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
“If a man fled to such a sanctuary as Westminster Knoll, he might remain
undisturbed for life; but if he chose to abjure within the forty days,
the coroner was to appoint him a day to do it. The law of sanctuary is
laid down in a reading of this period in the following manner: None shall
take sanctuary but _in periculo vitae_, as for treason, felony, or the
like and not for debt; for a grant or prescription to have sanctuary
for debt was against law and void. But the reading lays down a strange
quibble to evade this; for it admits, that if a man’s body was in
execution, and he escaped, and came to a sanctuary, ordained as a refuge,
and safeguard for a man’s life, he should have benefit thereof, _because
by long imprisonment his life might be in jeopardy_. If a church was
suspended for bloodshed, he who took it for sanctuary should still enjoy
it for forty days and abjuration for felony, discharged all felonies done
before the abjuration. A man could not abjure for petit larceny, however,
but only for such felonies as induced the pain of death.” IV. Reeve’s
History English Law, p. 255.
[33] 3’ Henry VII., 12; IV. Reeve’s History English Law, 253.
[34] _Ante idem._
[35] Preface of Rev. James Raine’s to the Fifth Volume of the Surtees
Society, gives the following description of the manner of claiming
sanctuary at Beverley and Durham:
“Persons who took refuge fled to the north door and knocked for
admission.... As soon as anyone was so admitted the galilee bell was
immediately tolled, to give notice that some one had taken sanctuary. The
offender was required, before the shrine of the patron saint, and certain
credible witnesses, to tell the nature of his offense, and to toll a
bell, in token of his demanding the privilege of sanctuary.... Everyone
who had the privilege of sanctuary was provided with a black gown and a
yellow cross, called St. Cuthbert’s Cross, upon the left shoulder.... If
one’s life was saved the third time, by the privilege of sanctuary, he
became permanently a servant of the church.” Chamber’s Journal, Vol. 64,
p. 514.
[36] This is the oath administered by the Archbishop of York, at
Beverley, as same is preserved in the register, according to the Harleian
Manuscript: “Ye shal be trew and feythful to my Lord Archbishop of York,
lord of this towne; to the Provost of the same; to the Chanons of this
chirch, and all other ministers thereof. Also, ye shal here gude hert
to the Baillie and Governors of this towne, to al burges and comyners
of the same. Also, ye shal bere no poynted wapen, dagger, knyfe, nor
no other wapen agenst the kyng’s pece. And ye shal be redy at all your
power if there be any debate or stryf, or oder sotham case of fyre within
the towne, to help to surcess it.... So help you God, and this holy
Evangelistes.” Chamber’s Journal, Vol. 64, p. 514.
Public-domain text, read in full here on John Shaqi.
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