A History of Horncastle, from the earliest period to the present timeWalter, J. Conway (James Conway)
History
A History of Horncastle, from the earliest period to the present time
Walter, J. Conway (James Conway)
Horncastle (England) -- History
The right of sanctuary, enjoyed by felons, who sought refuge in a church,
was a very ancient institution, dating from Saxon times, and only
abolished by James I., in 1621, because the great number of churches in
the country rendered it so easy a matter for highwaymen, then very
numerous, to avail themselves of the privilege, that justice was too
often defeated and crime encouraged. According to custom, if the
offender made confession before a coroner, within 40 days, and took the
prescribed oath at the church door, that he would quit the realm, his
life was spared. A Close Roll, 13 Henry III., Aug. 22, 1229, states that
the King, at Windsor, commands the Sheriff of Lincolnshire (Radulphus
filius Reginaldi) to send two coroners to see that a robber who keeps
himself in the church at Horncastle abjures the kingdom, (_Lincs. Notes &
Queries_, vol. i, p. 49). It is a somewhat curious coincidence, that a
similar document, of date 16 Henry III., Aug. 22, 1232, only three years
later, records a similar incident; and the malefactor is ordered to “make
the assize, and abjuration of the kingdom, according to the custom of the
land and according to the liberties granted to Walter, Bishop of
Carlisle,” (_Lincs. Notes & Queries_, vol. iv, p. 58). We have the
explanation of this later instruction in a Memoranda Roll of 4 Ed. III.,
1330, which states that Henry III. granted, by charter dated 16th July,
in the 15th year of his reign, to Walter, Bishop of Carlisle, and his
successors, that they should claim “all chattels of felons and fugitives
within their manors,” the crown giving up all claim to the same in their
favour; and the case is added of Robert Mawe, a fugitive, whose chattels
were demanded by the Bishop, and £34 exacted on that account “from the
township of Horncastre.”
It is remarkable that the two cases, above quoted, should have occurred
at the same date, August 22. An explanation of this has been suggested
in the fact that an old calendar shows that August 22 was a day sacred to
St. Zaccheus; and as that saint set the example of restoring four-fold
what he had unlawfully taken, that day may have been selected for the
robber to surrender his chattels in reparation of his offence. A not
improbable explanation, however, may be found in the fact that the great
August fair, established by Royal Charter, closed on August 21st, and
unruly characters were often left, as dregs of such gatherings in the
place, murders even being not uncommon. By charter of the same king the
Bishop of Carlisle had power to try felons at Horncastle, and a spot on
the eastern boundary of the parish is still known as “Hangman’s Corner,”
where those who were capitally convicted in his court were executed.
Public-domain text, read in full here on John Shaqi.
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