Legal Definitions - in sacris

In sacris is a Latin phrase historically used in Scots law, meaning "in sacred matters." This term referred to specific areas where the authority of ecclesiastical courts – courts administered by the church – was considered paramount and beyond the jurisdiction of civil, secular courts. These matters primarily encompassed church doctrine, religious practices, and the internal discipline of clergy or church members.

Here are some examples illustrating the application of in sacris:

• Example 1: Theological Dispute

  Imagine a situation in 17th-century Scotland where a prominent theologian publishes a treatise that challenges a long-standing interpretation of a key religious scripture. Other church leaders accuse him of heresy, claiming his views contradict established church doctrine. The dispute escalates, and the matter is brought before an ecclesiastical court for judgment.

  This scenario falls in sacris because it involves a disagreement over fundamental religious beliefs and interpretations of scripture, which are considered sacred matters. The church court, not a civil court, would have had the exclusive authority to rule on whether the theologian's views were orthodox or heretical.

• Example 2: Clergy Misconduct

  Consider a parish minister in the 18th century who is accused by his congregation of severe moral misconduct, such as habitual drunkenness or neglecting his pastoral duties. The congregation formally complains to the regional church governing body, which initiates an investigation and disciplinary proceedings against the minister.

  This situation is an example of a matter handled in sacris. The discipline and conduct of clergy members were considered internal affairs of the church, falling under its sacred jurisdiction. Civil courts would typically not intervene in such matters, leaving the ecclesiastical courts to determine guilt and impose appropriate church-sanctioned penalties.

• Example 3: Liturgical Practice

  Suppose two factions within a Scottish parish in the 16th century have a profound disagreement over the proper way to conduct a specific religious ceremony, such as the administration of communion. One group insists on a particular ritual, while the other advocates for a different form, leading to significant internal conflict. The dispute is eventually referred to higher church authorities for a definitive ruling on the correct liturgical practice.

  This dispute is considered in sacris because it pertains directly to the established religious practices, rituals, and worship forms of the church. The authority to define and enforce the correct performance of sacred rites rested solely with the ecclesiastical courts, as these were matters deeply embedded in the church's spiritual domain.