Edward Lowth Badeley (1803 or 1804 – 1868) was an English

ecclesiastical law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

yer and member of the

Oxford Movement The Oxford Movement was a movement of high church members of the Church of England which began in the 1830s and eventually developed into Anglo-Catholicism. The movement, whose original devotees were mostly associated with the University of O ...

who was involved in some of the most notorious cases of the 19th century.

Early life

Born 1803 or 1804, Edward was the younger son of the medical doctor John Badeley and his wife, Charlotte ''née'' Brackenbury of

Chelmsford Chelmsford () is a city in the City of Chelmsford district in the county of Essex, England. It is the county town of Essex and one of three cities in the county, along with Southend-on-Sea and Colchester. It is located north-east of London a ...

. He graduated with

second-class honours The British undergraduate degree classification system is a grading structure for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied (sometimes with significant variati ...

from

Brasenose College, Oxford Brasenose College (BNC) is one of the constituent colleges of the University of Oxford in the United Kingdom. It began as Brasenose Hall in the 13th century, before being founded as a college in 1509. The library and chapel were added in the mi ...

, in 1823 with a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

classics Classics or classical studies is the study of classical antiquity. In the Western world, classics traditionally refers to the study of Classical Greek and Roman literature and their related original languages, Ancient Greek and Latin. Classics ...

and took his

Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...

degree in 1828. He was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

by the

Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...

in 1841. He started to practise on the home circuit but was attracted by ecclesiastical law. Badeley had met

John Henry Newman John Henry Newman (21 February 1801 – 11 August 1890) was an English theologian, academic, intellectual, philosopher, polymath, historian, writer, scholar and poet, first as an Anglican ministry, Anglican priest and later as a Catholi ...

in 1837 and become a follower soon after. He soon became associated with his fellow

Anglo-Catholic Anglo-Catholicism comprises beliefs and practices that emphasise the Catholic heritage and identity of the various Anglican churches. The term was coined in the early 19th century, although movements emphasising the Catholic nature of Anglican ...

lawyers

James Hope-Scott James Robert Hope-Scott (15 July 1812 – 29 April 1873) was a British barrister and Tractarian. Early life and conversion Born at Great Marlow, in the county of Buckinghamshire, and christened James Robert, Hope was the third son of Gen ...

and Edward Bellasis in defending

Tractarianism The Oxford Movement was a movement of high church members of the Church of England which began in the 1830s and eventually developed into Anglo-Catholicism. The movement, whose original devotees were mostly associated with the University of O ...

. In 1848 he appeared for the objectors to the appointment of Renn Hampden as

Bishop of Hereford The Bishop of Hereford is the ordinary of the Church of England Diocese of Hereford in the Province of Canterbury. The episcopal see is centred in the Hereford, City of Hereford where the bishop's seat (''cathedra'') is in the Hereford Cathedr ...

. In 1849, a commission had been established to review the prohibition of marriage with a deceased wife's sister, a practice that was to remain unlawful in the United Kingdom until the

Deceased Wife's Sister's Marriage Act 1907 The Deceased Wife's Sister's Marriage Act 1907 ( 7 Edw.7 c.47) was an Act of the Parliament of the United Kingdom, allowing a man to marry his dead wife's sister, which had previously been forbidden. This prohibition had derived from a doctrine ...

. Badeley made a submission, communicated by

Edward Bouverie Pusey Edward Bouverie Pusey (; 22 August 180016 September 1882) was an English Anglican cleric, for more than fifty years Regius Professor of Hebrew at the University of Oxford. He was one of the leading figures in the Oxford Movement. Early years H ...

opposing any change in the law.

Gorham judgment

Badeley appeared for

Henry Phillpotts Henry Phillpotts (6 May 177818 September 1869), often called "Henry of Exeter", was the Anglican Bishop of Exeter from 1830 to 1869. One of England's longest serving bishops since the 14th century, Phillpotts was a striking figure of the 19th- ...

, the

Bishop of Exeter The Bishop of Exeter is the ordinary of the Church of England Diocese of Exeter in the Province of Canterbury. Since 30 April 2014 the ordinary has been Robert Atwell.

, before the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

when

George Cornelius Gorham George Cornelius Gorham (1787–1857) was a vicar in the Church of England. His legal recourse to being denied a certain post, subsequently taken to a secular court, caused great controversy. Early life George Cornelius Gorham was born on 21 Aug ...

appealed against Phillpotts' refusal to confirm him in the

benefice A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...

Brampford Speke Brampford Speke ( ) is a small village in Devon, to the north of Exeter. The population is 419. It is located on red sandstone cliffs overlooking the river Exe. Its sister village of Upton Pyne lies to its southwest, and Stoke Canon is across t ...

. The Privy Council overturned the bishop's ruling, confirming Gorham in his living, and were seen to impose secular over canon authority, causing a great scandal in some quarters. In the summer of 1850, Badeley, Henry Manning and 12 other prominent

Anglicans Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the l ...

called upon the

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 ...

to repudiate the views that the Privy Council had expressed on

baptism Baptism (from grc-x-koine, βάπτισμα, váptisma) is a form of ritual purification—a characteristic of many religions throughout time and geography. In Christianity, it is a Christian sacrament of initiation and adoption, almost inv ...

. There was no response and Badeley was one of many when he joined the

Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

in 1852.

Later life

Badeley was assistant counsel to

Sir Alexander Cockburn Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice for 21 years. He heard some of the leading '' causes célèbres'' of the nin ...

in John Henry Newman's defence when he was

prosecuted A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

for

libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...

Giacinto Achilli Giovanni Giacinto Achilli (; ''c.'' 1803 – ''c.'' 1860) was an Italian Roman Catholic Dominican friar and anti-Jesuit who was discharged from the priesthood and imprisoned by the Roman Inquisition for being falsely accusedKer (2004)Ward (1912) ...

in 1852. Badeley frequently advised Newman on legal matters thereafter, advising that Newman reject

Charles Kingsley Charles Kingsley (12 June 1819 – 23 January 1875) was a broad church priest of the Church of England, a university professor, social reformer, historian, novelist and poet. He is particularly associated with Christian socialism, the working ...

's partial withdrawal of his satirical jibe that Newman cared little for truth and encouraging him to write the ''

Apologia Pro Vita Sua ''Apologia Pro Vita Sua'' (Latin: ''A defence of one's own life'') is John Henry Newman's defence of his religious opinions, published in 1864 in response to Charles Kingsley of the Church of England after Newman quit his position as the Anglican ...

'' in response. Much of his later practice concerned

trust Trust often refers to: * Trust (social science), confidence in or dependence on a person or quality It may also refer to: Business and law * Trust law, a body of law under which one person holds property for the benefit of another * Trust (bus ...

s and charities. In 1865, in the

Constance Kent Constance Emily Kent (6 February 1844 – 10 April 1944) was an English woman who confessed to the murder of her half-brother, Francis Saville Kent, in 1860, when she was aged 16 and he aged three. The case led to high-level pronouncements ther ...

case, he argued, against settled opinion, that the principle of

priest–penitent privilege 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 inqui ...

applied in

English law 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, be ...

. He maintained a lifelong friendship and correspondence with Hope-Scott and his family and Newman dedicated his ''Verses on Various Occasions'' to him as gratitude for his support in the Achilli trial. Badeley died on 29 March 1868 at his chambers at 13 Paper Buildings in the Inner Temple.

References

Bibliography

* * * The first edition of this text is available at Wikisource (see ). *

Early life

Gorham judgment

Later life

References

Bibliography

Further reading