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
Henry IV. wrote a letter to Cardinal Langley, which is preserved in the
Treasury,[38] wherein that monarch respected the privilege of sanctuary,
even in a case of treason, and asked the protection of St. Cuthbert for
the person of Robert Marshall, “late comitted to prison for treason, now
escaped and broken into the same into youre church of Duresme; we having
tender zele and devocion to the honour of God and St. Cuthbert, ... wol
that for that occasion nothyng be attempted that shal be contrarie to the
liberties and immunitie of our church. We therefor wol and charge you
that he be surely kept there, as ye wol answere unto us for him.—Yeven
under our signet at our towne of Stanford, the xxvii day of July.”
There was flagrant breach of the ancient privilege of sanctuary,
in England, in 1378, in the case of Sir Robert Haule and Sir John
Shackle. Having escaped from the Tower, these gentlemen took refuge in
Westminster. Boxhall, the constable of the Tower, with fifty armed men
pursued them and although the celebration of mass was in progress, when
they entered the abbey, they pursued the prisoners and although Sir John
Shackle escaped, they killed Sir Robert Haule, by hacking him, with their
swords, while he ran around the choir, until he fell dead, with twelve
serious wounds, near the prior’s cell.[39]
Owen Tudor, the father of Henry VII. took refuge at Westminster and Queen
Elizabeth, the widow of Edward IV., with her son, also took sanctuary
there to escape the ferocity of her inhuman brother-in-law, Richard III.
Sir Thomas More gives a graphic account of the sanctuary of Elizabeth:
“Therefore now she (Queen Elizabeth Woodville) toke her younger
sonne the Duke of Yorke and her daughters, and went out of the
Palays of Westminster, into the Sanctuary and there lodged in
the Abbote’s Hac and she and all her children and campaignie
were registered for Sanctuary persons. Whereupon, the Bishop
(Lord Chancellor Rotheram, Archbishop of Yorke) called up all
his servants and took with him the great seal and came before
day to the Queen, about whom he found much heavyness, rumble,
haste, businesse, conveighaunce, and carriage of her stuffe
into Sanctuary. Every man was busy to carry, bear, conveigh,
stuffe, chestes, and fardelles, no man was unoccupied, and some
carried more than they were commanded to another place. The
Queene sat belowe on the rushes, all desolate and dismayed.”[40]
Public-domain text, read in full here on John Shaqi.
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