The Privilege of Religious Confessions in English Courts of Justice Considered
The Privilege of Religious Confessions in English Courts of Justice Considered
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To quickly assess the difficulty of the text, read a short excerpt:
Pitt Taylor, and it really lays down no generally exclusive rule. It was a mere Nisi Prius case, in which the only question was, whether an attorney should be compelled to disclose the nature of a corrupt agreement, which he had been em- ployed to prepare, and Lord Holt held that he should not ; the report then adds ; " it seems to "be the same law of a scrivener, and he (Lord " Holt) cited a case, where, upon a covenant to " convey as counsel should advise, and ' counsel 51 '' * did not advise...' being pleaded, conveyances made " by the advice of a scrivener were allowed to be " good evidence upon this issue, for he is a counsel " to a man with whom he will advise, if he be " instructed and educated in such way of practice ; " otherwise of a Gentleman, Parson, &c. " Now independently of this being a mere obiter dictum of a Judge at Nisi Prius, it is evident that Lord Holt was not considering, or referring to, the case of a Clergyman entrusted by a Penitent in matters of spiritual concern his words really are only appli- cable to the subject before him, and simply mean, that if a Gentleman, a Parson, or any other person, not educated or practising as a Lawyer, is consulted on matters which properly belong only to a man professionally educated as a Lawyer, the com- munications made between such persons cannot be considered professional in other words, the Gentle- man, or the Parson, cannot be treated as a Lawyer, though he has apparently acted in that capacity.
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To quickly assess the difficulty of the text, read a short excerpt:
Pitt Taylor, and it really lays down no generally exclusive rule. It was a mere Nisi Prius case, in which the only question was, whether an attorney should be compelled to disclose the nature of a corrupt agreement, which he had been em- ployed to prepare, and Lord Holt held that he should not ; the report then adds ; " it seems to "be the same law of a scrivener, and he (Lord " Holt) cited a case, where, upon a covenant to " convey as counsel should advise, and ' counsel 51 '' * did not advise...' being pleaded, conveyances made " by the advice of a scrivener were allowed to be " good evidence upon this issue, for he is a counsel " to a man with whom he will advise, if he be " instructed and educated in such way of practice ; " otherwise of a Gentleman, Parson, &c. " Now independently of this being a mere obiter dictum of a Judge at Nisi Prius, it is evident that Lord Holt was not considering, or referring to, the case of a Clergyman entrusted by a Penitent in matters of spiritual concern his words really are only appli- cable to the subject before him, and simply mean, that if a Gentleman, a Parson, or any other person, not educated or practising as a Lawyer, is consulted on matters which properly belong only to a man professionally educated as a Lawyer, the com- munications made between such persons cannot be considered professional in other words, the Gentle- man, or the Parson, cannot be treated as a Lawyer, though he has apparently acted in that capacity.
What to read after The Privilege of Religious Confessions in English Courts of Justice Considered?
You can find similar books in the "Read Also" column, or choose other free books by Edward Badeley to read onlineMoreLess
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