The Presbyters Project

De his qui ad ecclesiam confugium faciunt.

The canon confirms the right of asylum in churches. It states that the perimeter of the church is also inviolable and states as follows:

Ipsos tamen qui ad ecclesiam refugium fecerint, si iuxta priscorum canonum instituta ii qui eos competunt, sacramenta reddiderint et sacerdos ecclesiae ipsius ab ecclesiae foribus non abstraxerit, aut fuga talium si uenerit, sacerdoti quaerenda est, aut damnorum sententia secundum electionem principis huiusmodi sacerdotibus irroganda.

(eds. Martínez Díez, Rodríguez 2002: 181)

On those who take refuge in a church

The canon confirms the right of asylum in churches. It states that the perimeter of the church is also inviolable and states as follows:

If a priest does not expel from the confines of his church those who have taken refuge in it, and their pursuers take an oath according to the decrees of the ancient canons, the priest will be responsible for the escape of these people or he will be punished according to the decision of the ruler.

(trans. M. Szada)

Discussion:

The right of asylum was valid but not unconditional. Only a priest could remove a person seeking asylum in the church, but he had to do so in certain circumstances, as is pointed out by the canon. Cf. the laws on the right of asylum in the Lex Visigothorum [552] and [621].

Place of event:

Region

Iberian Peninsula

City

Toledo

About the source:

Title: Concilium Toletanum XII a. 681, Concilium XII Toletanum a. 681, Twelfth Council of Toledo in 681 AD
Origin: Toledo (Iberian Peninsula)
Denomination: Catholic/Nicene/Chalcedonian

The Twelfth Council of Toledo gathered on 9 January 681, after the reign of King Wamba came to an end. The senior bishop at the council was Julian of Seville, and the bishop of Toledo was at the time Julian of Toledo (the author of Historia Wambae). The preface of the acts of the council relates the end of Wamba`s rule, his illness, and the penance he received on his deathbed. He survived, but, as a penitent, he could not continue to be a king; thus the new kingdom passed to Ervig, whose rule the council confirmed. Since the circumstances of Ervig`s ascent to power were at least suspicious, Ervig issued a document, (a tomus) to assert his version of the facts related above that was appended to the acts of the council (Thompson 1960: 229–231). The council also confirmed the anti-Jewish legislation added by Ervig to the Lex Visigothorum (there are 28 of them, many concern priests and presbyters; see [553], [555], [606], [632], [635], [636], [637], [646], [648], [649], [652]), see Collins 2004: 234-235.

Edition:

G. Martínez Díez, F. Rodríguez eds., La colección canónica Hispana, Monumenta Hispaniae sacra. Serie canónica 6, Madrid 2002.

Bibliography:

R. Collins, Visigothic Spain, 409–711, Oxford 2004.

E.A. Thompson, The Goths in Spain, Oxford 1969.

Categories:

Functions within the Church - Parish presbyter

Described by a title - Sacerdos/ἱερεύς

Public law - Ecclesiastical

Administration of justice - Ecclesiastical

Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER972, http://presbytersproject.ihuw.pl/index.php?id=6&SourceID=972