英文法律词典 C-127

COURT CHRISTIAN¹. An ecclesiastical judicature, known in England, so called from its handling matters of an ecclesiastical or religious nature. 2 Inst. 488. Formerly² the jurisdiction³ of these courts was not thus Iimited. The emperor Theodosius promulgated⁴ a law that all suits (lites) and forensic⁵ controversies⁶ should be remitted⁷ to the judgment⁸ of the church, if either of the litigating parties should require it. Fr. Duaren De Sac. Minist. Eccl. lib. 1, c. 2. This law was renewed and confirmed by Charlemagne.

COURT OF ARCHES , eccl. law. The most ancient consistory court belonging to the archbishop of Canterbury for the trial of spiritual causes. It is so called, because it was anciently held in the church of Saint Mary le bow; which church had that appellation¹⁰ from its steeple, which was raised at the top with stone pillars, in the manner of an arch or bow. Termes de la Ley.

COURT OF ADMIRALTY. A court having jurisdiction of all maritime¹¹ causes. Vide Admiralty; Courts of the United States; Instance Courts; Prize Court; 2 Chit. Pr. 508 to 538.

COURT OF AUDIENCE, Eng. eccl. law. The name of a court kept by the archbishop in his palace, in which are transacted¹² matters of form only; as confirmation¹³ of bishops¹⁴, elections, consecrations, and the like.

COURT OF COMMON PLEAS. The name of an English court which was established on the breaking up of the aula regis, for the determination of pleas merely civil. It was at first ambulatory, but was afterwards located. This jurisdiction is founded on original write issuing out of chancery, in the cases of common persons. But when an attorney or person belonging to the court, is plaintiff, he sues by writs¹⁷, of privilege, and is sued by bill, which is in the nature of a petition; both which originate in the common pleas. See Bench; Banc.

2. There are courts in most of the states of the United States which bear the name of common pleas; they have various powers and jurisdictions¹⁸.

COURT OF CONSCIENCE, Eng. law. The name of a court in London. It has equity¹⁹ jurisdiction in certain cases. The reader is referred to Bac. Ab. Courts in London, 2.

COURT OF CONVOCATION, eccles. law. The name of an English ecclesiastical court. It is composed of every bishop⁹, dean, and archdeacon, a proctor for the chapter, and two proctors for the clergy²⁰ of each diocese in the province of Canterbury, for the province of York, there are two proctors for each archdeaconry.

2. This assembly meets at the time appointed in the king's writ¹⁶, and constitute an ecclesiastical parliament. The archbishop and his suffragans, as his peers, are sitting together, and composing one house, called the upper house of convocation the deans, archdeacons, and a proctor for the chapter, and two proctors for the clergy, the lower house. In this house a prolocutor, performing the duty of a president, is elected.

8. The jurisdiction of this tribunal extends to matters of heresy²¹, schisms²², and other mere¹⁵ spiritual or ecclesiastical causes. Bac. Ab. Ecclesiastical Courts, A 1.