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Thomas Becket and Clerical Immunity
Thesis   Open access

Thomas Becket and Clerical Immunity

Erika Zabinski
Master of Arts (MA), University of St. Thomas, Minnesota
12/01/2015

Abstract

Thomas Becket ecclesiastical courts canon law ecclesiology church and state catholic church catholic clergy clergy sexual abuse privilege of the forum privelegium fori clerical immunity clerical privilege gratian decretum ambrose of milan Augustine of hippo Pope Gelasius I Pope Gregory VII gregorian reform History of Christianity History of Religions of Western Origin Practical Theology Religious Thought, Theology and Philosophy of Religion Criminal Justice Christianity

Early Christian theology presumed that the clergy were subject to both ecclesiastical and secular law, and that the punishment of crime belonged to the purview of secular authority. During the Gregorian reform movement in the eleventh century, the advocates of a new ecclesiology argued for a clerical hierarchy which was not answerable to any secular authority. The newly systematized canon law, especially Gratian’s Decretum, provided the theological basis for a clerical class which was exclusively self-policing in criminal law.

In twelfth-century England, Archbishop Thomas Becket attempted to carry the Gregorian ideals of ecclesiastical autonomy and priestly dignity to their logical conclusion by establishing clerical immunity as a political reality. In personal debate with King Henry II and later in his correspondence from exile, he argued that no secular authority was competent to impose trial or punishment on a member of the ordained clergy. After his murder, the English church succeeded in establishing much of the exclusive self-jurisdiction for which Becket had contended. Becket’s ideals about the relationship of the clergy to the rest of Christian society are a caution as the Catholic Church begins to work toward healing from the scandal of clerical sexual abuse.

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