by Abnu, a former altar boy, who writes about interesting
names on Wordlab
Anyone who witnessed the state funeral of Pope John Paul II, and the election of
Pope Benedict XVI, must admit some heightened awareness of the influence of the
sovereign Vatican. Heads of state from around
the world—from all religious affiliations—came to show their respect. The
political power of the papacy was palpable. It must have been really something in
the Middle Ages.
The "benefit of clergy" is the exemption from the jurisdiction of the secular
courts, which in England, in the Middle Ages, was accorded to clergy. Historic laws
respecting the benefit of clergy are discussed at length in Blackstone's
Commentaries, if you can read olde Englifh. The concept is described in the Catholic Encyclopedia, in the
vernacular. Both are interesting, especially for lawyers and priests.
The
privilege of benefit of clergy was entirely abolished in England in 1827, by
Statutes 7 and 8 Geo. IV, c.xxvii, sect. 6. In the colonies it had been recognized,
but by Act of Congress of 30 April, 1790, it was taken away in the federal courts of
the United States. Traces of it are found in some courts of different states, but it
has been practically outlawed by statute or by adjudication. it is now universally
obsolete in English and American law.
While absolute monarchs,
democratic legislatures, and common law judges have long since abolished ancient
laws recognizing that the Church alone has supreme legal authority over its clergy,
some religious find the exemption is still in the Bible.
Psalms 105:13
When they went from one nation to another, from one kingdom to another people; 14 He
suffered no man to do them wrong: yea, he reproved kings for their sakes; 15 Saying,
Touch not mine anointed, and do my prophets no harm.
De facto,
sovereign authority over alleged crimes of clergy may still exist in the most secret
laws of the Church. Cardinal
Law might not be above the law—just beyond the laws of the United States of
America.
According to recent
press reports, Pope Benedict XVI faces new claims he had 'obstructed justice'
after it emerged he issued an order ensuring the church's investigations into child
sex abuse claims be carried out in secret.
The letter, 'concerning very
grave sins', was sent from the Congregation for the Doctrine of the Faith, the
Vatican office that once presided over the Inquisition and was overseen by
Ratzinger.
It spells out to bishops the church's position on a number of matters ranging from
celebrating the eucharist with a non-Catholic to sexual abuse by a cleric 'with a
minor below the age of 18 years'. Ratzinger's letter states that the church can
claim jurisdiction in cases where abuse has been 'perpetrated with a minor by a
cleric'.
The letter states that the church's jurisdiction 'begins to run from the day when
the minor has completed the 18th year of age' and lasts for 10 years.
It orders that 'preliminary investigations' into any claims of abuse should be sent
to Ratzinger's office, which has the option of referring them back to private
tribunals in which the 'functions of judge, promoter of justice, notary and legal
representative can validly be performed for these cases only by priests'.
'Cases of this kind are subject to the pontifical secret,' Ratzinger's letter
concludes. Breaching the pontifical secret at any time while the 10-year
jurisdiction order is operating carries penalties, including the threat of
excommunication.
[...]
The Ratzinger letter was co-signed by Archbishop Tarcisio Bertone who gave an
interview two years ago in which he hinted at the church's opposition to allowing
outside agencies to investigate abuse claims.
'In my opinion, the demand that a bishop be obligated to contact the police in order
to denounce a priest who has admitted the offence of paedophilia is unfounded,'
Bertone said.
Most lawyers, today, have a hard time understanding this
thinking, though it seems clear to ecclesiastical scholars. Lawyers are concerned
with crime and punishment, while clergy are concerned with sin and redemption. As
long as the Church views sexual abuse of children by clergy as a moral failure, a
breach of the vow of chastity, even a cardinal sin, it is a matter
for confession,
penitence, forgiveness and absolution.
By now, everyone knows that Wendy's has offered $100,000 to anyone who can figure out the origin of the finger that was found in its bowl of chili. Those who've been living under a rock can read about it 
The smartest expert witnesses take up residence in cities that lawyers like to visit. Imagine a lawyer who has to choose between a cardiac pathologist living in Des Moines and one living in Las Vegas. Which one do you think he'll choose?
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