see hath in certain causes above ordinary bishops within his province; this takes place where the deceased hath goods to the value of £5 out of the diocese, and being of the diocese of London, to the value of £10. If any contention grow, touching any such wills or administrations, the causes are debated and decided in this court.

"Fourthly, the Court of Faculties and Dispensations, whereby a privilege or special power is granted to a person by favour and indulgence to do that which by law otherwise he could not: as, to marry, without banns first asked in the church three several Sundays or holy days; the son to succeed his father in his benefice; for one to have two or more benefices incompatible; for non-residence, and in other such like cases.

"Fifthly, the Court of Admiralty, which was erected in the reign of Edward III. This court belongs to the Lord High Admiral of England, a high officer that hath the government of the king's navy, and the hearing of all causes relating to merchants and mariners. He takes cognisance of the death or mayhem of any man committed in the great ships riding in great rivers, beneath the bridges of the same next the sea. Also he hath power to arrest ships in great streams for the use of the king, or his wars. And in these things this court is concerned.

"To these I will add the Court of Delegates; to which high court appeals do lie from any of the former courts. This is the highest court for civil causes. It was established by an Act in the 25th Henry VIII., cap. 19, wherein it was enacted, 'That it should be lawful, for lack of justice at or in any of the Archbishop's courts, for the parties grieved to appeal to the King's Majesty in his Court of Chancery; and that, upon any such appeal, a commission under the Great Seal should be directed to such persons as should be named by the king's highness (like as in case of appeal from the Admiralty Court), to determine such appeals, and the cases concerning the same. And no further appeals to be had or made from the said commissioners for the same.' These commissioners are appointed judges only for that turn; and they are commonly of the spiritualty, or bishops; of the common law, as judges of Westminster Hall; as well as those of the civil law. And these are mixed one with another, according to the nature of the cause.

"Lastly, sometimes a Commission of Review is granted by the king under the Broad Seal, to consider and judge again what was decreed in the Court of Delegates. But this is but seldom, and upon great, and such as shall be judged just, causes by the Lord Keeper or High Chancellor. And this done purely by the king's prerogative, since by the Act for Delegates no further appeals were to be laid or made from those commissioners, as was mentioned before."

The Act 20 & 21 Vict., cap. 77, called "The Court of Probate Act, 1857," received the royal assent on the 25th of August, 1857. This is the great act which established the Court of Probate, and abolished the jurisdiction of the courts ecclesiastical.