Edward Lowth Badeley (1803 or 1804 – 1868) was an English

ecclesiastical law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...

yer and member of the

Oxford Movement The Oxford Movement was a theological movement of high-church members of the Church of England which began in the 1830s and eventually developed into Anglo-Catholicism. The movement, whose original devotees were mostly associated with the Un ...

who was involved in some of the most notorious cases of the 19th century.

Early life

Born 1803 or 1804, Edward was the younger son of the medical doctor John Badeley and his wife, Charlotte ''née'' Brackenbury of

Chelmsford Chelmsford () is a city in the City of Chelmsford district in the county of Essex, England. It is the county town of Essex and one of three cities in the county, along with Colchester and Southend-on-Sea. It is located north-east of London ...

. He graduated with

second-class honours The British undergraduate degree classification system is a grading structure used for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied, sometimes with significant var ...

from

Brasenose College, Oxford Brasenose College (BNC) is one of the Colleges of the University of Oxford, constituent colleges of the University of Oxford in the United Kingdom. It began as Brasenose Hall in the 13th century, before being founded as a college in 1509. The l ...

, in 1823 with a

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

classics Classics, also classical studies or Ancient Greek and Roman studies, is the study of classical antiquity. In the Western world, ''classics'' traditionally refers to the study of Ancient Greek literature, Ancient Greek and Roman literature and ...

and took his

Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Those admitted to the degree have ...

degree in 1828. He was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

by the

Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...

in 1841. He started to practise on the home circuit but was attracted by ecclesiastical law. Badeley had met

John Henry Newman John Henry Newman (21 February 1801 – 11 August 1890) was an English Catholic theologian, academic, philosopher, historian, writer, and poet. He was previously an Anglican priest and after his conversion became a cardinal. He was an ...

in 1837 and become a follower soon after. He soon became associated with his fellow

Anglo-Catholic Anglo-Catholicism comprises beliefs and practices that emphasise the Catholicism, Catholic heritage (especially pre-English Reformation, Reformation roots) and identity of the Church of England and various churches within Anglicanism. Anglo-Ca ...

lawyers James Hope-Scott and Edward Bellasis in defending

Tractarianism The Oxford Movement was a theological movement of high-church members of the Church of England which began in the 1830s and eventually developed into Anglo-Catholicism. The movement, whose original devotees were mostly associated with the Uni ...

. In 1848 he appeared for the objectors to the appointment of Renn Hampden as

Bishop of Hereford The Bishop of Hereford is the Ordinary (officer), ordinary of the Church of England Diocese of Hereford in the Province of Canterbury. Until 1534, the Diocese of Hereford was in full communion with the Roman Catholic Church and two of its bishop ...

. In 1849, a

commission In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...

had been established to review the prohibition of marriage with a deceased wife's sister, a practice that was to remain unlawful in the United Kingdom until the Deceased Wife's Sister's Marriage Act 1907. Badeley made a submission, communicated by

Edward Bouverie Pusey Edward Bouverie Pusey (; 22 August 180016 September 1882) was an English Anglican cleric, for more than fifty years Regius Professor of Hebrew at the University of Oxford. He was one of the leading figures in the Oxford Movement, with interest ...

opposing any change in the law.

Gorham judgment

Badeley appeared for

Henry Phillpotts Henry Phillpotts (6 May 177818 September 1869), often called "Henry of Exeter", was the Anglican Bishop of Exeter from 1830 to 1869. He was one of England's longest serving bishops since the 14th century. Life Early life Henry Phillpotts ...

, the

Bishop of Exeter The Bishop of Exeter is the Ordinary (officer), ordinary of the Church of England Diocese of Exeter in the Province of Canterbury. The current bishop is Mike Harrison (bishop), Mike Harrison, since 2024. From the first bishop until the sixteent ...

, before the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

when George Cornelius Gorham appealed against Phillpotts' refusal to confirm him in the

benefice A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...

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 Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...

called upon the

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, ...

to repudiate the views that the Privy Council had expressed on

baptism Baptism (from ) is a Christians, Christian sacrament of initiation almost invariably with the use of water. It may be performed by aspersion, sprinkling or affusion, pouring water on the head, or by immersion baptism, immersing in water eit ...

. There was no response from the Church of England, and thus Badeley and many others chose to be received into the

Roman Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

in 1852.

Later life

Badeley was assistant counsel to

Sir Alexander Cockburn Sir Alexander James Edmund Cockburn, 12th Baronet (24 December 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice for 21 years. He heard some of the leading ''causes célèbres'' of the nine ...

in John Henry Newman's defence when he was prosecuted for

libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...

Giacinto Achilli Giovanni Giacinto Achilli (; ''c.'' 1803 – ''c.'' 1860) was an Italian Roman Catholic Dominican friar and Jesuit conspiracy theories, anti-Jesuit who was discharged from priesthood and imprisoned by the Roman Inquisition after being accused o ...

in 1852. Badeley frequently advised Newman on legal matters thereafter, advising that Newman reject

Charles Kingsley Charles Kingsley (12 June 1819 – 23 January 1875) was a broad church priest of the Church of England, a university professor, social reformer, historian, novelist and poet. He is particularly associated with Christian socialism, the workin ...

's partial withdrawal of his satirical jibe that Newman cared little for truth and encouraging him to write the ''

Apologia Pro Vita Sua () is John Henry Newman's history of his religious opinions, showing how his opinions had been formed and how they had led him from Anglicanism to the Catholic Church. It was originally published as a series of pamphlets in 1864 in response to an ...

'' 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 English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

. He maintained a lifelong 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 on 29 March 1868 at his chambers at 13 Paper Buildings in the Inner Temple.

References

Bibliography

* * * The first edition of this text is available at Wikisource (see ). *

Early life

Gorham judgment

Later life

References

Bibliography

Further reading