ROGER MARTIVAL

A priest, friar or monk with this commission could and did, remove from the custody and control of the local judges, bailiffs and law enforcement officers clerics who had run afoul of the law. At the time the word “clerk” meant any churchman. The principle at the time was that the state could not judge or dispense justice or punishment to members of the church. Only the church could try and convict clerics and they did that persiant to cannon (religious) law. In theory, the bearer of this commission would take custody of an accused criminal who was a churchman, and bring him to the Bishop who would handle the case under Ecclesiastical Law. Often that meant, doing nothing or minor penitence for a crime that could even bring the death penalty under civil law. Historically there has been a major struggle in the West between the churches and civil governments that still goes on to this day in countries like Ireland. In America, the early 21st century saw the Roman Catholic bishops covering up crimes of sexual predation on the part of Priests. Many people were also outraged that the bishops did not report the Priests to the police, but this was unfortunately a throwback to this historical notion that the Church only can deal with the discipline and legal matters involving church personnel or property. Historically, reporting matters like this to civil authorities for handling is only about 200 years old, while the system illustrated by this quotation had been in place for about 1200 years before.

A priest, friar or monk with this commission could and did, remove from the custody and control of the local judges, bailiffs and law enforcement officers clerics who had run afoul of the law. At the time the word “clerk” meant any churchman. The principle at the time was that the state could not judge or dispense justice or punishment to members of the church. Only the church could try and convict clerics and they did that persiant to cannon (religious) law. In theory, the bearer of this commission would take custody of an accused criminal who was a churchman, and bring him to the Bishop who would handle the case under Ecclesiastical Law. Often that meant, doing nothing or minor penitence for a crime that could even bring the death penalty under civil law. Historically there has been a major struggle in the West between the churches and civil governments that still goes on to this day in countries like Ireland. In America, the early 21st century saw the Roman Catholic bishops covering up crimes of sexual predation on the part of Priests. Many people were also outraged that the bishops did not report the Priests to the police, but this was unfortunately a throwback to this historical notion that the Church only can deal with the discipline and legal matters involving church personnel or property. Historically, reporting matters like this to civil authorities for handling is only about 200 years old, while the system illustrated by this quotation had been in place for about 1200 years before.