Ecclesiastical Courts Origins

Ecclesiastical Courts Origins

Introduction to Ecclesiastical Courts Origins

Ecclesiastical courts originated among the early Christians in Rome before the adoption of Christianity by Roman Emperor Constantine the Great in the 4th century. The Christians, as a persecuted sect, had no access to the Roman courts; Roman courts, moreover, were pagan and were proscribed by Christian leaders on religious and moral grounds. The Christians therefore needed their own courts, which were simple tribunals, the chief function of which was to arbitrate disputes among church members, with bishops acting as the arbitrators.

After Christianity became the state religion of Rome, the ecclesiastical courts were incorporated into the Roman judicial system. The Christian church developed on a pontifical and hierarchical basis, and its powers grew; the simple courts of primitive Christianity underwent a corresponding development. In time they became part of a complex system exercising jurisdiction delegated by the pope in his capacity as the supreme judicial power in the Christian church. Then, as the secular power of Rome declined and its institutions decayed, the ecclesiastical courts began to assume jurisdiction in secular affairs.” (1)

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Notes and References

Guide to Ecclesiastical Courts Origins

In this Section

Ecclesiastical Courts, Ecclesiastical Courts Origins, Ecclesiastical Courts in the Middle Ages and Ecclesiastical Courts Decline in Power.


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