commissary courtn.
/ˌkɒmᵻs(ə)rɪ ˈkɔːt/, U.S. /ˌkɑməˌsɛri ˈkɔrt/ 1. Christian Church. In England: the court of a bishop's commissary (commissary n.1 1), dealing with ecclesiastical matters and offences under ecclesiastical law; a consistory court (cf. consistory n. 7a) presided over by a commissary. Now historical, except with reference to the consistory court of the Diocese of Canterbury.
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1590 R. Alison Plaine Confut. Treat. Brownisme 136 These assemblies haue not the power which Christ hath giuen vnto his church..but are driuen to the Commissarie courtes.
1621 D. Calderwood Altar of Damascus v. 143 The Commissarie court is but a little stinking ditch, say the authors of the admonition to the Parliament.
?1663 T. Grantham et al. Fourth Humble Addr. Anabaptists Lincoln (single sheet) That the intollerable Burdens that lies upon us by the Proceedings of the Commissary Courts, may be removed.
1740 T. Crosby Hist. Eng. Baptists III. i. 88 Presentments, and excommunications in the commissary courts we have had some hundreds.
1818 J. Phillimore Cases Eccl. Courts 1 228 The decision was in favour of the marriage; the cause was appealed to the Court of Arches, where the sentence of the Commissary Court of Surry was affirmed.
1871 St. James's Mag. 7 237 It remains optional to prove [a will] either at the Bishop of London's Archdeaconry of Middlesex or a Commissary Court.
1920 C. Jenkins Eccl. Rec. i. 41 How many records of a Commissary Court do we know to survive of earlier date than Elizabeth, or even then?
2010 Kentish Express (Nexis) 23 Dec. Approval for the works to turn part of the church into an arts venue was granted in full by the Commissary Court of Canterbury.
2. Scots Law. Originally: any of a number of local courts established in 1563 after the Reformation, dealing with matters of probate, divorce, etc., which were previously under the jurisdiction of a bishop's commissary or diocesan official (official n.1 1). Later: a sheriff or county court appointing and confirming the executors of deceased persons leaving personal property in Scotland.The powers of the original commissary courts were transferred to the sheriff courts in 1823. The Edinburgh Commissary Court was the principal court and first to be established; it heard appeals from the local courts and survived until 1836 when its powers were transferred to the Court of Session. In 1876, the original commissary courts were formally abolished under the Sheriff Courts (Scotland) Act.
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society > law > administration of justice > judicial body, assembly, or court > [noun] > specific inheritance or probate courts
commissaries' court?1529
Orphan's court1568
schynd1577
commissary court1644
Court of Probate1655
commissarial1680
prerogative court1702
probate court1726
1644 S. Rutherford Lex, Rex xliii. 438 Commissary Courts, wherin the King appoints the Commissary, his Deputies, and makes the Lords of the Session his great Consistory in all Ecclesiasticall Causes.
1672 Acts Parl. Scotl. (1820) VIII. 88/2 The commissary courts, shirref courts, toune courts and all other courts & judicatories of the kingdome.
1723 J. Macky Journey through Scotl. xi. 212 They have here Commissary-Courts for Confirmation and Proving of Wills and Testaments.
1796 Royal Charter erecting Faculty Procurators Glasgow into Corporation 11 No person shall be entitled..to plead and practise before the said Commissary Courts of Glasgow, and of Hamilton and Campsie,..unless such person shall have served a regular apprenticeship.
1845 New Statist. Acct. Scotl. V. 57 [Ayr.] There is also a Commissary Court held every week during session, when business requires it, in which the sheriffs are also judges.
1885 Dict. National Biogr. III. 52/2 It was found necessary to institute a commissary court at Edinburgh [in 1563].
1967 E. Rudinger Wills & Probate 108 When they deal with such matters [sc. proving the will], the sheriff courts are technically known as commissary courts. Commissary business is conducted on a county basis.
2001 Times (Nexis) 30 Jan. The Aberdeen Stylebook was written rather hastily after fire broke out in October 1721 in the office of the clerk to the city's commissary court, destroying all records.
This entry has been updated (OED Third Edition, December 2015; most recently modified version published online March 2022).
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n.1590