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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]
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 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 ...
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 ...
Papal privileges resembled dispensations, since both involved exceptions to the ordinary operations of the law. But whereas "dispensations exempt[ed] some person or group from legal obligations binding on the rest of the population or class to which they belong," [ 1 ] "[p]rivileges bestowed a positive favour not generally enjoyed by most people."
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 ...
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.