Ecclesiastical - 1849- 1899

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This page lists 25 cases, and was prepared on 28 October 2012.

Craigie -v- Marshall (1850) 12 D 523
1850	Ecclesiastical, Scotland	Casemap 1 Citers

Regina -v- The Inhabitants Of The Township Of Ossett [1851] EngR 418; (1851) 16 QB 975; (1851) 117 ER 1155
3 May 1851	Ecclesiastical
	Link[s] omitted

Sir Henry Edward Bunbury, Bart -v- Philip Fuller [1853] EngR 768; (1853) 9 Exch 111; (1853) 156 ER 47
25 Jun 1853	Ecclesiastical, Land	1 Citers
	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.
	Link[s] omitted

Couper -v- Burn (1859) 22 D. 120
1859	Scotland, Ecclesiastical	Casemap 1 Cites 1 Citers
	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.

In The Goods of Thomas Tucker [1860] EngR 1298; (1860) 2 Sw & Tr 123; (1860) B)
19 Dec 1860	Wills and Probate, Ecclesiastical
	Link[s] omitted

McMillan -v- Free Church of Scotland (1861) 23 D 1314
1861 Lord President McNeill	Scotland, Ecclesiastical	Casemap 1 Citers
	A clergyman complained of the loss of his benefice. Held: A patrimonial interest was involved and that the court would protect it. While the court might not have the power to restore the pursuer to the ministry, it did not follow that he was unable to prosecute his civil rights and interests, whatever they might be.

The Vestry Of The Parish Of Bermondsey -v- Brown [1865] EngR 768; (1865) 35 Beav 226; (1865) 55 ER 882
7 Dec 1865	Ecclesiastical
	Link[s] omitted

Martin -v- Mackonochie (1866) LR2 A & E 116
1866 Carc	Ecclesiastical	Casemap 1 Cites 1 Citers
	Whether beliefs of the Bishop of Holborn were 'Romish'.

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
	Link[s] omitted

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
	Link[s] omitted

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
	Link[s] omitted

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
	Link[s] omitted

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
	Link[s] omitted

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
	Link[s] omitted

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
	Link[s] omitted

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.
	Link[s] omitted

Alfred Nelson Laughton -v- The Hon And Right Reverend The Lord Bishop Of Sodor And Man [1872] EngR 35; (1872) 9 Moo PC NS 318; (1872) 17 ER 534
15 Nov 1872 PC	Defamation, Ecclesiastical
	The charge of a Bishop to his Clergy in Convocation is, in the ordinary sense of the term, a privileged communication; on the well-known principle that a communication made bona fide upon any subject matter in which the party has an interest, or in reference to which he has, or honestly believes he has, a duty, is privileged, if made to a person having a corresponding interest or duty, although it contains criminatory matter which, without that privilege, would be defamatory and actionable, provided that, the occasion on which the communication is made rebuts the prima facie inference of malice, in fact, arising from a statement prejudicial to the character of the Plaintiff, and the onus is upon him to prove that there was actuaI malice, that the Defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made.
	Link[s] omitted

St Mary Abbots, Kensington (Vicar and Churchwardens) -v- St Mary Abbots, Kensington (Inhabitants) (1873) Trist 17
1873	Ecclesiastical	Casemap 1 Citers

Jenkins -v- Cook [1876] UKPC 13
16 Feb 1876 PC	Ecclesiastical
	(The Arches Court of Canterbury)
	Link[s] omitted

Julius -v- Lord Bishop of Oxford and Another [1880] UKHL 1; (1880) 5 AC 214
23 Mar 1880 HL Lord Selborne, Lord Penzance	Administrative, Ecclesiastical	Casemap 1 Citers
	A statute enacted that with regard to certain charges against any Clerk in Holy Orders it "shall be lawful" for the Bishop of the diocese "on the application of any party complaining thereof" to issue a commission for enquiry. Held: The words "it shall be lawful" merely conferred a power, not a duty. Lord Cairns said: "But there may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something in the conditions under which it is to be done, something in the title of the person or persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person on whom the power is reposed, to exercise that power when called upon to do so." and the cases decided "that where a power is deposited with a public officer for the purpose of being used for the benefit of persons who are specifically pointed out, and with regard to whom a definition is supplied by the Legislature of the conditions upon which they are entitled to call for its exercise, that power ought to be exercised, and the Court will require it to be exercised." Lord Penzance said that the true question was whether regard being had to the person enabled, to the subject matter, to the general objects of the statute and to the person or class of persons for whose benefit the power was intended to be conferred, the words do or do not create a duty. Lord Selborne said that the question was whether it could be shown from any particular words in the Act or from the general scope and objects of the statute that there was a duty. Lord Blackburn said: "though giving a power is prima facie merely enabling the donee to act, and so may not inaccurately be said to be equivalent to saying he may act, yet if the object of giving the power is to enable the donee to effectuate a right, then it is the duty of the donee of the power to exercise the power when those who have the right call upon him so to do. And this is equally the case where the power is given by the word 'may', if the object be clear."
	Link[s] omitted

Martin -v- Mackonochie (1882) 7 PD 94
1882 PC	Ecclesiastical	Casemap 1 Cites 1 Citers
	The Board sat with ecclesastical assessors to examine whether the religious beliefs of the Bishop of Holborn were Romish.

Hastie -v- McMurtrie (1889) 16 R 715
1889 Inglis, Lord President	Scotland, Employment, Ecclesiastical	Casemap 1 Citers
	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."

Skerret -v- Oliver (1896) 23 R 468
1896 Lord McLaren, Lord President Robertson	Scotland, Ecclesiastical	Casemap 1 Citers
	The pursuer had been supsended 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.