Consistorial court

The consistory court is a type of ecclesiastical court, especially within the Church of England. They were established by a charter of King William I of England, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter jurisdiction. Each diocese in the Church of England has a consistory court (called in the Diocese of Canterbury the Commissary Court).

Before 1858 consistory courts exercised jurisdiction (concurrently with the courts of their respective provinces) over matrimonial and probate matters. This jurisdiction was moved to the secular courts by the Court of Probate Act 1857 and the Matrimonial Causes Act 1857. Consistory courts also had corrective jurisdiction over the crimes of clerks, but this was abrogated by the Church Discipline Act 1840. Other former areas of jurisdiction included defamation and certain contracts cases.

The Ecclesiastical Courts Act 1855 and the Ecclesiastical Courts Jurisdiction Act 1860 removed the remaining judicial functions of the courts.

Today, the principal business of consistory courts is now the dispensing of faculties dealing with churchyards and church property, although they retain the power to hear the trial of clergy (below the rank of bishop) accused of immoral acts or misconduct (under the Clergy Discipline Act 1892).

The Consistory court usually sits "on paper" without formal hearings. When hearings are required they can be held in any convenient building; either an existing court building or a school or community hall hired for the purpose. Historically consistory courts had a say in the cathedral and many cathedrals still contain court rooms, although these are now used for other purposes. Consistory courts dealing with faculty applications may sit in the church affected.

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