Order and Orthodox: The Influence of Ecclesiastical Courts on the Federal Rules of Civil Procedure And a Biblical Worldview

Author(s)

• Rachel Auld, Liberty UniversityFollow

Publication Date

Spring 2026

School

Helms School of Government

Major

Government: Pre-Law

Keywords

civil procedure, ecclesiastical courts, biblical worldview, federal rules of civil procedure, king's courts, litigation guardians, appeals

Disciplines

Civil Law | Civil Procedure | Common Law

Recommended Citation

Auld, Rachel, "Order and Orthodox: The Influence of Ecclesiastical Courts on the Federal Rules of Civil Procedure And a Biblical Worldview" (2026). Senior Honors Theses. 1558.
https://digitalcommons.liberty.edu/honors/1558

Abstract

When analyzing the English history of American civil procedure, one could stop at the common law; however, England had two distinct courts at the time of the American Revolution: King’s courts and Ecclesiastical courts. At this time, the Ecclesiastical courts governed religious and moral issues including divorce, defamation, and probate. As a result, the Ecclesiastical courts had separate procedures from the common law King’s courts. America adopted the Ecclesiastical courts’ legal fields, and in turn, aspects of the Ecclesiastical court procedure. This thesis addresses the influence of the Ecclesiastical courts on the modern American Federal Rules of Civil Procedure by highlighting the Ecclesiastical court contributions of an appellate system and litigation guardians.