164. On the Immunity of Ecclesiastical Asylum

1. A certain anarchist was attempting to place an explosive ball in a certain hidden corner of the church. Arcadius, the parish priest, saw him, and immediately summoned the soldiers who were guardians of public order; entering the church, some extinguished the lit ball, others seized the anarchist, and, his hands having been well bound, brought him to the Quaestor.

It is asked: Whether Arcadius and the soldiers violated the immunity of ecclesiastical asylum and incurred excommunication?

R. Negatively. In the Case there is no question of a guilty person fleeing to the church lest he be seized there by force. But there is question of a wicked man who attempts to profane the church with great harm to it, and perhaps also with great harm to persons. Wherefore Arcadius, the parish priest, by immediately summoning the soldiers to seize the criminal man and to prevent so great a harm, acts altogether rightly. Cf. Commentar. in C. Apostolicae Sedis n. 50; I. M. 1187.