Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
“I order and establish, forever, that what person, of what
condition or estate soever he be, from whence soever he come,
or for what offence or cause it be, either for his refuge in
the said holy place, he be assured of his life, liberty and
limbs. And over this, I forbid, under the pain of everlasting
damnation, that no minister of mine, or of my successors,
intermeddle with any the goods, lands, or possessions of the
said persons taking the said sanctuary.... And whomsoever
presumes or doth contrary to this my graunt I will he lose
his name, worship, dignity and power and that with the great
traitor Judas, that betrayed our Saviour, he be in everlasting
fire of hell; and I will and ordain that this my graunt endure
as long as there remaineth in England, either love or dread of
Christian name.”[28]
So essential was it then regarded to maintain, at all hazards, the _pax
ecclesiae_, that the red handed murderer, even, when he once reached
the sacred precincts of the church’s domain, was to be protected from
the mere temporal powers of the earth, because he thus placed his faith
in a higher law and the mundane officers of the law, for attempting
to preserve the peace of the realm, if they transgressed upon the
sacred soil consecrated to the Lord and used also for the protection of
criminals, were classed along with traitors to the Lord and a dire curse
proclaimed against them. It is well for the race that such delusions have
passed away, along with the delusions of witchcraft and other fanaticisms
of that age.
The Whitefriars, or Alsatia, an establishment of the Carmelites, was
founded by Sir Patrick Grey, in the year 1241, upon a plot of ground,
granted by Edward I., on Fleet street, located between what is now
Salisbury street and the Temple, and Fleet street and the river
Thames.[29]
According to the law, as it finally developed, if a man fled to any one
of the many sanctuaries, _chartered by the Crown_, and claimed protection
from the civil authorities for a crime he had committed, regardless of
the enormity of his crime, he could remain there undisturbed, for life
and was not obliged to make his _abjuration of the realm_, as he was
required to do in case the asylum was not such a chartered institution.
Many of these chartered asylums were established, and aside from those
mentioned, there were sanctuaries so chartered at Wells, Norwich, York,
Manchester, Derby, Lancaster and Northampton.[30]
In the absence of a special charter, however, the crime of treason was
not a sanctuary crime and traitors were not protected, even though they
sought the portals of such consecrated places.[31]
Public-domain text, read in full here on John Shaqi.
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