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
“_Buck._ ... You break not sanctuary in seizing him.
The benefit thereof is always granted
To those whose dealings have deserv’d the place,
And those who have the wit to claim the place;
This prince hath neither claimed it, nor deserv’d it;
And therefore, in mine opinion, cannot have it;
Then, taking him from thence, that is not there,
You break no privilege nor charter there.
Oft have I heard of sanctuary men;
But sanctuary children, ne’er till now.”[54]
Cardinal Wolsey sought the benefit of sanctuary, after his disgrace, at
the Abbey of Leicester, in King Henry VIII., in the following touching
plea:[55]
“O father Abbot, an old man, broken with the storms of State,
Is come to lay his weary bones among ye; Give him a little
earth, for charity.”
The poor, desolate widow of Edward IV., after the death of her husband,
whose plea of sanctuary we have already described, is thus made to
reflect upon the protection in sanctuary, in 3’ Henry VI.:
“_Queen Elizab._ I’ll hence, forthwith, unto the sanctuary,
To save at least the heir of Edward’s right.
There shall I rest secure from force and fraud.”[56]
And in Coriolanus, as if realizing that sanctuary was an institution that
had out lived its usefulness, Shakespeare thus refers to it as a “rotten
privilege”; when Aufidius is made to say:
“_Auf._ ... nor sleep nor sanctuary, being naked, sick; nor fane nor
capital;
The prayers of priests, nor times of sacrifice,
Embarquements all of fury, shall lift up
Their rotten privilege and custom ’gainst
My hate to Marcius.”[57]
Already the trend of public thought was against the custom which afforded
exemption to the criminal seeking refuge in the sacred places of the
kingdom, and the ancient law of sanctuary, since the reign of Henry
VII. had been gradually amended and so many different limitations were
imposed upon the ancient privilege during the reign of Henry VIII., that
the public were about ready for the final repeal of the law, by King
James, so the gifted Shakespeare, ever alive to the popular views of his
audiences, in referring to sanctuary, in Coriolanus, speaks of it as a
“rotten privilege” that could not stay the hatred of Aufidius for Marcius.
Public-domain text, read in full here on John Shaqi.
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