the court of the cardinal vicar-general consists of such vicar-general and four other prelates (Smith, ubi supra). In the Roman communion in England and the United States, there are commissions of investigation appointed to hear in first instance the criminal causes of clerks. They consist of five, or at least three, priests nominated by the bishop in and with the advice of the diocesan synod. In the United States, since 1884, the bishop presides on these commissions. They report their opinions to the bishop, who passes final sentence (ib. ii. 129-131).
“Exemptions” now include all the regular religious orders, i.e. those orders which have solemn vows. Over the members of these orders their superiors have jurisdiction and not the bishop. Otherwise if they live out of their monastery, or even within that enclosure so notoriously offend as to cause scandal. In the first case, they may be punished by the ordinary of the place, acting as delegate of the pope without special appointment (Conc. Trid. Sess. vi. c. 3). In the second case, the bishop may require the superior to punish within a certain time and to certify the punishment to him; in default he himself may punish (Conc. Trid. Sess. xxv. c. 14, cf. Smith, op. cit. i. 204-206). So, regulars having cure of souls are subject to the jurisdiction of the bishop in matters pertaining thereto (ib. p. 206). The exemption of regular religious orders may be extended to religious societies without solemn vows by special concession of the pope, as in the case of the Passionists and Redemptorists (ib. p. 205; Sanguineti, Juris ecc. inst., Rome, 1800, pp. 393, 394).
Appeal lies, in nearly all cases, to the metropolitan (Smith, op. cit. pp. 219-223). Metropolitans usually now have a metropolitan tribunal distinct from their diocesan court (ib. ii. 141), but constructed on the same lines, with the metropolitan as judge and his vicar-general as vice-judge. In some “missionary” dioceses, the metropolitan, qua metropolitan, has a separate commission of investigation, to try the criminal causes of clerks, sentence being passed by himself or his vicar-general (ib. p. 142).
The next step in the hierarchy, that of “primates” (supra), has “in the present state of the Church” ceased to exist for our purpose (Sanguineti, op. cit. p. 334), as a result of Tridentine legislation. The only appellate jurisdiction from the metropolitans is the Roman See. To it also lies a direct appeal from the court of first instance, omisso medio (Smith, op. cit. i. 224). The pope’s immediate and original jurisdiction in every diocese is now expressly affirmed by the Vatican Council (ib. p. 239). That original jurisdiction he reserves exclusively to himself in causis majoribus (ib. pp. 249-250). These are (1) causes relating to elections, translations and deprivations of, and criminal prosecutions against, bishops, and (2) the matrimonial cases of princes (Taunton, op. cit. s.v. “Cause”).
In the Eastern Church, the early system of ecclesiastical judicature long continued. But a sacred character was ascribed to the emperors. They are “anointed lords like the bishops” (Balsamon, in Conc. Ancyr. Can. xii., representing the view of the 12th and 13th centuries). Eastern Church.Bishops were often deposed by administrative order of the emperor; synods being expected afterwards to confirm, or rather accept, such order. The germ of this dealing with a major causa may be found in the practice of the Arian emperors in the 4th century. The cause of Ignatius and Photius was dealt with in the 9th century by various synods; those in the East agreeing with the emperor’s view for the time being, while those in the West acted with the pope. (The details are in Mansi, Conc. in locis, and in Hefele, Conc. in locis, more briefly. They are summarized in Landon, Manual of Councils, s.v. “Constantinople,” “Rome,” and in E. S. Foulkes, Manual of Ecclesiastical History, s.v. “Century IX.”) Since these transactions patriarchs have been deposed by the Byzantine emperors; and the Turkish sultans since the 15th century have assumed to exercise the same prerogative.
The spiritual courts in the East have permanently acquired jurisdiction in the matrimonial causes of baptized persons; the Mahommedan governments allowing to Christians a personal law of their own. The patriarch of Constantinople is enabled to exercise an extensive criminal jurisdiction over Christians (Neale, Hist. of the Eastern Church, i. 30, 31).
