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Priest–penitent Privilege In England
The doctrine of priest–penitent privilege does not appear to apply in English law. 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. A statement of the law on priest–penitent privilege is contained in the nineteenth century case of ''Wheeler v. Le Marchant'': Justification of the rule The foundation of the rule protecting communications to attorneys and counsel was stated by Henry Brougham, 1st Baron Brougham and Vaux, Lord Chancellor, in an exhaustive judgment on the subject in the case of ''Greenough v. Gaskell'' (1833) 1 Mylne & Keen 103, to be the necessity of having the aid of men skilled in jurisprudence for the purpose of the administration of justice. It was not, he said, on account of any particular importance which the law attributed to the business of people in the legal profession or of any particular disposition to afford them protection, though it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of England And Wales
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Command Paper
A command paper is a document issued by the UK Government and presented to Parliament. White papers, green papers, treaties, government responses, draft bills, reports from Royal Commissions, reports from independent inquiries and various government organisations can be released as command papers, so called because they are presented to Parliament formally "By His Majesty's Command". Dissemination Command papers are: * produced by government departments * printed on behalf of His Majesty's Stationery Office * presented to Parliament "by Command of His Majesty" by the appropriate government minister * recorded by the House of Commons and the House of Lords * published by government departments on gov.uk * subject to statutory legal deposit Numbering Command papers are numbered. Since 1870 they have been prefixed with an abbreviation of "command" which has changed over time to allow for new sequences. See also *Office of Public Sector Information The Office of Public Sector ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip Yorke, 1st Earl Of Hardwicke
Philip Yorke, 1st Earl of Hardwicke, (1 December 16906 March 1764) was an English lawyer and politician who served as Lord High Chancellor of Great Britain. He was a close confidant of the Duke of Newcastle, Prime Minister between 1754 and 1756 and 1757 until 1762. Background A son of Philip Yorke, an attorney, he was born at Dover. Through his mother, Elizabeth, daughter and co-heiress of Richard Gibbon of Rolvenden, Kent, he was connected with the family of Edward Gibbon the historian. He was educated at a school in Bethnal Green run by Samuel Morland, a nonconformist. At age 16, Yorke entered the attorney's office of Charles Salkeld in Holborn, London. He was entered at the Middle Temple in November 1708, and perhaps recommended by his employer to Lord Chief Justice Parker as law tutor to his sons. In 1715, Yorke was called to the bar, where his progress was, says Lord Campbell, more rapid than that of any other debutant in the annals of our profession, his advancemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Catesby
Robert Catesby (c. 1572 – 8 November 1605) was the leader of a group of English Catholics who planned the failed Gunpowder Plot of 1605. Born in Warwickshire, Catesby was educated in Oxford. His family were prominent recusant Catholics, and presumably to avoid swearing the Oath of Supremacy he left college before taking his degree. He married a English Reformation, Protestant in 1593 and fathered two children, one of whom survived birth and was baptised in a Protestant church. In 1601 he took part in the Essex Rebellion but was captured and fined, after which he sold his estate at Chastleton. The Protestant James VI and I, James I, who became King of England in 1603, was Anti-Catholicism in the United Kingdom, less tolerant of Catholicism than his followers had hoped. Catesby therefore planned to kill him by blowing up the House of Lords with gunpowder during the State Opening of Parliament, the prelude to a popular revolt during which a Catholic monarch would be restored to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gunpowder Plot
The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was a failed assassination attempt against King James I by a group of provincial English Catholics led by Robert Catesby who sought to restore the Catholic monarchy to England after decades of persecution against Catholics. The plan was to blow up the House of Lords during the State Opening of Parliament on 5 November 1605, as the prelude to a popular revolt in the Midlands during which King James's nine-year-old daughter, Elizabeth, was to be installed as the Catholic head of state. Catesby may have embarked on the scheme after hopes of securing greater religious tolerance under King James I had faded, leaving many English Catholics disappointed. His fellow contributors were John and Christopher Wright, Robert and Thomas Wintour, Thomas Percy, Guy Fawkes, Robert Keyes, Thomas Bates, John Grant, Ambrose Rookwood, Sir Everard Digby and Francis Tresham. Fawkes, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (crime)
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, the plan is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-conspirato ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Garnet
Henry Garnet (July 1555 – 3 May 1606), sometimes Henry Garnett, was an English Jesuit priest executed for his complicity in the Gunpowder Plot of 1605. Born in Heanor, Derbyshire, he was educated in Nottingham and later at Winchester College before he moved to London in 1571 to work for a publisher. There he professed an interest in legal studies and in 1575, he travelled to the continent and joined the Society of Jesus. He was ordained in Rome some time around 1582. In 1586 Garnet returned to England as part of the Jesuit mission, soon succeeding Father William Weston as Jesuit superior, following the latter's capture by the English authorities. Garnet established a secret press, which lasted until late 1588, and in 1594 he interceded in the Wisbech Stirs, a dispute between secular and regular clergy. He preferred a passive approach to the problems Catholics faced in England, approving of the disclosure by Catholic priests of the existence of the 1603 Bye Plot, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry VIII Of England
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disagreement with Pope Clement VII about such an annulment led Henry to initiate the English Reformation, separating the Church of England from papal authority. He appointed himself Supreme Head of the Church of England and dissolved convents and monasteries, for which he was excommunicated by the pope. Henry is also known as "the father of the Royal Navy" as he invested heavily in the navy and increased its size from a few to more than 50 ships, and established the Navy Board. Domestically, Henry is known for his radical changes to the English Constitution, ushering in the theory of the divine right of kings in opposition to papal supremacy. He also greatly expanded royal power during his reign. He frequently used charges of treason and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Church Of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kent led by Augustine of Canterbury. The English church renounced papal authority in 1534 when Henry VIII failed to secure a papal annulment of his marriage to Catherine of Aragon. The English Reformation accelerated under Edward VI's regents, before a brief restoration of papal authority under Queen Mary I and King Philip. The Act of Supremacy 1558 renewed the breach, and the Elizabethan Settlement charted a course enabling the English church to describe itself as both Reformed and Catholic. In the earlier phase of the English Reformation there were both Roman Catholic martyrs and radical Protestant martyrs. The later phases saw the Penal Laws punish Ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seal Of The Confessional And The Catholic Church
In the Catholic Church, the Seal of Confession (also known as the Seal of the Confessional or the Sacramental Seal) is the absolute duty of priests or anyone who happens to hear a confession not to disclose anything that they learn from penitents during the course of the Sacrament of Penance (confession). Even where the seal of confession does not strictly apply – where there is no specific serious sin confessed for the purpose of receiving absolution – priests have a serious obligation not to cause scandal by the way they speak. History Ecumenical councils Canon 21 of the Fourth Council of the Lateran (1215), binding on the whole church, laid down the obligation of secrecy in the following words: Gratian, who compiled the edicts of previous Catholic Ecumenical Councils and the principles of church law, published the '' Decretum'' about 1151. It includes the following declaration of the law as to the seal of confession: "Let the priest who dares to make known the sins of hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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