English Wayfaring Life in the Middle Ages (XIVth Century)Jusserand, J. J. (Jean Jules)
History
English Wayfaring Life in the Middle Ages (XIVth Century)
Jusserand, J. J. (Jean Jules)
Christian pilgrims and pilgrimages -- England; England -- Social life and customs -- 1066-1485; Travel, Medieval
[220] “The History of King Richard the Thirde,” pp. 44, 45. A list of
the “contents” of the same Westminster sanctuary, in 1532, has been
printed by the Rev. J. C. Cox, showing that “there were then fifty
fugitives, including one woman under the protection of the abbey, as
life prisoners, one of whom had been there for twenty years. Sixteen
were there for felonies, probably all robberies, eleven for murder
or homicide, eighteen for debt, and two for sacrilege,” the church
having particular merit in protecting the latter. One was a priest:
“Sir James Whytakere, preste, for murdre”; some were there for a
matter so small as to inspire pity: “John ap Howell for felony; a
poore mane, for stellynge of herrings.” “Sanctuaries,” 1911, pp. 72
ff.
[221] “History of the reign of King Henry VII,” Ellis and Spedding’s
edition of Bacon’s Works, vol. vi. p. 43. Bacon says that Henry “was
tender in the privilege of sanctuaries, though they wrought him much
mischief” (p. 238).
[222] 21 James I, cap. 28, § 7; “Statutes,” vol. iv. part ii. p. 1237.
[223] “Rolls of Parliament,” 21 Ed. III, vol. ii. p. 178. See also
the petition of the Commons in 1350–51, 25 Ed. III, vol. ii. p. 229.
[224] “Our lord the king by untrue recommendations has several
times granted his charter of pardon to notorious robbers and to
common murderers, when it is given him to understand that they are
staying for his wars beyond the sea, whence they suddenly return
into their country to persevere in their misdeeds.” The king orders
that on the charter shall be written “the name of him who made the
recommendation to the king;” the judges before whom this charter
shall be presented by the felon to have his liberty shall have the
power to make inquiry, and if they find that the recommendation is
not well founded, they shall hold the charter of non effect. “Rolls
of Parliament,” vol. ii. p. 253, A.D. 1353.
[225] Regulations of 1313. “Munimenta Academica; or documents
illustrative of academical life and studies at Oxford,” edited by H.
Anstey, London, 1868, Rolls Series, vol. i. p. 91. The penalty was
prison and the loss of the weapons.
[226] 5 Edward III, cap. 14.
[227] A characteristic example of thief-catching, the man being a
vagabond, is in Thorold Rogers: William atte Lane had “feloniously
bereft Richard [de Herbarton] of a striped gown, worth ten
shillings.” Richard ran after him, “cum hutesio et clamore,” and the
man was caught “by the bailiff of the liberty of Holywell, Oxford.”
William pleaded not guilty and asked for a jury, “ponit se super
patriam.” The jury found him guilty, ordered that he restitute the
gown to Richard, and as he had no goods to make atonement, and was “a
vagabond belonging to no ward,” he be hanged, “suspendatur,” (Dec. 8,
1337); the marginal note “susp.” shows that he was actually hanged.
“Hist. of Agriculture,” ii. 665.
[228] Statute of Winchester, 13 Ed. I, cap. 4.
Public-domain text, read in full here on John Shaqi.
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