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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. [1]
Church laws regarding confession require that priests who are hearing confessions must have valid faculties and jurisdiction. As penance is not only a sacramental act but also one of jurisdiction, such faculties are required for both for validity and liceity.
Public humiliation ranged from public confessions and requesting the forgiveness of the community (often by kneeling at the entrance of a church and begging those who entered for mercy), [34] to public whippings in the churchyard or marketplace, [37] to being paraded around the church "bare-chested and bearing a lighted candle before Sunday ...
Prior to the adoption of statutory protections, there was some protection under common law. New York: In People v. Phillips (1 Southwest L. J., 90), in the year 1813, the Court of General Sessions in New York recognized the privilege as in a decision rendered by De Witt Clinton, recognized the privilege as applying to Rev. Anthony Kohlmann, S.J., who refused to reveal in court information ...
References are made within the earliest Christian communities to the role of women in positions of church leadership. Paul's letter to the Romans, written in the first century, commends Phoebe who is described as "deaconess of the church at Cenchreae" that she be received "in the Lord as befits the saints, and help her in whatever she may require from you, for she has been a helper of many and ...
The motu proprio Spiritus Domini was released on 11 January 2021; it changes the Code of Canon Law (canon 230 §1) to state that the instituted ministries of acolyte and lector are open to "lay persons", i.e. both men and women, instead of previously "lay men".
The general rule of canon law is that "sacred ministers cannot deny the sacraments to those who seek them at appropriate times, are properly disposed, and are not prohibited by law from receiving them"; [10] and "any baptized person not prohibited by law can and must be admitted to holy communion". [11]
The judgment regarding what is "just and reasonable" is based upon the particular situation and the importance of the law to be dispensed from. [6] If the cause is not "just and reasonable", then the dispensation is illegal and, if issued by someone other than the lawgiver of the law in question or his superior, it is also invalid . [ 6 ]