Ecclesiastical jurisdiction
Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.[1]
Overview
Jurisdiction is a term taken from law that has been widely used in theology. It is often used to distinguish between the power to perform sacraments (called "order") and the right to administer them (called "jurisdiction"). It also refers to the territorial or functional limits of Church authority whether legislative, executive, or judicial. In this context, it means the authority Church judges have to investigate and decide cases under canon law.[1]
Originally, Roman lawyers saw jurisdiction as something worldly and temporal. Christians adapted this idea to the spiritual realm, as part of the belief in the Kingdom of God and its rule over the soul.
This authority was also seen as coming from God, who ruled both the spiritual and temporal world. From early on, the Church had its own legislative, executive, and judicial powers in spiritual matters. Before it was united with the State, the Church could only influence people’s spirits, not their bodies or property unless allowed by civil rulers.
Also, even for baptized Church members, if a case was entirely about temporal matters, the Church could not claim full legal authority. However, when Church courts acted within their spiritual scope, all believers, both clergy and laypeople, were subject to them, and no distinction was made between the two groups in this regard.
References
- ↑ 1.0 1.1 Phillimore 1911, p. 853.