swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Ecclesiastical - From: 1849 To: 1899
This page lists 47 cases, and was prepared on 02 April 2018.
The Queen v The Tithe Commissioners For England And Wales [1849] EngR 1214; (1849) 14 QB 459; (1849) 117 ER 179
18 Dec 1849
Ecclesiastical
[ Commonlii ]
Craigie v Marshall (1850) 12 D 523
1850
Ecclesiastical, Scotland
1 Citers
Bonaker, Clerk v Evans [1850] EngR 923; (1850) 16 QB 162; (1850) 117 ER 840
3 Dec 1850
Cexc
Ecclesiastical
Under stat, 1 & 2 Vict. c, 106, a writ of sequestration issued from the Consistory Court of the diocese of W reciting that the bishop had issued a monition, ordering the vicar of the vicarage of C, within the diocese, to reside on his benefice, that the monition was served on the vicar, and he returned that he had since commenced residence in consequence of this monition : that it had been officially reported to the bishop that the vicar had so commenced residence, but had not continued to reside, and had not been present at his vicarage house four months on the whole in the year following the monition ; that the bishop thereupon, by a subsequent order, ordered him to proceed to and reside on the benefice within thirty days ; which order had not been complied with : and the bishop had therefore directed the Court to sequester the profits until the order should have been complied with, or satisfactory reason for non-compliance shewn to the bishop: whereupon the Court sequestered the profits, until, &e. (as before), directing the sequestrator to collect them and out of the same to cause the cure to be duly served, and to account for the residue, &c. The sequestrator having taking the profits accordingly, an action of debt for money had and received was brought against him by the vicar. It appeared at the trial that the sequestration had issued without notice to the vicar to shew cause why it should not issue. Held: by the Court of Exchequer Chamber, on error and bill of exceptions, that such notice was essential to the right of the sequestrator, although, after a proper preliminary proceeding, the judgment of the bishop is final. And, that a notice warning the vicar, after he had made return to the monition, that, unless he resided, the sequestration would issue, was not such a notice as was requisite. Also, that the sequestration could not be considered as issuing under sect. 56, which authorizes the bishop to sequester quousque without further monition or order, when the clerk, after being ordered to reside, begins to reside, but, before the expiration of twelve months thereafter, wilfully absents himself for one mouth. And that the action of debt was well brought. It is advisable that the sequestration in such a case should recite the delinquency and the bishops adjudication tbereon ; and that the previous monition be preceded by a summons to shew cause why it should not issue.
[ Commonlii ]
Regina v The Inhabitants Of The Township Of Ossett [1851] EngR 418; (1851) 16 QB 975; (1851) 117 ER 1155
3 May 1851
Ecclesiastical
[ Commonlii ]
George Stephenson v Henry Theophilus Higginson [1852] EngR 750; (1851-52) 3 HLC 638; (1852) 10 ER 252
18 Jun 1852
Ecclesiastical
Ecclesiastical Court - Proctor - Registrar - Evidence - Practice - Statute, construction. of.
[ Commonlii ]
Sir Henry Edward Bunbury, Bart v Philip Fuller [1853] EngR 768; (1853) 9 Exch 111; (1853) 156 ER 47
25 Jun 1853
Ecclesiastical, Land
In a question of jurisdictional or precedent fact the ultimate arbiters are the courts rather than any public authorities involved. A tithe commissioner could not give himself jurisdiction over land which had previously been discharged from tithe.
1 Citers
[ Commonlii ]
Money v Money [1853] EngR 1040; (1853) 1 Sp Ecc and Ad 117; (1853) 164 ER 68
28 Nov 1853
Ecclesiastical, Costs
Arches Court of Canterbury -In a matrimonial suit, the husband retained one counsel only, and the wife's proctor, conceiving she could not claim the privilege of two, also retained one only, but for the hearing was induced to retain a second The costs thereof being allowed upon taxation, the proctor for the husband objected to the Registrar's report.
Held that the ordinary. practice of the Court was to have two counsel on each side; that a wife was primai facie therefore entitled thereto, arid that the special circumstances of the present case dld not afford sufficiient ground for exception.
[ Commonlii ]
Campbell v Campbell [1857] EngR 421; (1857) Dea & Sw 285; (1857) 164 ER 578
22 Apr 1857
Ecclesiastical, Family
Consistory Court of London - Practice--Condonation--Delay --As a general rule, the Court will always accede to an application to examine witnesses viva voce; and where such application is intended for the whole cause, the pleadings must be concluded before any of the witnesses are examined. Condonation, or the renewal of conjugal intercourse, requires strict proof. In matrimonial causes there are few reasons for delay.
[ Commonlii ]
Couper v Burn (1859) 22 D. 120
1859
Scotland, Ecclesiastical
The court considered a dispute as to the doctrine of the Free Church of Scotland. In doing so it was not restricted to the original documents but could look at doctrinal developments to the date of the action.
