Church of England. Court of Arches

The Court of Arches is the court of appeal for the province of Canterbury. A precise date for the establishment of the court cannot be established, but by the time of Archbishop Pecham (1279) it appears to be well established as a court of appeal for the province from diocesan and lower courts (See I.J.Churchill 'Canterbury Administration' (London: SPCK 1933) vol. 1 pp.424ff for a discussion of the origins and early history of the court). Cases might come before it by way of a direct appeal from a definitive sentence, or by devolution through defect of justic either suffered or feared in a lower court, or by appeal for protection of the court of Canterbury.

After the Restoration the jurisdiction of the court of Arches was in all matters pertaining to the jurisdiction of ecclesiastical courts in general. The cases are divided into two categories: the 'instance' cases between two parties, which include cases of defamation of character and of matrimonial and testamentary cases (until 1858), and 'ex officio' cases prosecuted by or on behalf of the judge. The latter include cases of lay and clerical discipline or 'correction', and parish affairs (ie church fabric, faculties, church rates, tithes etc). There are also a few cases of officials of inferior courts being sued for illegal practices, and proctors suing for the payment of their fees.

In comparing the types of cases heard between 1660 and 1800 with those heard after that date, it can be clearly seen that the range of ecclesiastical jurisdiction declined, especially during the 19th century. The incidence of some types of case, such as defamation of character and correction for immoral behaviour, declined of their own accord as public attitudes changes and they were no longer thought to be a fit area for interference. On the other hand, the establishment of the court of Divorce, Probate and Admiralty in 1858 removed at once two of the most important fields of ecclesiastical jurisdiction: matrimonial and testamentary cases. This caused a dramatic fall in the number of cases heard; between 1800 and 1858 some 860 cases were heard before the court of Arches; between 1859 and 1900 only 136 cases were heard. The compulsory payment of church rates was abolished in 1868, and the payment of tithes in 1936, which also affected the numbers of cases. The increased use of letters of request illustrates the decline in the practice of ecclesiastical law.

The majority of cases remaining within the court's jurisdiction thereafter were cases of disputed faculties, which had previously been a very small proportion of the cases heard, and cases of clerical discipline. The procedure for dealing with such cases was defined and elaborated by the Church Discipline Act 1843 and the Clergy Discipline Act 1892, which defined the procedure of appeal from local courts to the court of Arches; the Public Worship Regulation Act 1874 established a new system for the trial of cases of ritualism; but the judge appointed under the Act was the Dean of Arches.

If a case were not finally decided an interlocutory decree (temporary sentence) might be issued, or the case might be referred to the Court of Delegates or to the Privy Council, or it might be stopped by a royal inhibition. Since the reorganisation of ecclesiastical courts by the Ecclesiastical Jurisdiction Measure 1963, the court of Arches has no original jurisdiction but hears appeals from the diocesan consistory courts within the province of Canterbury in cases not involving doctrine, ritual or ceremonial.

From the guide to the Court of Arches Records, 13th-late 20th centuries, (Lambeth Palace Library)