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Court of the Arches

judge, courts, canterbury and archbishop

COURT OF THE ARCHES. The usual name for the Court of the "Official Principal" of the Archbishop of Canterbury. It was a court of appeal from all the diocesan courts and also a court of first instance in all ec clesiastical causes.

The most ancient consistory court belonging to the archbishop of Canterbury for the trial-of spir itual causes, the judge of which is coiled the dean of the arches, because he anciently held his court in the church of St. Mary le Bow (Sancta Maria de arcubas,—literally, "St. Mary of the arches"), so named from the style of its steeple which is raised upon pillars built archwiee, like so many bent bowes. Termes de in Ley. It is now held, as are also the other spiritual courts, in the hail belonging to the College of Civilians, commonly called Doctor's Commons. It is still a part of the English system.

Its proper jurisdiction is only over the thirteen peculiar parishes of London, which were exempt frOra the jurisdiction of the .bishop of London ; but, the office of dean of the arches having been fora long time unit ed with that of the archbishop's "Official Principal," the judge of the arches, in right. of such added office, receives and determines appeals from the sentences of all inferior ecclesiastical courts within the province. 3 Bla. Corn. 64; 3 Steph. Com. 306; Whart. Law Diet. Arches Court. Many suits are al so brought before him as original judge; the cognizance of which properly belongs to in ferior jurisdictions within the province, but in respect of which the inferior judge has waived his jurisdiction under a certain form of proceeding known in, the common law as letters of request. 3 Steph. Com. 306; 2

Chitty, Gen. Pr. 496 ; 2 Add. Eccl. 406. , From the court of arches an appeal for merly lay to the pope, and afterwards, by statute 25 Hen. VIII. c. 19, to the king in chancery (i. e., to the Court of Delegates, q. v.), as supreme head of the English church, but now, by 2 & 3 Will, IV. c. 92, and 3 & 4 Will. IV. c. 41, to the Judicial Committee of the Privy Connell.

A suit is commenced in the ecclesiastical court by citing the defendant to appear, and exhibiting a libel containing the complaint against him, to which he answers. Proofs are then adduced, and the judge pronounces a decree upon hearing the arguments of ad- vocates, which is then carried into effect.

The corresponding court of the archbishop of York was the Chancery Court.

The Public Worship Regulation Act (37 & 38 Viet.) provides for the appointment by the archbishops of Canterbury and York of a single judge to hold the position of the Of ficial Principal of the Court of the Arches and the Chancery Court, and Master of the Faculties to the Archbishop of Canterbury. He must be either a barrister of 10 years standing or a judge of one of the superior courts.