The Legal System And Clergy: Understanding The Laws

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Clergymen accused of a crime could claim they were outside the jurisdiction of secular courts

In English law, clergymen accused of a crime could claim they were outside the jurisdiction of secular courts. This was known as the "benefit of clergy". It allowed them to be tried in an ecclesiastical court under canon law, which was generally seen as more lenient in its prosecutions and punishments.

The benefit of clergy was originally a provision by which clergymen could claim immunity from prosecution by secular authorities. In the early Middle Ages, canon law tended to extend this privilege to criminal matters. However, in England, this tradition was only partially accepted. Before the 12th century, traditional English law courts were jointly presided over by a bishop and a local secular magistrate.

In 1164, Henry II established a new system of courts that rendered decisions wholly by royal authority. This sparked a power struggle between the king and Thomas Becket, the Archbishop of Canterbury. Becket asserted that these secular courts had no jurisdiction over clergy members, citing the privilege of clergy to be tried only by an ecclesiastical court. After four of Henry's knights murdered Becket in 1170, public sentiment turned against the king, forcing him to make amends with the church. As part of the Compromise of Avranches, Henry agreed that the secular courts had no jurisdiction over the clergy, except in cases of high treason and forest law.

Over time, the benefit of clergy was abused, with defendants often claiming clergy status on questionable or fraudulent grounds. Various reforms were implemented to limit the scope of this legal arrangement. For example, the literacy test, which initially required defendants to read from the Latin Bible to prove their clerical status, was replaced with a reading test in 1706. This opened the door for literate lay defendants to claim the benefit of clergy.

The benefit of clergy was eventually abolished in the United Kingdom in 1827 with the passage of the Criminal Law Act.

Ecclesiastical courts were seen as more lenient in their prosecutions and punishments

Ecclesiastical courts, also known as court Christian or court spiritual, are courts that deal with spiritual or religious matters. They are seen as more lenient in their prosecutions and punishments compared to secular courts.

In the Middle Ages, ecclesiastical courts had wider powers in many areas of Europe than before the development of nation-states. They were experts in interpreting canon law, which was based on the Corpus Juris Civilis of Justinian, considered the source of civil law legal tradition.

In the context of the English law, the benefit of clergy allowed clergymen accused of a crime to be tried in an ecclesiastical court instead of a secular court. This privilege was based on the idea that clergy should not be tried for crimes except before their peers in an ecclesiastical court. Over time, this privilege was extended to include laypeople with some connection to the church, and eventually to all literate people.

The benefit of clergy was often claimed on questionable or fraudulent grounds, as defendants sought to take advantage of the perceived leniency of ecclesiastical courts. This led to various reforms to limit its scope and prevent abuse, such as branding the thumb to prevent multiple invocations.

By the 16th century, a series of statutes were enacted in England to exclude certain crimes from the benefit of clergy, making them punishable by death without the possibility of claiming this privilege. Despite these restrictions, the benefit of clergy continued to be applied as a form of judicial mercy, especially in Elizabethan England.

In summary, ecclesiastical courts were seen as more lenient due to the perception that their methods of trial and sentences were less harsh than those of secular courts. This perception led to defendants making significant efforts to claim clergy status and benefit from the perceived leniency of ecclesiastical courts.

The benefit of clergy was abolished in the UK in 1827

The benefit of clergy was a legal provision that allowed clergymen accused of a crime to be tried in an ecclesiastical court under canon law instead of a secular court. Ecclesiastical courts were generally seen as more lenient in their prosecutions and punishments.

The benefit of clergy was often claimed on questionable or fraudulent grounds. Various reforms were implemented to limit the scope of this legal arrangement and prevent its abuse, including branding on the thumb to limit the number of invocations. Over time, the benefit of clergy evolved into a legal fiction in which first-time offenders could receive lesser sentences for some crimes.