1 Cites
1 Citers
The Rev Dunbar Isidore Heath, Clerk v John Burder [1860] UKPC 13
9 Jul 1860
PC
Ecclesiastical
(The Arches Court of Canterbury)
[ Bailii ]
The Rev. Dunbar Isidore Heath, Clerk vJohn Burder (The Arches Court of Canterbury) [1860] UKPC 13
9 Jul 1860
PC
Ecclesiastical
[ Bailii ]
In The Goods of Thomas Tucker [1860] EngR 1298 (B); (1860) 2 Sw & Tr 123
19 Dec 1860
Wills and Probate, Ecclesiastical
[ Commonlii ]
McMillan v Free Church of Scotland; 1861 - (1861) 23 D 1314
Rev. A. Poole v His Grace The Archbishop of Canterbury (Lambeth Palace) [1861] UKPC 13
13 Mar 1861
PC
Ecclesiastical
[ Bailii ]
The Ecclesiastical Commissioners For England v The Vestry of The Parish of St James And St John, Clerkenwell [1861] EngR 620; (1861) 3 De G F & J 688; (1861) 45 ER 1045
25 May 1861
Ecclesiastical, Planning
The exceptions expressed in the 18 & 19 Vict. c. 120, s. 90, and 19 & 20 Vict. c. 112, s. 3 (the Metropolis Local Management Acts), do not exempt the Ecclesiastical Commissioners, acting under the Church Builditig Acts, from the provisions of the first-mentioned Act, and vestries have, under the first-mentioned Act, authority to pull down such portions of churches, as well as of other buildings, as transgress the provisions of that Act.
[ Commonlii ]
Long v Lord Bishop of Cape Town; PC 13-Feb-1863 - [1863] EngR 277; (1863) 1 Moo PC NS 411; (1863) 15 ER 756
Williams v The Lord Bishop of Salsbury and Wilson (The Arches Court of Canterbury) [1865] UKPC 4
8 Feb 1865
PC
Ecclesiastical
The Arches Court of Canterbury
[ Bailii ]
The Vestry Of The Parish Of Bermondsey v Brown [1865] EngR 768; (1865) 35 Beav 226; (1865) 55 ER 882
7 Dec 1865
Ecclesiastical
[ Commonlii ]
Martin v Mackonochie (1866) LR2 A & E 116
1866
Carc
Ecclesiastical
Whether beliefs of the Bishop of Holborn were 'Romish'.
1 Citers
The Rev Andrew Murray And Others v The Rev Thomas Francois Burgers [1866] EngR 188; (1866) 4 Moo PC NS 250; (1866) 16 ER 311
13 Nov 1866
PC
Ecclesiastical
[ Commonlii ]
The Rev Edward Parker, Clerk v Felix Leach [1866] EngR 193; (1866) 4 Moo PC NS 180; (1866) 16 ER 284
19 Nov 1866
PC
Ecclesiastical
[ Commonlii ]
The Rev Lewis Rugg v William Howley Kingsmill [1867] EngR 40; (1867) 5 Moo PC NS 79; (1867) 16 ER 445
16 Dec 1867
PC
Ecclesiastical
[ Commonlii ]
The Rev Lewis Rugg, Clerk v The Right Rev The Lord Bishop Of Winchester [1868] EngR 21; (1868) 5 Moo PC NS 313; (1868) 16 ER 533
17 Nov 1868
PC
Ecclesiastical
[ Commonlii ]
John Martin v The Rev Alexander Heriot Mackonochie, Clerk [1868] EngR 22; (1868) 5 Moo PC NS 500; (1868) 16 ER 603
19 Nov 1868
PC
Ecclesiastical
[ Commonlii ]
Kirton v Dear; 1869 - (1869) 5 CP 217
The Rev Joseph Charles Edwards v William Moss [1869] UKPC 8
18 Feb 1869
PC
Ecclesiastical
(The Arches Court of Canterbury)
[ Bailii ]
Sheppard v The Right Hon Sir Robert Phillimore, Knight, Dl, Official Principal Of The Arches Court Of Canterbury, And The Rev William James Early Bennett, Clerk [1869] EngR 36; (1869) 6 Moo PC NS 58; (1869) 16 ER 649
19 Jun 1869
Ecclesiastical
[ Commonlii ]
Thomas Byard Sheppard v The Rev W J Early Bennett, Clerk [1870] EngR 18; (1870) 9 Moo PC NS 120; (1870) 17 ER 459
26 Mar 1870
PC
Ecclesiastical
[ Commonlii ]
In The Matter Of A Motion By Henry Herbert, In A Cause Lately Depending; Charles James Elphinstone, Of Brighton, In The County Of Sussex, Deceased v The Rev John Purchas, Clerk [1870] EngR 21; (1870) 7 Moo PC NS 17; (1870) 17 ER 7
4 Jun 1870
PC
Ecclesiastical
[ Commonlii ]
John Martin v The Rev Alexander Heriot Mackonochie [1870] EngR 44; (1870) 7 Moo PC NS 239; (1870) 17 ER 91
16 Nov 1870
PC
Ecclesiastical
[ Commonlii ]
Smallbones v Edney and Lunn [1870] UKPC 60
10 Dec 1870
PC
Ecclesiastical
