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
A pathetic picture, of this poor widowed Queen, sitting all alone,
amid the green rushes, a refugee from the ferocity of her wolfish
brother-in-law. One devoid of chivalry and possessing only common human
instincts of pity would have offered protection to a lady in such sad
plight, but history does not record it of “Crookbacked Richard,” for he
determined early to prove a villain and, to clothe his naked villany
“with old odd ends stol’n forth of holy writ”; he seemed a saint, when
most he played the devil and was not only devoid of pity for others, but
found, in himself, no pity for himself.[41]
An instance of the temporary violation of the royal charter privileges
granted to St. Martin’s le Grand, occurred in September, 1442, when
an officer was conducting a prisoner from Newgate to Guildhall. When
they reached Panyer Alley five of the prisoner’s friends rushed out
and rescued him from the officer and took him to St. Martin’s claiming
sanctuary. The sheriffs of London went to the Church and not only took
the prisoner, but all five of his friends, with chains round their necks
to Newgate. The matter was brought before the King’s Star Chamber, by the
Dean and Chapter of St. Martin’s le Grand and the claim advanced that
the ancient charter privileges of the Church had been violated by the
Sheriffs and the King ordered the men to be sent back to St. Martin’s
“there to abide freely, as in a place having franchises, whiles them
liked.”[42]
During the reign of Henry VII., the interesting case of Humphrey Stafford,
was decided, wherein the right of sanctuary, in treason, was expressly
denied. Stafford had been attainted of treason and claimed sanctuary but
was taken from the sanctuary and imprisoned in the Tower. When brought to
the Bar of the King’s Bench, he pleaded his right of sanctuary, but after
solemn discussion and reflection, the judges gave a unanimous decision
that treason was such an exalted crime against the prerogatives of the
King, that it could not be included within the crimes for which sanctuary
would be allowed, and they disregarded the ancient charters to the
contrary and gave judgment that Stafford should be executed.[43]
It was attempted to have this holding reviewed the year following the
decision, when the Abbot of Abingdon appeared before the judges and
produced his ancient charters, upon which he claimed his privileges were
founded and the whole issue was gone into in exchequer chamber, before
the judges. The Abbot claimed that the judges should confer with the
prelates before pronouncing judgment, but one of the judges replied that:
Public-domain text, read in full here on John Shaqi.
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