Ecclesiastical courts decided many matters which we now think of as secular. They regulated marriages, oaths, usury, sorcery, heresy, university life, penance, just wars, court procedure, and Christian relations with religious minorities. Their separate status dates back to the 12th century when Norman rulers split them off from the mixed secular/religious county and local courts that were used by the Saxons.
Church of England Courts
Since the Tudor Reformation, English and Welsh ecclesiastical courts have been protestant royal courts and, during his reign Henry VIII did away with the teaching of canon law at the Universities of Oxford and Cambridge. From that time practitioners in protestant ecclesiastical courts were trained in civil law, receiving a Doctor of Civil Law (D.C.L.) degree from Oxford, or a Doctor of Laws (LL.D.) degree from Cambridge. These lawyers worked from the “Doctors Commons”, close to St Paul’s Cathedral in London. They monopolised probate and matrimonial cases.
Above: Doctors Commons, early 19th Century https://commons.wikimedia.org/w/index.php?curid=595012
Church Law and Marriage
In medieval times the Church exercised a huge influence over everyday life. That included influence over the institution of marriage. It was able to impose the Church’s view of marriage – what it was and how it was to be solemnised. Consequently, for several hundred years the Church’s and the State’s views about marriage were one and the same. Church courts had exclusive jurisdiction in enforcing the Church’s view of marriage. It was therefore canon law that was applied in all circumstances. It was only in church and in accordance with the rites and ceremonies of the church that anyone could enter into a marriage in England.
The Clandestine Marriages Act 1753 put Canon Law relating to marriage onto a statutory basis and marriages must be carried out in a church after the publication of banns, or the obtaining of a license from the ecclesiastical authorities. This was the first time state lawmakers had made any laws about marriage, even so, the Act they made was basically enforcing the adoption of the existing church law.
However, Jews and Quakers were exempt from the Acts requirements. Member of dissenting churches also thought that they should be exempted. And this issue was settled by the Marriage Act 1836 which introduced “civil weddings” allowing people to be married in places other than a Church of England church. The Church of England regarded a civil marriage as a lesser form of marriage.
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Church courts still exist today but now they only adjudicate on church-related matters including discipline of clergy, alteration of church property, and issues related to churchyards.
In Norfolk there were three levels of Church of England courts
- The Prerogative Court of Canterbury (the Archbishop’s court) that had jurisdiction over the whole of England and Wales.
- The Norwich Consistory Court (the Bishop’s court) that had jurisdiction over the Diocese of Norwich and therefore over every Norfolk parish, except for Great Cressingham and Emneth, which was in the Diocese of Ely.
- The Archdeaconry and Peculiar Courts, that were the lowest level of court, and most parishes came under the jurisdiction of either the Archdeacon of Norfolk or the Archdeacon of Norwich.
Generally speaking, the greater an individual’s property or wealth, the higher the level of court is likely to prove a will or grant the administration. Although wills would normally have been proved at the lowest possible court, there was a value to having them proved at a higher court.
Archdeaconry Courts
It was the Archdeaconry General Visitation Courts that visited parishes in our area. They did so annually at and around the time of Michaelmas, the 29th of September, the day associated with the beginning of autumn and the shortening of days. In England, this date is one of the “quarter days”. Below are two examples of announcement of Archdeaconry Courts being held in our area:
Churchwardens
Churchwardens were informed of the Church Court Meetings in their parish, and they were expected to attend:
“NORFOLK ARCHDEACONRY COURTS. NOTICE is hereby Given, that the Rev. JOHN OLDERSHAW, Archdeacon of the Archdeaconry Norfolk, will hold his next Michaelmas GENERAL VISITATIONS at the usual places as follows.-…Sept. 27th at…Stoke Ferry…at One o’clock in the afternoon… And the Churchwardens for the several Deanries [sic] are requested to attend as usual. HENRY FRANCIS, Deputy Registrar.” (Norfolk Chronicle 08.09.1821)
The office of Churchwarden dates from the 13th Century, although usually men, there are references to female Churchwardens. Originally, their primary role is thought to have been taking care of the church building and its contents, including the responsibility of providing for repairs of the nave, and supplying the instruments for the communion service.
Over time other duties were added, and, generally, Churchwardens became regarded as the local officers of the Bishop of their diocese, responsible to the Bishop for the proper carrying out of their responsibilities and ensuring that canon law was being followed in their parish. To a large extent Churchwardens implemented Protestant Christian morals upon the population of their parish.
Through the Act of 1601 a church, through its Vestry Committee (i.e. the vicar, churchwardens, and leading wealthy residents) was responsible for managing the poor, local morality, law and order, local roads, and education provision through Sunday Schools. These church powers were gradually taken over by civic authorities through The Poor Law (1834) and the creation of County Councils (1888) and Parish Councils (1894). This gradual loss of powers and authority showed the declining influence the church had in society in general with falling attendances and the increased competition from non-conformist denominations (see table and map of below).
Religious Census England and Wales – 1851
| Population 1851 | |||
| England and Wales | 17,927,609 | ||
| Norfolk | 442,714 (2.5%) | ||
| Total number of places of worship | Church of England | Other Denominations | |
| England and Wales | 34,647 | 14,077 | 20,570 |
| Norfolk | 1,441 | 719 | 722 |
| Total number of seats in places of worship | Church of England | Other Denominations | |
| England and Wales | 10,212,565 | 5,317,915 | 4,894,650 |
| Norfolk | 312,913 | 187,210 | 125,703 |
| Seats provided as % of population | Church of England | Other Denominations | |
| England and Wales | 57% | 29.7% | 27.3% |
| Norfolk | 70.7% | 42.3% | 28.4% |
| Numbers at best attended Sunday Service | Church of England | Other Denominations | |
| England and Wales | 6,356,222 | 2,971,258 | 3,384,964 |
| Norfolk | 176,848 | 100,670 | 76,178 |
Churchwardens’ involvement in implementing the Poor Law
Despite new acts stripping the Church of England of its legal powers and social influence, it’s vicars, rectors, churchwardens, etc. became involved with and were represented on the new local civic bodies, for example:
“DOWNHAM UNION. THE Churchwardens and Overseers of the several parishes comprised in the above Union and hereinafter named, will, in pursuance of the order of the Poor Law Commissioners for England and Wales, proceed on the thirtieth day of March instant to the Election of the number of Guardians of the Poor … person entitled to vote in any the said parishes may propose as the Guardian or Guardians thereof any number (not exceeding the number to be there elected) of persons … The proposal … must be delivered to one of the Churchwardens and Overseers of such parish … Owners of rateable property in such parish as well as rate payers are entitled to vote, provided their names are on the register of owners, or if they send in to the Churchwardens and Overseers before the day of Election their claims to vote … EDWARD HETT, Clerk to the Board of Guardians. March 10th. 1837.” (Cambridge Chronicle and Journal, 11.03.1837)
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Sources of newspaper notices in this post: www.britishnewspaperarchive.co.uk
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