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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]
Becket asserted that these secular courts had no jurisdiction over clergy members because it was the privilege of clergy not to be accused or tried for crime except before an ecclesiastical court. After four of Henry's knights murdered Becket in 1170, public sentiment turned against the king, forcing him to make amends with the church.
In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and church members. It grows out of the common law and statutory enactments which may vary between jurisdictions.
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 ...
THE CLERGY-PENITENT PRIVILEGE. An earlier investigation by the AP revealed that more than half the states maintain the clergy-penitent privilege, which provides a loophole for clergy who are ...
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Privileges and indults were both special favours. Some writers hold that the former are positive favours, while indults are negative. [5] The pope might confer a degree as a positive privilege in his capacity as a temporal sovereign, or he might do so by way of dispensation from the strict requirements of the canon law. In both cases his ...
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 ...