Legal Definitions - Faculties, Court of

Court of Faculties

The Court of Faculties is a unique ecclesiastical court in England, operating under the authority of the Archbishop of Canterbury. Unlike most courts that primarily resolve disputes, its main function is administrative. It is responsible for granting specific licenses, dispensations, and permissions that fall within its defined jurisdiction. Its most prominent modern roles include the appointment and regulation of Notaries Public, and the issuance of "Special Licences" for marriages that deviate from standard legal requirements.

• Example 1: Appointment of a Notary Public

  A qualified lawyer practicing in London decides they want to expand their services to include authenticating documents for international use, a role performed by a Notary Public. To achieve this, they must submit an application to the Court of Faculties. The court reviews their qualifications and, if approved, formally admits them to the roll of Notaries Public, granting them the legal authority to perform notarial acts.

  This example illustrates the Court of Faculties' role in regulating and licensing specific legal professionals, ensuring they meet the necessary standards to carry out their specialized functions.

• Example 2: Obtaining a Special Marriage Licence

  A couple wishes to get married in a specific, non-religious private venue, such as a historic manor house or their family's private estate, at a time or under circumstances that do not fit the standard legal requirements for civil or church marriages. To legally solemnize their marriage in this particular way, they would apply to the Court of Faculties for a "Special Licence." This licence grants them permission to marry outside the usual parish church or registered civil venue, reflecting the court's historical power to grant dispensations.

  This example demonstrates the court's authority to grant exceptions or special permissions, particularly in matters related to marriage, which stems from its ancient ecclesiastical jurisdiction.