Ecclesiastical Law
English law pertaining to matters concerning the church. This law was administered by ecclesiastical courts and is considered a branch of English common law; it was intended to vindicate the dignity and peace of the church by reforming the ecclesiastical state and persons, and "all manner of errors, heresies, schisms, abuses, offenses, contempts and enormities." 3 Bl. Comm. *67. Today, in equity and divorce cases, courts still rely on the principles and doctrines established by ecclesiastical law insofar as these principles are consistent with relevant constitutional and statutory law. 44 S.E. 861, 862. American law specifically adopted the practice of granting alimony, as incident to divorce, from English ecclesiastical law. Clark, The Law of Domestic Relations in the United States §16.1 (2d ed. 1988).
Historically, the ecclesiastical courts had undisturbed jurisdiction over rights of marriage, actions for divorce, restitution of conjugal rights and testamentary and intestacy cases. 3 Bl. Comm. *87-98. There is, however, a conflict of opinion as to whether ecclesiastical law has been adopted as part of the common law of this country. Some courts hold that this code of laws cannot be considered part of the common law since it is based on a union of church and state which has no place in our legal system. 108 A. 2d 882, 887. Other courts consider some of this law part of the common law, especially if these laws afford a good rule of construction for a particular American law. See generally, Clark, The Law of Domestic Relations in the United States §13.1 (2d ed. 1988); 10 S.E. 2d 893, 896-897. See canon, corpus juris.
