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
Most unluckily, the interest that the great had in {175} the
continuance of this abuse tended also to its maintenance. In league
with their retainers, they wanted to defend them from justice as
they themselves were defended by them in the street or on the road;
and the best means of saving these _bravi_ from the consequences of
some assassination was to obtain or buy for them a charter of pardon.
The Commons knew it, and reminded the king that often the protectors
of such criminals secured charters for them on the representation
that these men were abroad, occupied in fighting for the prince. The
charter once obtained, the malefactors returned and renewed their
ill-deeds, without fear of being troubled by any one.[224]
For all these reasons the traveller would not have been prudent if
he had not foreseen on starting the chance of some untoward meeting,
and if he had not armed himself in consequence. This was such a
recognized necessity that the Chancellor of the University of Oxford
allowed the students, on the occasion of a journey, to carry arms,
otherwise strictly forbidden.[225]
There was, then, at best, but moderate safety against robbers, and
there was not always much against the sheriff’s officers themselves.
At a time when prowlers were so numerous, it was enough to be a
stranger in the district, especially if it were night, to be sent to
gaol on suspicion, {176} as shown by a statute of Edward III.[226]
Nothing more general than the terms of this law; the power to arrest
is almost unlimited: “Whereas, in the statute made at Winchester
in the time of King Edward, grandfather to the king that now is,
it is contained, That if any stranger pass by the country in the
night, of whom any have suspicion, he shall presently be arrested
and delivered to the sheriff, and remain in ward till he be duly
delivered; and because there have been divers manslaughters,
felonies, and robberies[227] done in times past, by people that
be called roberdesmen, wastors, and draw-latches . . . ” whoever
suspects any to be one such, “be it by day or by night,” shall cause
him immediately to be arrested by the constables of the towns; the
man shall be kept in prison till the justices of gaol delivery come
down, and meanwhile inquiry shall be made.
Public-domain text, read in full here on John Shaqi.
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