Author Topic: Double Jeopardy  (Read 2314 times)

Offline Lyubov

  • Wachtmeister
  • ***
  • Posts: 639
  • Thanked: 3 times
Double Jeopardy
« on: May 08, 2013, 06:17:50 PM »
I don't want to derail the St. Pius V thread, so I will ask my question here. In 1568, St. Pius V stated that a cleric guilty of sodomy should be tried in both ecclesiastical and secular courts. I was just wondering if anybody knew when the Church began to accept this sort of "double jeopardy"? I suppose I am confused because this issue was a major reason behind the rejection of the Constitutions of Clarendon four centuries earlier. Was this issue only really important in England and not the rest of Christendom? Or did something change during the Late Medieval/ Early Modern periods?
Имя ты мое услышишь
Из под топота копыт.
 

Offline Lyubov

  • Wachtmeister
  • ***
  • Posts: 639
  • Thanked: 3 times
Re: Double Jeopardy
« Reply #1 on: May 09, 2013, 02:36:56 AM »
Here is the section of the Constitutions of Clarendon (1164) that I am referring to:

Quote
3. Clerks charged and accused of anything, being summoned by the Justice of the king, shall come into his court, about to respond there for what it seems to the king's court that he should respond there; and in the ecclesiastical court for what it seems he should respond there; so that the Justice of the king shall send to the court of the holy church to see in what manner the affair will there be carried on. And if the clerk shall be convicted, or shall confess, the church ought not to protect him further.
Имя ты мое услышишь
Из под топота копыт.
 

Offline Bonaventure

  • Oberstleutnant
  • Hauptmann
  • *****
  • Posts: 9048
  • Thanked: 1699 times
  • Religion: Roman Catholic
Re: Double Jeopardy
« Reply #2 on: May 09, 2013, 02:48:55 AM »
Before I say anything else, you're such a historian.

The only thing I can come up with is that, in spite of the prevention secular courts trying clerics, sodomy was both a temporal and spiritual crime. The debauched cleric not only violated a secular law, but committed sacrilege against himself.
 

Offline poche

  • Feldwebel
  • ***
  • Posts: 1904
  • Thanked: 7 times
Re: Double Jeopardy
« Reply #3 on: May 09, 2013, 03:03:03 AM »
That is a question of discipline. Particular for today. If a cleric is tried for major misbehaviour what is the worst thing that can happen to him according to Canon Law? Excommunication? Involuntary Laicization? The church cannot put him in jail. As time and circumstances change sometimes the discipline has to change.
 

Offline Lyubov

  • Wachtmeister
  • ***
  • Posts: 639
  • Thanked: 3 times
Re: Double Jeopardy
« Reply #4 on: May 09, 2013, 03:30:17 AM »
The only thing I can come up with is that, in spite of the prevention secular courts trying clerics, sodomy was both a temporal and spiritual crime. The debauched cleric not only violated a secular law, but committed sacrilege against himself.

Okay, so the severity of the crimes decided whether or not secular authorities could become involved? I just looked at the texts from the Council of Trent and found this:

Quote from: Council of Trent
And whereas crimes so grievous are sometimes committed by ecclesiastics, that, on account of the atrocity thereof, they have to be deposed from sacred orders, and delivered over to a secular court

So, was this the case during the time of the Constitutions of Clarendon, as well? If not, when did it change? So many questions!  :confused:
Имя ты мое услышишь
Из под топота копыт.