Edward Lowth Badeley
Edward Lowth Badeley (1803/4 –
29 March, 1868) 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
Edward was the younger son of John Badeley
MDand his wife, Charlotte "née" Brackenbury of Chelmsford. He graduated from Brasenose College, Oxfordin 1823, took his MA in 1828 and was called to the barby the Inner Templein 1841.Courtney (2004)]
He started to practise on the home circuit but was attracted by ecclesiastical law. Badeley had met
John Henry Newmanin 1837 and become a follower soon after. He soon became associated with fellow Anglo-Catholiclawyers James Hope-Scottand Edward Bellasis in defending " Tractarianism".
In 1848 he appeared for the objectors to the appointment of
Renn Dickson Hampdenas Bishop of Hereford. In 1949, 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 UKuntil the Deceased Wife's Sister's Marriage Act 1907. Badeley made a submission, communicated by Edward Bouverie Puseyopposing any change in the law.
The Gorham judgment
Badeley appeared for
Henry Phillpotts, Bishop of Exeterbefore the Judicial Committee of the Privy Councilwhen George Cornelius Gorhamappealed against Phillpotts' refusal to confirm him in the beneficeof 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 Englandto repudiate the views that the Privy Council had expressed on baptism. There was no response from the Church and Badeley was one of many when he joined the Roman Catholic Churchin 1852.
Badeley was assistant counsel to Sir Alexander Cockburn in Newman's defence when he was prosecuted for
libelby Giacinto Achilliin 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. [Badeley (1865)]
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
3 Paper Buildingsin the Inner Temple.
*cite book | author=Badeley, E. | year=1865 | title=The Privilege of Religious Confessions in English Courts of Justice Considered, in a Letter to a Friend | location=London | publisher=Butterworths
*Courtney, W. P. (2004) "Badeley, Edward Lowth (1803/4–1868)", rev. G. Martin Murphy, "
Oxford Dictionary of National Biography", Oxford University Press, [http://www.oxforddnb.com/view/article/1019, accessed 22 July 2007] (subscription required)
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