Edward Lowth Badeley
Encyclopedia
Edward Lowth Badeley was an English
ecclesiastical lawyer, a member of the Oxford Movement
, who was involved in some of the most notorious cases of the nineteenth century
and his wife, Charlotte née Brackenbury of Chelmsford
. He graduated
from Brasenose College, Oxford
in 1823, took his MA
in 1828 and was called to the bar by the Inner Temple
in 1841.
He started to practise on the home circuit but was attracted by ecclesiastical law. Badeley had met John Henry Newman in 1837 and become a follower soon after. He soon became associated with fellow Anglo-Catholic lawyers James Hope-Scott
and Edward Bellasis in defending "Tractarianism".
In 1848 he appeared for the objectors to the appointment of Renn Dickson Hampden
as Bishop of Hereford
. 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 UK until the Deceased Wife's Sister's Marriage Act 1907
. Badeley made a submission, communicated by Edward Bouverie Pusey
opposing any change in the law.
, the Bishop of Exeter
, before the Judicial Committee of the Privy Council
when George Cornelius Gorham
appealed against Phillpotts' refusal to confirm him in the benefice
of Brampford Speke
. 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
called upon the Church of England
to repudiate the views that the Privy Council had expressed on Baptism
. There was no response and Badeley was one of many when he joined the Roman Catholic Church
in 1852.
in Newman's defence when he was prosecuted for libel by Giacinto Achilli
in 1852. Badeley frequently advised Newman on legal matters thereafter, advising that Newman reject Charles Kingsley
's partial withdrawal of his satirical jibe that Newman cared little for truth and encouraging him to write the Apologia Pro Vita Sua
in response.
Much of his later practice concerned trusts and charities. In 1865, in the Constance Kent case
, he argued, against settled opinion, that the principle of priest-penitent privilege
applied in English law
.
He maintained a life-long 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 at his chambers at 13 Paper Buildings in the Inner Temple.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
ecclesiastical lawyer, a member of the Oxford Movement
Oxford Movement
The Oxford Movement was a movement of High Church Anglicans, eventually developing into Anglo-Catholicism. The movement, whose members were often associated with the University of Oxford, argued for the reinstatement of lost Christian traditions of faith and their inclusion into Anglican liturgy...
, who was involved in some of the most notorious cases of the nineteenth century
Early life
Edward was the younger son of John Badeley M.D.Doctor of Medicine
Doctor of Medicine is a doctoral degree for physicians. The degree is granted by medical schools...
and his wife, Charlotte née Brackenbury of Chelmsford
Chelmsford
Chelmsford is the county town of Essex, England and the principal settlement of the borough of Chelmsford. It is located in the London commuter belt, approximately northeast of Charing Cross, London, and approximately the same distance from the once provincial Roman capital at Colchester...
. He graduated
Graduation
Graduation is the action of receiving or conferring an academic degree or the ceremony that is sometimes associated, where students become Graduates. Before the graduation, candidates are referred to as Graduands. The date of graduation is often called degree day. The graduation itself is also...
from Brasenose College, Oxford
Brasenose College, Oxford
Brasenose College, originally Brazen Nose College , is one of the constituent colleges of the University of Oxford in the United Kingdom. As of 2006, it has an estimated financial endowment of £98m...
in 1823, took his MA
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in 1828 and was called to the bar by the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1841.
He started to practise on the home circuit but was attracted by ecclesiastical law. Badeley had met John Henry Newman in 1837 and become a follower soon after. He soon became associated with fellow Anglo-Catholic lawyers James Hope-Scott
James Hope-Scott
James Robert Hope-Scott was a British barrister and Tractarian.-Early life and conversion:Born at Great Marlow, in the county of Buckinghamshire, and christened James Robert Hope, he was the third son of Sir Alexander Hope, and grandson of John Hope, 2nd Earl of Hopetoun...
and Edward Bellasis in defending "Tractarianism".
In 1848 he appeared for the objectors to the appointment of Renn Dickson Hampden
Renn Dickson Hampden
Renn Dickson Hampden , was an English Anglican clergyman whose selection as Bishop of Hereford formed a minor cause celebre in Victorian religious controversies.-Biography:...
as Bishop of Hereford
Bishop of Hereford
The Bishop of Hereford is the Ordinary of the Church of England Diocese of Hereford in the Province of Canterbury.The see is in the City of Hereford where the seat is located at the Cathedral Church of Saint Mary and Saint Ethelbert which was founded as a cathedral in 676.The Bishop's residence is...
