Consistory court
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The consistory is a type of ecclesiastical court. It deals with morality, non-attendance (of church), non-payment of tithes, non-conformists, and so on. The archaic English spelling is consistatory. Chaucer used the phrase to refer to a civil court of justice.
Within the Church of England a consistory refers to the spiritual court of a diocesan bishop before his chancellor or commissioner in an appointed place such as a cathedral. Within the Catholic Church a consistory refers to an assembly of prelates such as a session of the college of cardinals in Rome.
Consistory Courts in the Church of England
Each diocesan bishop has a Consistory Court (called in Canterbury the Commissary Court), presided over by the Chancellor of the Diocese (in Canterbury the Commissary-General). The Chancellor is appointed by letters patent to be the Official Principal and Vicar-General of the Bishop, who may himself sit if he so wishes. The Chancellor must be over 30 years of age, a barrister of seven years' standing or who has held high judicial office, and a communicant of the Church. He takes the judicial oath, the oath of allegiance and makes a declaration of assent. The Chancellor may be removed by the bishop if the Upper House of the Convocation of the Province so resolves.
The court usually sits in the chapter house or cathedral of the diocese. Counsel and solicitors (called proctors) may represent parties.
There may be a deputy chancellor, who may hear certain matters. He must be a barrister of seven years' standing or have held high judicial office.
Chancellors are addressed on the bench as “Worshipful Sir, or Sir”. Most wear the robes of a QC even if not of that degree, though at least one sits in his academical robes. The court itself is styled “this venerable court”. Most have a mace, carried by the apparitor, who is usually a member of the staff of the diocesan registry. All have a seal, which is in the care of the registrar.
The Consistory courts deal with all matters concerning faculties and the trial of clergy below the rank of bishop accused of moral offences.
The Registrar of the diocese is also the Registrar of the Consistory Court. He was usually also the legal secretary to the bishop, and now must be legal adviser , and is registrar to the archdeacons. He must be a solicitor learned in ecclesiastical law and the law of the land, and be a communicant . He is appointed by the bishop after consultation with the Bishop's Council and the Standing Committee of Diocesan Synod. There may be a deputy registrar, who would act only in the absence of the registrar. There may be a separate clerk of the court, where their might be a conflict for the registrar to act in this capacity. He must be a solicitor .
Proctor was the term used for solicitors practising in the ecclesiastical courts, and the counsel were the advocates of the Society of Doctors' Commons.
The Consistory Court can only become involved in the case of a priest or deacon who is accused of an offence not involving matters of doctrine, ritual or ceremonial after the bishop has given the complainant and the accused an opportunity of seeing him. The bishop may decide not to proceed, but if he does favour a trial, the matter is referred to an examiner with legal qualifications who is a communicant. If he decides that there is a case to answer, then the trial begins in the Consistory Court.
The Chancellor is obliged to appoint a Deputy Chancellor if he himself is inexperienced in criminal law. The Court comprises four assessors, two lay and two clerical, who are the sole finders of fact, and their verdict must be unanimous. The judge is required to sum up in open court to the assessors. If the chancellor certifies that the case involves a question of doctrine, ritual or ceremonial, appeal lies to the Court for Ecclesiastical Causes Reserved. In the case of faculties, appeal lies to the provincial court, and then to the Judicial Committee of the Privy Council.