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{{Short description|Authority of church leaders over others}}
{{canon law}}
'''Ecclesiastical jurisdiction'''
==Overview==
[[Jurisdiction]] is a word borrowed from the legal system which has acquired a wide extension in [[theology]], wherein, for example, it is frequently used in contradistinction to order, to express the right to administer [[sacraments]] as something added onto the power to celebrate them. So it is used to express the territorial or other limits of ecclesiastical, executive or legislative authority. Here it is used as the authority by which judicial officers investigate and decide cases under [[
Such authority in the minds of lay [[Roman law]]yers who first used
It was viewed as also ordained of God, who had dominion over his temporal estate. As the Church in the earliest ages had executive and legislative power in its own spiritual sphere, so also it had judicial officers, investigating and deciding cases. Before its union with the State, its power in this direction, as in others, was merely over the spirits of men. Coercive temporal authority over their bodies or estates could only be given by concession from the temporal ruler. Moreover, even spiritual authority over members of the Church, i.e. baptized persons, could not be exclusively claimed as a right by the Church tribunals, if the subject matter of the cause were purely temporal. On the other hand, it is clear that all the faithful were subject to these courts (when acting within their own sphere), and that, in the earliest times, no distinction was made in this respect between clergy and laity.{{sfn|
==Catholic
===General concept and classification===
The [[Catholic Church]] claims to be [[One true church|the Church]] founded by [[Jesus Christ]] for the salvation of men. The Catholic Church needs, like every society, a regulating power (the authority of the Church). The
It is customary to speak of a threefold office of the Church: the office of teaching (prophetic office), the priestly office and the pastoral office (governing office)
By ministerial authority, which is conferred by an act of [[consecration]], is meant the inward, and because of its indelible character permanent, capacity to perform acts by which Divine grace is transmitted. By ruling authority, which is conferred by the Church (''missio canonica'', canonical mission), is understood the authority to guide and rule the Church of God. Jurisdiction, insofar as it covers the relations of man to God, is called jurisdiction of the internal forum or jurisdiction of the forum of Heaven (''jurisdictio poli'')
Jurisdiction can be further sub-divided into ordinary, quasi-ordinary and delegated jurisdiction.<ref name=":0" />
====Ordinary==== '''Ordinary jurisdiction''' is that which is permanently bound, by [[Divine law]] or human law, with a permanent ecclesiastical office. Its possessor is called an ordinary judge. By Divine law the [[ ====Quasi-ordinary====
If however jurisdiction is permanently connected with an office, but the office itself is said to be quasi-ordinary, or ''jurisdictio vicaria''. This form of jurisdiction is possessed, for example, by a [[vicar-general]]. Temporary exercise of ordinary and quasi-ordinary jurisdiction can be granted, in varying degrees, to another as representative, without conferring on him an office properly so called. In this transient form jurisdiction is called delegated or extraordinary, and concerning it canon law, following the Roman law, has developed exhaustive provisions. This development began when the popes, especially since [[Pope Alexander III|Alexander III]] (1159–81), found themselves obliged, by the enormous mass of legal business which came to them from all sides as the "judices ordinarii omnium" to hand over, with proper instruction, a large number of cases to third parties for decision, especially in matters of contentious jurisdiction.<ref name=":0" />
====Delegation====
Delegated jurisdiction rests either on a special authorization of the holders of ordinary jurisdiction (''delegatio ab homine''), or on a general law (''delegatio a lege, a jure, a canone''). Thus, the [[Council of Trent]] transferred a number of papal rights to the bishops "tanquam Apostolicae Sedis delegati", i.e. also as delegates of the [[Holy See|Apostolic See]],
When necessary the delegate can himself delegate, i.e. subdelegate, a qualified person; he can do this especially if he is a [[papal delegate]],
===Development of jurisdiction in the strict sense===
The Catholic Church considers itself to have
The church has the power to judge [[Christian views on sin|sin]], in the [[Internal and external forum (Catholic canon law)|internal forum]], but a sin can be at the same time externally a misdemeanour or a crime (''delictum, crimen''), when threatened with external ecclesiastical or civil punishment. The Church also judges ecclesiastical crimes in the external forum by infliction of penalties, except when the wrongdoing has remained secret. In this case it contents itself, as a rule, with penance voluntarily assumed.<ref name=":0" />
A last distinction is to be drawn between necessary jurisdiction and voluntary jurisdiction; the latter contemplates voluntary subjection on the part of those who seek in legal matters the co-operation of ecclesiastical agencies, e.g. notarially executed instruments, testaments, etc. The judicial power described above, jurisdiction strictly so called, was given by Christ to
From the [[Early Christianity|beginning of the Christian religion]], the ecclesiastical judge, i.e. the bishop, decided matters of dispute that were purely religious in character (''causae mere ecclesiasticae''). This jurisdiction of the Church was recognized by the civil (imperial) power when it became Christian. But long before this the early Christians, following the exhortation of [[Paul of Tarsus
In the Middle Ages the Church succeeded in extending its jurisdiction over all matters that offered an ecclesiastical interest (''causae spiritualibus annexae''), all litigation concerning marriages;
Also the ecclesiastical court had jurisdiction over the affairs of ecclesiastics, monks and nuns, the poor, widows and orphans (''personae miserabiles'', the needy) and those persons to whom the civil judge refused legal redress.
