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
In Scotland, by the ancient canons of the Scottish Councils, much more
sacredness was attached to the plea of sanctuary, than obtained during
this period of English history. Excommunication was there incurred
for the offense of taking criminals from sanctuaries and depriving
them of the protection of the church. Scottish kings granted charters
recognizing broader privileges in certain churches than in others, and
many particular ecclesiastical asylums were established in Scotland, by
special charters.
One of the most celebrated sanctuaries in Scotland was the church of
Wedale, now called Stow, for in this church there was an image of
the blessed Virgin, believed to have been brought by King Arthur,
from Jerusalem. David I., of Scotland, granted the “king’s peace,” in
addition to the church’s protection, to those refugees taking sanctuary
at the church of Lesmahagow, and it was, for centuries, one of the most
prominent sanctuaries of Scotland.
One of the most remarkable features of the custom of sanctuary, obtaining
in Scotland, was that of the _Clan Macduff_, alleged to have been granted
by Malcolm Canmore, on recovering the throne of his ancestors. Any person
related within the ninth degree to the Chief of the Clan Macduff, who
committed manslaughter, was entitled, when he fled to Macduff’s cross,
in Fife, to have his punishment remitted to a fine, or at least to be
repledged and exempted from trial in any other jurisdiction, by the Earl
of Fife. History records that this privilege of sanctuary, saved the life
of Hugh de Arbuthnot and his accomplices, from trial for the murder of
John de Melvil of Glenbervie, in the year 1421.
The Scotch law of sanctuary was more guarded than the English, in the
middle ages, in affording too easy an immunity for crime, but in this
country, there existed in most recent times, a sanctuary for debtors in
the abbey and palace of Holyrood, with its precincts, including the hill
of Arthur’s Seat and the Queen’s Park.[46]
The privilege of sanctuary, while it obtained in England and Scotland
gave rise to considerable legislation and litigation, to restrain the
right within the proper limits and to interpret the laws governing the
privilege as it had previously been enjoyed.
In 1378 it was ordained that debtors claiming sanctuary with the intent
of defrauding their creditors should have their goods and lands levied
upon to discharge their debts.[47]
In 1487 Pope Innocent VIII. authorized the arrest of persons who left the
sanctuary, to commit murder, robbery or other felony, though they sought
the sanctuary, the second time, for protection and he ordered at the same
time that those inmates of sanctuaries who were guilty of treason should
be prevented from leaving the realm.[48]
Statutes of the time of Henry VIII. greatly curtailed the privilege of
sanctuary. By act of Parliament, passed in the twenty-first year of his
reign,[49] it was provided that the culprit:
Public-domain text, read in full here on John Shaqi.
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