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The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. [1]
Prior to the adoption of statutory protections, there was some protection under common law. New York: In People v. Phillips (1 Southwest L. J., 90), in the year 1813, the Court of General Sessions in New York recognized the privilege as in a decision rendered by De Witt Clinton, recognized the privilege as applying to Rev. Anthony Kohlmann, S.J., who refused to reveal in court information ...
In English law, the benefit of clergy (Law Latin: privilegium clericale) was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient ...
In the canon law of the Catholic Church, ecclesiastical privileges are the privileges enjoyed by the clergy. Their scope varied over time. [1] The main privileges are: [1] Privilegium canonis, regarding personal inviolability against malicious injury; Privilegium fori, regarding a special tribunal in civil and criminal causes before an ...
The relations between the Catholic Church and the state have been constantly evolving with various forms of government, some of them controversial in retrospect. In its history, the Church has had to deal with various concepts and systems of governance, from the Roman Empire to the medieval divine right of kings, from nineteenth- and twentieth-century concepts of democracy and pluralism to the ...
In 1828, the case of Broad v Pitt 3 C&P 518, where the privilege of communications to an attorney was under discussion, Best CJ said: The privilege does not apply to clergymen since the decision the other day in the case of Gilham [supra]. I, for one, will never compel a clergyman to disclose communications made to him by a prisoner: but if he ...
Cadigan argued that the church interpreted the clergy-penitent privilege more broadly than the state legislature intended in the Adams case by applying it to others in the church, in addition to ...
One of the objectives of the French Revolution was the abolition of privilege. This meant the removal of separate laws for different social classes (nobility, clergy, and ordinary people), instead subjecting everyone to the same common law. Such privileges were abolished by the National Constituent Assembly on August 4, 1789.