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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] |
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 inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure, similar to attorney–client privilege between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths (e.g., a minister, priest, rabbi, imam) and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among adherents of other Christian denominations, confess their sins to priests, who are unconditionally forbidden by Church canon law from making any disclosure, a position supported by the law of many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform
Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or Law Commission, law commissions, which are organizations set up to facilitate law reform. Law reform bodies carry out research and recommend ways to simplify and modernize the law. Many law reform bodies are statutory corporations set up by governments, although they are usually independent from government control, providing intellectual independence to accurately reflect and report on how the law should progress. Law reform activities can include preparation and presentation of legal case, cases in court in order to change the common law; lobbying of official, government officials in order to change legislation; and legal research, research or legal writing, writing that helps to establish an empirical basis for other law reform activities. The four mai ... [...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 r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Catesby
Robert Catesby ( – 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 at Oxford University. 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 Catholics than many persecuted Recusants had hoped. Catesby therefore planned a decapitation strike which he considered tyrannicide, aimed at the Government of England; by blowing up the King and the House of Lords with gunpowder during the State Ope ... [...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 an unsuccessful attempted regicide against James VI and I, King James VI of Scotland and I of England by a group of English Catholics, English Roman Catholics, led by Robert Catesby, who considered their actions attempted tyrannicide and who sought regime change in England after decades of religious persecution. The plan was to blow up the House of Lords during the State Opening of Parliament on Tuesday 5 November 1605, as the prelude to a popular revolt in the English Midlands, Midlands during which King James's nine-year-old daughter, Elizabeth Stuart, Queen of Bohemia, Princess Elizabeth, was to be installed as the new head of state. Catesby is suspected by historians to have embarked on the scheme after hopes of greater religious tolerance under James VI and I, King James I had faded, leaving many English Catholics disappointed. His fellow conspirators were ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (crime)
In criminal law, a conspiracy is an agreement between two or more people 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 to the number participating in the conspiracy, and in most countries the plan itself 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-c ... [...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 high treason in the United Kingdom, high treason, based solely on having had advance knowledge of the 1605 Gunpowder Plot and having refused to violate the Seal of the Confessional by notifying the authorities. 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 (Jesuit), William Weston as Jesuit Superior (hierarchy), 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 disp ... [...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 known for his Wives of Henry VIII, six marriages and 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 dissolution of the monasteries, dissolved convents and monasteries, for which he was List of people excommunicated by the Catholic Church, excommunicated by the pope. Born in Greenwich, Henry brought radical changes to the Constitution of England, expanding royal power and ushering in the theory of the divine right of kings in opposition to papal supremacy. He frequently used charges of treason and heresy to quell dissent, and those accused were often executed without a formal trial using bills of attainder. He achi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Church Of England
The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, tradition, with foundational doctrines being contained in the ''Thirty-nine Articles'' and ''The Books of Homilies''. The Church traces its history to the Christian hierarchy recorded as existing in the Roman Britain, Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kingdom of Kent, Kent led by Augustine of Canterbury. Its members are called ''Anglicans''. In 1534, the Church of England renounced the authority of the Papacy under the direction of Henry VIII, beginning the English Reformation. The guiding theologian that shaped Anglican doctrine was the Reformer Thomas Cranmer, who developed the Church of England's liturgical text, the ''Book of Common Prayer''. Papal authority was Second Statute of ... [...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 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 his penitent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law (Catholic Church)
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western world, Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic Churches, Eastern Catholic particular churches '. Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from Promulgation (Catholic canon law), promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