In 1823, the benefit of clergy was abolished in the United Kingdom of Great Britain and Ireland by two acts. However, there was some doubt about the efficacy of these acts, and the benefit of clergy was formally abolished in 1827 with the passage of the Criminal Law Act 1827. This act removed all doubt about the abolition of the benefit of clergy, which had become obsolete due to the increasing crime rate and the growing number of offences that carried the death penalty.

The distinction between clergy and laity developed in the 2nd century

The distinction between clergy and laity, or "the person in the pulpit" and "the people in the pews", developed in the 2nd century, although the clerical ministry traces its beginnings to the commission of the Twelve Apostles and the Seventy for service. Over the centuries, the distinction was emphasised by special privileges granted to the clergy, including those granted by the Roman emperor Constantine the Great. These privileges were later extended and codified by the Theodosian Code (438).

The Greek word "Kleros", meaning "share" or "inheritance", is used in I Pet. 5:3 to designate the priesthood of all the faithful. Most Christian churches, including the Roman Catholic Church, understand the clergy as persons functioning within the priesthood of all the people but ordained, or set aside, for particular service, especially in connection with eucharistic ministry.

The distinction between clergy and laity is not a Biblical distinction. The words "clergy" and "laity" are not used in the Bible in a technical sense, and when they are used, they are not used as opposites. The word "laity" comes from the Greek "Laos", meaning "people", referring to the whole people of God. The word "clergy" comes from the Latin "Clericus", meaning "a learned, knowledgeable, erudite man".

In the early church, most of the work of the congregation was done by people with no official position, but by the middle of the 3rd century, it was done by the professional clergy. The clergy were divided into higher and lower grades, with bishops, presbyters, and deacons in the higher grades, and sub-deacons, lectors, exorcists, acolytes, and janitors in the lower grades. All of them were inducted into office by some form of ordination.

The distinction between clergy and laity was furthered by the influence of early church fathers such as Ignatius of Antioch, Clement of Rome, Tertullian of Carthage, and Cyprian of Carthage. Ignatius of Antioch urged the Ephesians to revere and be subject to a ruling bishop, even looking upon him as they would the Lord Himself. Clement of Rome referred to the peculiar services assigned to the high priests, the proper place of the priests, and the special ministrations of the Levites, with the "layman" being bound by the laws that pertain to laymen. Tertullian of Carthage may have been the first to use the word "clerus" in the sense of clergy, and Cyprian of Carthage commonly and overtly distinguished between clergy and laity in his epistles, limiting the role of the priesthood to a select few.

In the 20th century, the permanent diaconate was restored within the Catholic Church

The Restoration of the Permanent Diaconate in the Catholic Church

The restoration of the permanent diaconate in the Catholic Church can be traced back to discussions among priests during World War II, who contemplated the nature of the Church and suggested restoring deacons as a dedicated order for serving the Church and its people. This idea was further explored by theologians, and in 1957, Pope Pius XII spoke favourably about it, though he believed the time was not yet right.

The Second Vatican Council in the 1960s proved to be a pivotal moment. The council called for the restoration of the diaconate as a permanent level of Holy Orders, and in June 1967, Pope Paul VI implemented this decree. He published the Apostolic letter "Diaconatus Ordinem", re-establishing the permanent diaconate in the Latin Church. This marked a significant shift from the previous centuries, where the diaconate had been viewed mainly as a transitional step towards the priesthood.

The permanent diaconate was not just a theoretical concept but also had specific assigned ministries. These included administering baptism, being an ordinary minister of Holy Communion, witnessing marriages, bringing the Eucharist to the dying, proclaiming the Sacred Scriptures, instructing and exhorting the people, officiating at funeral rites, and dedicating themselves to charitable works.

The restoration of the permanent diaconate has been a success, with a steady growth in numbers, particularly in the United States. While the theology of the diaconate is still being explored and developed, it has provided a dedicated order of service within the Catholic Church, reflecting the role of Christ as a servant.

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