The empire of Russia has in the matter of ecclesiastical jurisdiction partly developed into other forms, partly systematized 4th century and later Byzantine rules. The provincial system does not exist; or it may be said that all Russia is one province. An exception should be made in the case of Georgia, which is governed by an “exarch,” with three suffragans under him. In the remainder of the empire the titles of metropolitan, save in the case of the metropolitan of all Russia, and of archbishop, were and are purely honorary, and their holders have merely a diocesan jurisdiction (see Mouravieff, History of the Russian Church, translated Blackmore, 1842, translator’s notes at pp. 370, 390, 416 et seq.). So in Egypt the bishop or “pope” (afterwards patriarch) of Alexandria was the only true metropolitan (Neale, History of the Eastern Church, Gen. Introd. vol. i. p. 111). The metropolitan of Russia from the time of the conversion (A.D. 988) settled at Kiev, and his province was part of the patriarchate of Constantinople, and appeals lay to Constantinople. Many such appeals were taken, notably in the case of Leon, bishop of Rostov (Mouravieff, op. cit. p. 38). The metropolitical see was for a short time transferred to Vladimir and then finally to Moscow (Mouravieff, chs. iv., v.). After the taking of Constantinople in 1452, the Russian metropolitans were always chosen and consecrated in Russia, appeals ceased, and Moscow became de facto autocephalous (Joyce, ubi sup. p. 379; Mouravieff, op. cit. p. 126). The tsar Theodore in 1587 exercised the power of the Byzantine emperors by deposing the metropolitan, Dionysius Grammaticus (Mouravieff, p. 125). In 1587 the see of Moscow was raised to patriarchal rank with the consent of Constantinople, and the subsequent concurrence of Alexandria, Antioch and Jerusalem (ib. c. vi.). Moscow became the final court, in theory, as it had long been in practice. Certain religious houses, however, had their own final tribunals and were “peculiars,” exempt from any diocesan or patriarchal jurisdiction for at least all causes relating to Church property (ib. p. 131).
The subject matter of ecclesiastical jurisdiction in Russia during the whole patriarchal period included matrimonial and testamentary causes, inheritance and sacrilege, and many questions concerning the Church domains and Church property, as well as spiritual offences of clergy and laity (ib.). The bishops had consistorial courts; the patriarchs, chanceries and consistories (ib.). Bishops were judged in synod (see, e.g. the case of the archbishop of Polotsk in 1622, ib. p. 179) and only lawfully judged in synod (ib. p. 215).
Clerks and the dependants of the metropolitan (afterwards the patriarch) appear to have been immune from secular jurisdiction, except in the case of crimes against life, from the time of Ivan the Terrible (ib. pp. 180-181). The tsar Michael, in the earlier 17th century, confirmed these immunities in the case of the clergy of the patriarch’s own diocese, but provided that in country places belonging to his diocese, monasteries, churches and lands should be judged in secular matters by the Court of the Great Palace, theoretically held before the tsar himself (ib. p. 181). This tsar limited the “peculiar” monasteries to three, and gave the patriarch jurisdiction over them (ib.). The next tsar, Alexis, however, by his code instituted a “Monastery Court,” which was a secular tribunal composed of laymen, to judge in civil suits against spiritual persons, and in matters arising out of their manors and properties (ib. p. 193). This court was not in operation during the time when the patriarch Nikon was also in effect first minister; but upon his decline exercised its full jurisdiction (ib. p. 216). Nikon was himself tried for abdicating his see, causing disorder in the realm, oppression and violence, first before a synod of Moscow composed of his suffragans and some Greek bishops, and afterwards before another synod in which sat the patriarchs of Alexandria and Antioch, the metropolitans of Servia and Georgia, the archbishops of Sinai and Wallachia, and the metropolitans of Nice, Amasis, Iconium, Trebizond, Varna and Scio, besides the Russian bishops. This synod in 1667 deposed Nikon, degraded him from holy orders, and sentenced him to perpetual penance in a monastery (ib. pp. 220-232). The next tsar, Theodore,
