Page:Disciplinary Decrees of the General Councils.djvu/214

206 have taken refuge in a church or cemetery. Even in the Old Law and among the Greeks and Romans, temples and certain specified districts were places of refuge where the criminal fled for protection from revenge or death without due trial. The right of asylum is based on the natural feeling or consciousness that it is unjust to injure anyone who places himself under the protection of the Deity. When the Christian religion became the religion of the state, it was but natural that emperors should elevate churches and episcopal residences to the right of sanctuary. In one of his capitularies, Charlemagne decreed that no one who had taken refuge in a church should be removed therefrom by force, but should be left undisturbed till the court had declared its decision. Originally limited to the church and its immediately surrounding grounds, the right was subsequently extended to cemeteries, episcopal residences, parish houses, monasteries, seminaries, hospitals, and certain other places. Our canon excludes no one from the benefit of the privilege. By later enactments the jus asyli was more clearly defined and excluded from its benefits all notorious criminals, such as murderers, adulterers, ravishers of young girls, highway robbers, plunderers of fields, public debtors, and those who chose such places for the scene of their crimes in order to enjoy immunity. Since the sixteenth century it has been considerably modified, owing to the opposition of state legislation. Modern penal codes do not recognize it. However, the right still exists, though it is limited to the church only. The new Code of Canon Law in canon 1179, like the present canon, excludes no one, and extradition may not be made, except in cases of urgent necessity, without the permission of the bishop or that of the pastor of the church.

{{c|{{Smaller|CANON 16 }}

{{smaller block|Summary. No one shall demand any ecclesiastical office on the plea of hereditary right. Such offices are conferred in consideration of merit. }}

'Text.'' It is beyond doubt that ecclesiastical honors are bestowed not in consideration of blood relationship but of merit, and the Church of God does not look for any successor with hereditary rights, but demands for its guidance and for the administration of its offices upright, wise, and religious persons. Wherefore, in virtue of our Apostolic authority we forbid that anyone appropriate or presume to demand on the plea of hereditary right churches, prebends, deaneries, chaplaincies, or any ecclesiastical offices. If anyone, prompted by dishonesty or animated by ambition, dare attempt this, he shall be duly punished and his demands disregarded.''' {{nop}} ___ {{smallrefs}}