The Jurist

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I should be violating the laws of the church, as well as the natural laws." His
Lordship. ... Previous to this case it was the common opinion that a confession to
a clergyman of any denomination was not privileged from disclosure ; for which
several cases were usually relied on, especially Rex .... In early times, when no
religion but the Roman Catholic was tolerated by law, it was only with respect to
the ministers of that religion that questions of this nature could present
themselves.

The Privelege Of Religious Confessions In English Courts Of Justice Considered In A Letter To A Friend

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Gaskell (1 M. & K. 103), which respected the privilege of an attorney; if indeed
Lord Brougham can be considered to have made any statement upon this point,
when he said merely, that “ it might not be very easy to discover, “ why a like
privilege had been refused to others, “ especially to medical advisers.” But in
answer to them it may be asked, why, if none but legal advisers are privileged,
and such has always been the rule of the Common Law, have separate
questions been raised, ...

Confession And The Law

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Hopwood argues that the period between the Reformation with its condemnation
of Roman Catholicism and the later period of Roman Catholic Emancipation
covered a span of years in which the English common law made a tremendous
expansion in all its branches. And in that period, most of the court decisions were
rendered which developed the doctrine of privilege in other confidential
communications. The omission of this particular privilege, in contrast to the
attention given by ...

The Catholic Encyclopedia

Author: Knights of Columbus. Catholic Truth Committee
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... one of warning to the confessors not to inform these offenders, when they are
admitted to hear their confessions, of what is going on outside. Therefore, except
in so far as it shows that the right of freely confessing was reserved to these
offenders, the statute, in its actual words, contains no declaration of the privilege
of the seal of confession. But Sir Edward Coke's comment is important as being a
statement by him of the existence of the privilege at common law in respect of
felonies.

The Catholic Encyclopedia

Author: Charles George Herbermann
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have the benefit of clergy nor any clergyman privilege of confession to conceale
high treason". It is not quite clear from his comment, but it seems likely, that Sir
Edward Coke has interpieted the concluding caution to the confessors as a
recognition of the seal of confession, and, if so, it would Bcem that he has
wrongly interpreted it, because ... But Sir Edward Coke's conunent is important as
being a statement by him of the existence of the privilege at common law in
respect of felonies.

Psychotherapy Confidentiality And Privileged Communication

Author: Ralph Slovenko
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The guarantee of the First Amendment of the United States Constitution of the
free exercise of religion is said to justify the protection afforded the priest-penitent
communication. Secrecy is essential to any religious confessional system.
However, the privilege of nondisclosure was not extended to ministers by the
common law of England. The antipathy of the English courts to the Roman
Catholic Church prevented the clergyman-penitent privilege from ever becoming
a part of the ...

The Seal

Author: Timothy J. Mockaitis
Publisher: Xlibris Corporation
ISBN: 1469102528
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In the early centuries of Christianity, those who were found guilty of serious
offenses such as adultery, murder, blasphemy, or apostasy (the formal
abandonment of the Christian faith) discovered their forgiveness was tied to a
rigorous, public penance ... From this perspective, it was a tough time to be a
Christian! ... Still, there is strong evidence that even in the post—Reformation
period the common law of England recognized the privilege of confession, except
in the case of treason.

The Month A Catholic Magazine And Review

Author: The Month A Cathoplic Magazine and Review VOL.XLVIII May-August ,1883
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1 Mr. Best, in his work on Evidence, writes : " We apprehend there cannot be
much doubt that previous to the Reformation statements made to a priest under
seal of confession were privileged from disclosure, except perhaps when the
matter communicated amounted to high treason." He quotes a passage in the old
laws of Henry the First, not as binding per se, but as a guide to the common law. "
Priests must beware of repeating to any one, either friend or stranger, what has
been ...