In regard to ecclesiastical jurisdiction in criminal matters, the Church exercised jurisdiction at first only in purely ecclesiastical offences, and inflicted only ecclesiastical punishments, e.g. [[excommunication]], and in the case of clerics deposition. The observance of these penalties had to be left to the conscience of the individual, but with the formal recognition of the Church by the State and the increase of ecclesiastical penalties proportioned to the increase of ecclesiastical offences, came an appeal from the Church to the secular arm for aid in enforcing the said penalties, which aid was always willingly granted. Some offence, especially deviations from the Catholic Faith, were by the State made punishable in civil law and secular penalties were attached to them, also to certain disciplinary misdemeanours of ecclesiastics.
Above all, by means of the [[privilegium fori]] it withdrew the so-called "criminous clerks" from the jurisdiction of the civil courts. Then it obtained for the court held by the bishop during his [[diocesan visitation]] (the ''send'') not only the punishment of those civil misdemeanours which involved the element of sin and consequently affected both Church and State, but it also punished, and as such, purely civil offences. The penal jurisdiction of the medieval Church included, therefore, first the merely ecclesiastical offences, e.g. [[Heresy in the Catholic Church|heresy]], [[Schism
In punishing offences of a purely ecclesiastical character the Church disposed unreservedly of the aid of the State for the execution of the penalty. When in the aforesaid send court held by the bishop during his visitation, it inflicted punishment on the civil offences of the laity, the penalty, as a rule, was enforced by the [[imperial count]] (''Graf'') who accompanied the bishop and represented the civil power. The principle prevailed later that an offence already punished by a secular judge was no longer punishable by the ecclesiastical judge.<ref
When the send began to disappear, both ecclesiastical and secular judges were in general held equally competent for mixed offences. Prevention (previous adjudication of the case by one judge or the other) was decisive.
=== Scope of jurisdiction in a strict sense ===
Today the only objects of contentious ecclesiastical jurisdiction (in which, however, the State often takes part or interferes) are: questions of faith, the administration of the [[sacraments]], particularly the contracting and maintenance of marriage, the holding of church services, the creation and modification of benefices, the appointment to and the vacation of ecclesiastical offices, the rights of beneficed ecclesiastics as such, the ecclesiastical rights and duties of patrons, the ecclesiastical rights and duties of religious, the administration of church property.<ref name=":0" />
As to the criminal jurisdiction of the Church it now inflicts on the laity only ecclesiastical penalties, and solely for ecclesiastical offences. If ever civil consequences ensue, only the civil authority can take cognizance of them. As regards ecclesiastics, the power of the Church to punish their disciplinary offences and maladministration of their offices, is widely acknowledged by the State. Where Church and State are not separated, the State aids in investigating these offences, as well as in executing the canonically rendered decisions of the Church.<ref name=":0" />
As to the civil offences of ecclesiastics, ecclesiastical jurisdiction carries with it no secular consequences, though the Church is free to punish such offences by ecclesiastical penalties. According to the [[Papal Bull|papal bull]]
==See also==
*[[Congregationalist church governance]]
*[[Connexionalism]]▼
*[[Ecclesiology]]▼
*[[Episcopalian church governance]]
*[[Presbyterian church governance]]
▲*[[Connexionalism]]
▲*[[Ecclesiology]]
*[[Canonical territory]]
== Notes ==
{{notelist}}
==References==
==
* {{EB1911|wstitle=Ecclesiastical Jurisdiction|volume=8|pages=853–866|first=Walter George Frank
▲{{reflist|30em}}
▲*{{EB1911|wstitle=Ecclesiastical Jurisdiction|volume=8|pages=853–866|first=Walter George Frank |last=Phillimore |authorlink=Walter Phillimore, 1st Baron Phillimore}} The bulk of this article, pages 854ff., conists of a detailed history of the development of the concept, in all branches of Christianity, from the early church to the 18th century.
{{DEFAULTSORT:Ecclesiastical Jurisdiction}}
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[[Category:Canon law]]
[[Category:Canon law of the Catholic Church]]
[[Category:Dioceses (ecclesiastical)]]
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