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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]
The benefit of clergy was abolished in the United Kingdom of Great Britain and Ireland by two acts in 1823, and Parliament formally abolished the benefit of clergy with the Criminal Law Act 1827. There was some doubt as to the efficacy of this act, and a final act was passed in 1841, removing all doubt (statute 4th and 5th Vict. c.
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 natural law jurisprudence, determinatio is the process of making natural law into positive law. [ 4 ] In Catholic canon law , determinatio is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law, [ 2 ] although the content of such law is still essentially that of ...
Canon 285 of the 1983 Code of Canon Law, which governs the Latin Church, states that priests "are to avoid those things which, although not unbecoming, are nevertheless foreign to the clerical state" and prohibits clergy from assuming "public offices which entail a participation in the exercise of civil power."
The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9] This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions.
The Holy See supports the activity of its clergy by the Congregation for the Clergy (), a dicastery of Roman curia. Canon Law indicates (canon 207) that "[b]y divine institution, there are among the Christian faithful in the Church sacred ministers who in law are also called clerics; the other members of the Christian faithful are called lay ...
The orthodox view is that under the law of England and Wales privileged communication exists only in the context of legal advice obtained from a professional adviser. [1] [2] A statement of the law on priest–penitent privilege is contained in the nineteenth century case of Wheeler v. Le Marchant: