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
During the reign of Edward I., about the year 1262, the Abbot of
Westminster attempted to extend the privilege of sanctuary, to those
guilty of treason, to debtors and other classes of criminals than those
who had formerly enjoyed the right and he also contended that the civil
officers were not allowed, under the conditions of the charter of that
institution, to enter upon any places, however remote, that belonged to
the abbey. A law suit resulted and notwithstanding the broad terms of the
charter above quoted, it was decided by all the justices that sanctuary
was confined to felons alone and that the sheriffs of London had a right
to enter the town of Westminster and to proceed to the very gates of the
abbey and to enter the houses of the abbey elsewhere in the county, to
arrest felons.[32]
The class of criminals who sought protection under the right of
sanctuary, included the whole gamut of crimes known to English law,
murder or homicide, debt, horse and cattle stealing, housebreaking,
or burglary, escaping from prison, rape, harbouring a thief, treason,
receiving stolen goods, counterfeiting, larceny and the other crimes
common in the realm and made so by statute, or existing at common law.
During the reign of Henry VII., it was decreed that when an offender fled
to sanctuary, it was not enough for him to declare that he came there to
save his life, but he must add that he had committed a felony; though
he need not specify the felony, before the coroner came.[33] But if he
failed to make such a general declaration, he could be dragged from the
sanctuary and was not exempt from civil process.[34]
The system whereby the felon fled to sanctuary and was accorded the
privilege is described in the literature of the period descriptive of the
manner of enjoying this right.
A knocker was usually provided at the outer door of the abbey and one or
two janitors roomed above the door, to admit such nocturnal visitors as
called at different hours to claim their sanctuary. After the refugee was
admitted to the sanctuary, the Galilee Bell was tolled, to announce to
the outer world that another sanctuary criminal had been admitted. A gown
of black cloth, with a yellow cross, was given to the culprit to wear and
he was disarmed and assigned to his quarters.[35]
The oath administered to the refugee has been preserved by the Harleian
Manuscripts[36] and a form of confession and abjuration, administered by
Sir William Rastall, Chief Justice of the Court of Common Pleas during
the reign of Queen Mary, has been handed down to us.[37]
While the right was held not to extend to cases of treason, generally,
in different reigns, we find that it was extended to include treason, as
well as the lesser felonies.
Public-domain text, read in full here on John Shaqi.
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