Tavilla Tavilla, n.º 1 -2018 | Page 21

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The Immunity of the Church

The power of "punishment exemption" within the Catholic Church

In the reign of D. Manuel I, King of Portugal, and of the continental and overseas Algarve, in Africa, and Lord of Guinea and the Conquest, Navigation and Commerce of Ethiopia, Arabia, Persia and India, granting immunity was very common and it consisted in giving shelter inside the church to offenders who had committed a crime which could be charged with death penalty or to a "limb cutting." But, immunity could not be granted to burglars. Their punishment was to be hurt, stolen or killed by anyone who caught him in the act. For Jews and Moors, "the Church did not defend those who did not live under its law," unless they wanted to convert to Christianity.

There is another document, dated 29/04/1516, that shows a situation of protection and immunity given to Gaspar da Costa, who lived in Tavira, and who, in a row, had allegedly murdered Vasco Anes de Carvalhal, judge of Tavira. While in jail, he stated that he had been unjustly imprisoned, because at the time of his arrest he was inside the house of Saint Martin's Priest house, in Lisboa. Judge Lourenço Garcês, by order of King D. Manuel I, immediately ordered the release of the "wronged prisoner ", taking into account the immunity granted by the Church. Therefore, he was restored to freedom and returned to Saint Martin's Church. However if he were to be seen outside of it, the royal justice would be fulfilled and he would be arrested immediately because, "the alleged murder had been (...) on purpose."