Court of Arches Canterbury
[ Bailii ]
The Reverend Charles Voysey v Thomas Shepherd Noble (Chancery Court of York) [1871] UKPC 19
11 Feb 1871
PC
Ecclesiastical
[ Bailii ]
Thomas Byard Sheppard v The Rev WJ Early Bennett, Clerk [1871] EngR 50; (1871) 9 Moo PC NS 149; (1871) 17 ER 470
2 Dec 1871
PC
Ecclesiastical
[ Commonlii ]
Henry Hebbert v The Rev John Purchas [1872] EngR 31; (1872) 9 Moo PC NS 54; (1872) 17 ER 434
25 Jul 1872
PC
Ecclesiastical
Order of Suspension ab officio et a beneficio decreed against a Clerk in Orders, the perpetual Curate of a Chapel of Ease to a Parish Church, for persistent contempt in disobeying a Monition, issued to enforce obedience to an Order in Council made in an Ecclesiastical cause, declaring illegal and prohibiting the use and practice of certain rites and ceremonies, and vestments, in the services of the Church.
[ Commonlii ]
Alfred Nelson Laughton v The Hon And Right Reverend The Lord Bishop of Sodor And Man; PC 15-Nov-1872 - [1872] EngR 35; (1872) 9 Moo PC NS 318; (1872) 17 ER 534
St Mary Abbots, Kensington (Vicar and Churchwardens) v St Mary Abbots, Kensington (Inhabitants) (1873) Trist 17
1873
Ecclesiastical
1 Citers
Jenkins v Cook [1876] UKPC 13
16 Feb 1876
PC
Ecclesiastical
(The Arches Court of Canterbury)
[ Bailii ]
Ridsdale v Clifton and Others; PC 14-Mar-1876 - [1876] UKPC 17
The Reverend Charles Joseph Ridsdale, Clerk v Clifton; PC 12-May-1877 - [1877] UKPC 18; (1876-77) LR 2 App Cas 574
The Ferguson Bequest Fund Case; 1879 - (1879) 6 R 486
Julius v Lord Bishop of Oxford and Another; HL 23-Mar-1880 - [1880] UKHL 1; (1880) 5 AC 214; [1874-80] All ER 43; 42 LT 546; 49 LJQB 577
Martin v Mackonochie; PC 1882 - (1882) 7 PD 94
Regina v Ramsay and Foote (1883) 15 Cox CC 231
1883
Lord Coleridge CJ
Crime, Ecclesiastical
Lord Coleridge CJ directed a jury on a trial for blasphemous libel: "the mere denial of the truth of the Christian religion or of the Scriptures is not enough per se to constitute a writing a blasphemous libel . . But indecent and offensive attacks on Christianity or the Scriptures, or sacred persons or objects, calculated to outrage the feelings of the general body of the community, do constitute the offence of blasphemy." However, even the fundamentals of religion could be attacked "if the decencies of controversy are observed"
1 Citers
Hastie v McMurtrie (1889) 16 R 715
1889
Inglis, Lord President
Scotland, Employment, Ecclesiastical
The pursuer had been appointed a foreign missionary of the Church of Scotland in India. Held: He had not been appointed to an office in the church but had an ordinary contract of service which was terminable by notice in the usual way. "Holders of benefices in the church are public officers, and these offices are munera publica."
1 Citers
Davis v Beason, Sheriff; 3-Feb-1890 - 133 US 333 (1890); 33 L Ed 637; 10 SCt 299
Philipps v Halliday; HL 1891 - [1891] AC 228
Skerret v Oliver (1896) 23 R 468
1896
Lord McLaren, Lord President Robertson
Ecclesiastical
The pursuer had been suspended from his office as a licentiate of the United Presbyterian Church for having met and walked privately with a young female member of the congregation. Held: Lord McLaren said that the governing bodies of voluntary churches or religious associations are responsible for non-fulfilment of their obligations towards their members in the same degree as the directors of associations constituted on a secular basis are responsible.
Lord President Robertson said that courts of law take no concern with the resolutions of voluntary associations except in so far as they affect civil rights, but that if there is a claim for an invasion of patrimonial rights the court will provide a remedy.
1 Citers