. In 1849, a commission
Law Commission
A Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
had been established to review the prohibition of marriage with a deceased wife's sister, a practice that was to remain unlawful in the UK until the Deceased Wife's Sister's Marriage Act 1907
Deceased Wife's Sister's Marriage Act 1907
The Deceased Wife's Sister's Marriage Act 1907 was an Act of the Parliament of the United Kingdom, allowing a man, if his wife had died, to marry her sister.Previously, it was forbidden for a man to marry the sister of his deceased wife...
. Badeley made a submission, communicated by Edward Bouverie Pusey
Edward Bouverie Pusey
Edward Bouverie Pusey was an English churchman and Regius Professor of Hebrew at Christ Church, Oxford. He was one of the leaders of the Oxford Movement.-Early years:...
opposing any change in the law.
Gorham judgment
Badeley appeared for Henry PhillpottsHenry Phillpotts
Henry Phillpotts , often called "Henry of Exeter", was the Anglican Bishop of Exeter from 1830 to 1869. He was England's longest serving bishop since the 14th century and a striking figure of the 19th century Church.- Early life :...
, the Bishop of Exeter
Bishop of Exeter
The Bishop of Exeter is the Ordinary of the Church of England Diocese of Exeter in the Province of Canterbury. The incumbent usually signs his name as Exon or incorporates this in his signature....
, before the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
when George Cornelius Gorham
George Cornelius Gorham
George Cornelius Gorham born in St Neots, Cambridgeshire was a priest in the Church of England. His legal recourse to being denied a certain post, subsequently taken to a secular court, caused great controversy....
appealed against Phillpotts' refusal to confirm him in the benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
of Brampford Speke
Brampford Speke
Brampford Speke is a small village in Devon, 4 miles to the north of Exeter. The population is 307. 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 the river, to the east...
. 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
Anglicanism is a tradition within Christianity comprising churches with historical connections to the Church of England or similar beliefs, worship and church structures. The word Anglican originates in ecclesia anglicana, a medieval Latin phrase dating to at least 1246 that means the English...
called upon the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
to repudiate the views that the Privy Council had expressed on Baptism
Baptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
. There was no response and Badeley was one of many when he joined the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
in 1852.
Later life
Badeley was assistant counsel to Sir Alexander CockburnSir Alexander Cockburn, 12th Baronet
Sir Alexander James Edmund Cockburn, 12th Baronet Q.C. was a Scottish lawyer, politician and judge. A notorious womaniser and socialite, as Lord Chief Justice he heard some of the leading causes célèbres of the 19th century.-Life:Cockburn was born in Alţâna, in what is now Romania and was then...
in Newman's defence when he was prosecuted for libel by Giacinto Achilli
Giacinto Achilli
Giovanni Giacinto Achilli was an Italian Roman Catholic who was discharged from the priesthood for sexual misconduct and subsequently became a fervent advocate of the Protestant evangelical cause...
in 1852. Badeley frequently advised Newman on legal matters thereafter, advising that Newman reject Charles Kingsley
Charles Kingsley
Charles Kingsley was an English priest of the Church of England, university professor, historian and novelist, particularly associated with the West Country and northeast Hampshire.-Life and character:...
'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
Apologia Pro Vita Sua is the classic defence by John Henry Newman of his religious opinions, published in 1864 in response to what he saw as an unwarranted attack on him, the Catholic priesthood, and Roman Catholic doctrine by Charles Kingsley. The work quickly became a bestseller and has...
in response.
Much of his later practice concerned trusts and charities. In 1865, in the Constance Kent case
Constance Kent case
Constance Emily Kent was an English woman who confessed to a notorious child murder, that took place when she was sixteen years old. The Constance Kent case in 1865 raised a series of questions about priest-penitent privilege in England...
, he argued, against settled opinion, that the principle of priest-penitent privilege
Priest-penitent privilege in the UK
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...
applied in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
.
He maintained a life-long 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 at his chambers at 13 Paper Buildings in the Inner Temple.