Legal Definitions - consistory court

A consistory court is a specialized court within the Church of England, operating in each diocese (a geographical area overseen by a bishop).

Its primary role is to apply ecclesiastical law, which is the law governing the Church of England. This court handles legal matters concerning:

• The conduct and discipline of clergy members.
• Church property, including church buildings, churchyards, and other assets owned by the church.
• Other specific issues related to the administration and practices of the church.

These courts are typically presided over by a chancellor, who is a legal expert appointed by the bishop.

Here are some examples of situations where a consistory court would be involved:

• Example 1: Alterations to a Historic Church Building

  A local parish decides it wants to install a modern heating system in its historic 15th-century church. Because the church is a consecrated building and a significant architectural site, the parish cannot simply proceed with the work. They must apply to the consistory court for a "faculty," which is the legal permission required for making alterations to church buildings or churchyards. The court would review the plans, consider any objections, and decide whether to grant permission, ensuring the proposed changes comply with ecclesiastical law and heritage considerations.

• Example 2: Dispute Over a Churchyard Memorial

  A family wishes to place a uniquely designed memorial stone in a churchyard that deviates significantly from the standard regulations concerning size, material, and inscription. The incumbent (the priest in charge of the parish) may not have the authority to approve such a request directly. In this scenario, the family would need to apply to the consistory court for special permission. The court would then assess the application, considering the churchyard's character, existing regulations, and any potential impact on other users, before making a decision.

• Example 3: Clergy Discipline or Conduct Issues

  A complaint arises within a diocese regarding a priest's professional conduct, perhaps concerning a minor breach of church regulations or a dispute over their duties that does not involve criminal law. While more serious matters might go to higher church tribunals, the consistory court might be the appropriate forum to hear and resolve certain disciplinary issues or disputes involving clergy members, ensuring that their actions align with the expectations and laws of the Church of England.