I heard a rumour that if there was an arrest warrant out for you, or you were being chased by police you could just run into the nearest church and claim “sancturary” and the police could not get you untill you left! Whilst obviously if you did this today the cops wouldn’t think twice about getting you out is it still tecnichally illegal? Or is the whole thing rubbish?
The medieval right of sanctuary was not an open-ended “stay out of jail free” card. Rather, it was for a fixed period of time, at the end of which the criminal either faced the legal charges against them or accepted banishment. I am not aware of any modern penal code that recognizes such a right. See The Columbia Encyclopedia, which says:
Sanctuary was a mideval concept, and there were fairly strict limits on the privlidge. If I recall correctly (and it probably varied from place to place), you could claim sanctuary in the church for a period of 40 days, after which you would have to leave. Presumably, the people chasing you would have at least cooled down to the point where you would not be slaughtered outright, which was more or less the whole point of the thing.
Never a valid concept in this country, although a number of churches in our part of the country have sheltered Salvadoran refugees, and claimed they were doing so under the right of sanctuary. In fact, either the authorities didn’t know they were there or (more likely) didn’t really care all that much.
Police can continue to chase you anywhere, without a warrant if they are in hot pursuit. They don’t need a warrant. I guess one exception would be a foreign embassy but that doesn’t come up where I live.
It’s part of the doctrine of the separation of church and state. The police would first “separate” you from “church”, then deliver you to the “state”. There may be some beatdownery of various intensities involved in the process as well.
According to Life in a Medieval Village by Frances and Joseph Gies, sanctuary could be sought on all consecrated land, including every church and churchyard, ‘on a one-time basis’. Certain people, especially those who had committed crimes against the Church, were not permitted to seek sanctuary: ‘notorious offenders, traitors, heretics, sorcerors, clerics, perpetrators of felonies in church, criminals caught red-handed, and minor offenders in no danger of life or limb’. The fugitive was required to ‘confess, surrender his weapons, attend Mass and ring the church bells’. After 40 days, the royal coroner (a knight or wealthy freeman who had the same duties as a coroner today) came to the church, branded the offender with an A (for abjurer) and sent them to a port or border town with orders to leave (abjure) the realm forever. Many abjurors did not leave the realm, but remained in hiding.
In modern times, though, sanctuary is a tradition not protected by law. In many cases it occurs either by religious figures failing to notify the authorities, or by mutual agreement between religious and secular authorities not to capture the offender. Modern sanctuary is, AFAIK, limited to cases where someone is in violation of the law but is not felt worthy of punishment for humanitarian reasons. For example, recently there were news stories about several refugee families that had immigrated illegally and were seeking sanctuary in a church. They were eventually arrested; I’m not sure what’s happened to them since.
Manuel Noriega got sanctuary in a Catholic church, but that wouldn’t happen in the US, as the US government doesn’t respect the right of sanctuary on its own territory.
I thought he went to the Vatican Embassy in Panama City.
Somehow I have a recollection that the right of sanctuary is connected to benefit of clergy – the pre-modern doctrine that the church’s courts have exclusive jurisdiction over act by clergymen and other church officers, employees and hangers-on. Church jurisdiction was to the exclusion of the jurisdiction of the King’s courts. To establish benefit of clergy the perp was required to read a passage from the Bible. If he was literate he was clergy. Some no-good-nicks took the precaution of memorizing a Bible passage in order to get their case before a court that would not kill them. The church courts would not take life. The King’s courts were all to happy to do so.
The sanctuary thing gained some prominence when in 1170 some of Henry II’s thugs did in (Saint) Thomas a Becket in the Cathedral at Canterbury in violation of the sanctuary doctrine. It was a bad PR move for the King which he came to regret. Who will rid me of this turbulent priest?
Al Sharpton and Tawana Brawley tried that in 1987 when she was trying to avoid grand jury subpoenas compeling her to testify about her ‘rape’ charges.
I’m not sure how long they were holed up there; a Google search on “Tawana Brawley Sanctuary” only turns up one hit, which has just a passing reference to the incident. (http://www.knoxstudio.com/shns/story.cfm?pk=SHARPTON-12-15-03&cat=PP)
When I took my religious history class (briefly, and a long time ago) it was explained that the right of sanctuary was never automatic. One had to appeal to the priest in charge of the church and be granted permission.
Or, as a minister in a tough neighborhood once said, “not only would I not be inclined to grant sanctuary, I’d probably be the one telling the police he was in here.”
Yes, you’re right about that. Embassy changes the distinction. I think of Vatican Embassy as within the Catholic church.
I suppose in a way the US military is allowing this to occur in Iraq.
Also, I wanted to comment on the clever thread title. Nice job.
It hapened on a regular basis in France during the recent years. They were occupying churches and demanding residence permits. Of course, the police could bust them, but it would have been bad PR, especially when the illegal aliens benefited from the support of the church clergymen. However, they became less reluctant recently, and similarily the church seems to become fed up with this habbit and less willing to let them stay.
Um, how so? An American military spokeman claimed that US (& Iraqi) forces raided seven mosques today.
I suppose they’ve changed their policy then. When last I recall seeing the news, there were complaints by the soldiers that the militants would run into the mosques and damned if someone was going to blow up a mosque. I suppose this was for pragmatic reasons and not religious (i.e. the locals will get upset if you start blowing up their places of worship). Doing some reading, it looks like they’ve changed their mind about that.